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Planning Commission presses staff on notice and process for Chapter 31 CEQA changes; public asks delay
Summary
Public speakers and commissioners pressed planning staff over the administration and notice for proposed Chapter 31 administrative-code amendments (CEQA appeal procedures). Commissioners asked for legal advice and ultimately continued deliberations; the commission set a follow-up date and asked the City Attorney for a written opinion on noticing rules.
The commission heard a prolonged public debate over draft amendments to Administrative Code Chapter 31 (appeals and time limits for categorical exemptions, negative declarations and EIRs). Multiple neighborhood groups and public speakers argued they had not been given adequate notice to review the proposed changes and asked the commission to delay any recommendation so community organizations could digest the language (Marilyn Amini, Hiroshi Fukuda, Marilyn Amini again and others raised notice and process objections).
Planning staff and the department's presenter, Lisa Gibson and Paul Malzer, said the proposed ordinance was initiated by Supervisor Ma and that the amendments were narrowly intended to establish a uniform appeals process and time limits to bring local code into conformity with state law. The department said it supported a uniform 20-day appeal window in principle but acknowledged the draft needed clarifications on how the 20 days would be triggered (commission action vs. building permit issuance) and that exemptions would appeal to the Board of Supervisors, not the Planning Commission (planning staff statement summarized).
Commissioners and members of the public pressed staff on the mechanics of notification, the legal authority to amend Chapter 31, and whether the Commission or the Board of Supervisors must hear the matter first. Several commissioners said they were not ready to vote and asked staff to include recent public letters. After debate the Commission voted to continue the public hearing on the Chapter 31 item to Nov. 2 and asked staff to forward correspondence and request a written opinion from the City Attorney about the applicable notice requirements in Administrative Code sections 31.04(c) and 31.05(h). Planning staff noted the item is scheduled on the Board's land-use committee next week and recommended coordination with the Board.
No final legislative changes were adopted at the Oct. 26 meeting; the commission's action was procedural to allow additional review and to get legal clarification about noticing and sequencing of review.
