July 2013 - Sustainability - list.sfgreens.org

[Sustain] CEQA: ALERT! Contact Supervisors Today To Support Our Ability To Appeal Modifications Of Projects
by Eric Brooks 22 Jul '13

22 Jul '13

Hi all, Please see below the CEQA message that I just emailed to the Board of Supervisors, and then email similar individual and group communications to our two key swing votes on this issue, Supervisors Malia Cohen and London Breed at: Malia.Cohen(a)sfgov.org london.breed(a)sfgov.org Hi Supervisors and staff, Tomorrow you will be deciding on a piece of trailing legislation to the CEQA procedures that you passed on first reading last week. This important trailing legislation is agenda item 65, #130464. Please know that this trailing legislation embodies a -vital- assurance that members of the Community CEQA Improvement Team must have, in order to support of the overall agreement on CEQA procedures that you began putting into place last week. Specifically, because the main legislation now requires that CEQA appeals must be filed after the -first- approval of a project, the public will completely lose the ability it now has, to appeal any project that substantially changes after its first approvals (when the Environmental Review Officer determines that the project change does not require a new environmental review). The Community CEQA Improvement Team considers it absolutely essential that the public have the right to seek a public hearing with the Environmental Review Officer in cases in which we feel that the Environmental Review Officer has erred in deciding that a substantial change does not warrant a new environmental review. Such a right is the backstop that the public needs, to prevent projects from becoming harmful to the environment and San Francisco neighborhoods due to error, neglect, or bad action. It is very important to note that because this new appeal procedure is merely administrative, and not an appeal under CEQA law itself, such appeals of project modifications will not in any way delay projects moving forward during the appeal period. Because this trailing legislation will give us an assured ability to challenge significant project changes, in return we feel we can support the full package of CEQA procedures legislation and trailing legislation together. This at last, after a 10 year delay, will form a groundbreaking compromise that will ensure vast improvements in CEQA procedures in San Francisco so that they are better for both project sponsors and project appellants. We strongly urge you to vote 'Yes', and show your support for this crucial trailing legislation, so that all parties to these CEQA procedures negotiations can finally reach a fair and productive compromise. Thank you, Eric Brooks Coordinator, Community CEQA Improvement Team 415-756-8844

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[Sustain] CEQA: Please Contact Commissioners -Today- To Support Our Ability To Appeal Modifications Of Projects Exempted Under CEQA
by Eric Brooks 16 Jul '13

16 Jul '13

Hi all, Please see this message that I just emailed to the Historic Preservation and Planning Commissions via their commission secretaries at tim.frye(a)sfgov.org and Commissions.Secretary(a)sfgov.org Please email similar individual and group communications to them right away. The more comments they receive, the more likely we are to win on this key point: Hi Tim, Jonas, Please forward this communication today, to your respective Commission members (Historic Preservation and Planning) so that they can consider it before their decisions tomorrow and Thursday on their agenda items 10 and 8 respectively. thanks, Eric Brooks, Community CEQA Improvement Team Dear Historic Preservation and Planning Commissioners, Your support is urgently needed. This Wednesday and Thursday you will be making a recommendation on a piece of trailing legislation to the CEQA procedures rules (which are likely to pass today at the Board of Supervisors). Note that this trailing legislation, originally sponsored by Supervisor Jane Kim, is planned to be amended by Supervisor David Chiu to reflect recent negotiations between parties effected by the CEQA procedures changes. By now you should have received communications from Supervisor Chiu on the nature of the new amendments. Please know that this trailing legislation embodies a -vital- assurance that members of the Community CEQA Improvement Team must have, in order to support the overall agreement on CEQA procedures that has been brought to the Board. Specifically, because the main legislation now requires that CEQA appeals must be filed after the -first- approval of a project, the public will completely lose the ability it now has, to appeal any project that substantially changes after its first approvals, in the case that the Environmental Review Officer determines that the project change does not require a new environmental review. The Community CEQA Improvement Team considers it absolutely essential that the public have the right to seek a public hearing with the Environmental Review Officer in cases in which we feel that the Environmental Review Officer has erred in deciding that a substantial change does not warrant a new environmental review. Such a right is the essential backstop that the public needs to retain, to prevent projects from becoming harmful to the environment and San Francisco neighborhoods, due to error, neglect, or bad action. The trailing legislation, as amended by Supervisor Chiu, will give us this assured right, and in return we feel we can support the full package of CEQA procedures legislation and trailing legislation together. This at last, after 12 years, will form a groundbreaking compromise that will ensure vast improvements in CEQA procedures in San Francisco so that they are better for both project sponsors and project appellants. We strongly urge you to show your support for this crucial trailing legislation, so that all parties to these CEQA procedures negotiations can finally reach a fair and productive compromise. Thank you, Eric Brooks Coordinator, Community CEQA Improvement Team 415-756-8844

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[Sustain] CEQA! One Last Big Push To Win Ourselves Crucial Ability To Appeal Project Modifications - Pre Meetings & Hearings Next Wed, Thu, & Mon July 17, 18, & 22 - HPC, Planning, & Land Use
by Eric Brooks 13 Jul '13

13 Jul '13

Hi all, CRUCIAL CEQA HEARINGS IN HISTORIC PRESERVATION & PLANNING NEXT WED & THU (see details below) UPDATE & LAST REMAINING BIG CEQA ISSUE TO FIGHT FOR As I reported previously, our legislative team is now completing intense negotiations with Supervisor David Chiu, and Planning staff, and with the exception of one nasty holdover, we have stripped Wiener's original CEQA legislation of nearly all of it bad aspects, and at the same time, have vastly strengthened noticing requirements. The one nasty holdover of course is that CEQA appeals on projects will still be required to occur after the first approval of any project. We met such a huge wall of opposition on getting a later appeal trigger that we were forced to give on that point. HOWEVER, in return for allowing the first approval we have insisted vehemently that we must be able to challenge Environmental Review Officer approvals of modifications to projects that have already undergone that first quicker appeal window. If we don't win such a modification appeal right we will essentially have absolutely no recourse (besides lawsuits) to challenge projects that change beyond their original environmental approval. But Planning staff is fighting us on that modification appeal right - so we need to battle hard for it over the next two weeks. To that end, next Wednesday & Thursday, we will convene to hold pre hearing strategy meetings and attend the hearings. This is the last battle so please gear up and join in! Here are the meeting/hearing details. Please RSVP to confirm if you plan to attend either or both: 1) CEQA Pre Historic Preservation STRATEGY MEETING - Wednesday, July 17, 11:30am - SF City Hall Basement Cafe 2) HISTORIC PRESERVATION HEARING on CEQA MODIFICATION APPEAL - Wednesday, July 17, 12:30pm - SF City Hall, Room 400 - agenda:http://www.sf-planning.org/index.aspx?page=3533 3) CEQA Pre PLANNING COMMISSION STRATEGY MEETING - Thursday, July 18, 11am - SF City Hall Basement Cafe 2) PLANNING COMMISSION HEARING on CEQA MODIFICATION APPEAL - Thursday, July 18, 12pm - SF City Hall, Room 400 - (will post agenda this Monday) Please RSVP if you plan to attend either or all. Also set your calendars for the following week when this Modification Appeal legislation will be taken up in the Land Use Committee on Monday July 22, at 1:30pm. This is it all! This is the last big fight and then we're done! in solidarity Eric Brooks 415-756-8844

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