San Francisco County Municipal Code Art. II Projects Covered

Sec. 31.06. Coverage of State Law. Sec. 31.07. Listing of Non-Physical and Ministerial Projects. Sec. 31.08. Exemptions.

CEQA provides that certain kinds of projects may be subject to CEQA. Some of these projects may be excluded or exempt from CEQA. If not excluded or exempt, CEQA provides a process whereby an initial study is completed, then a determination is made as to whether a negative declaration, mitigated negative declaration, or an environmental impact report ("EIR") should be prepared. In accordance with the requirements of CEQA and as specified herein, the Planning Commission and/or the Environmental Review Officer shall determine when CEQA applies to a project, when the project is excluded or exempt, or when a negative declaration, mitigated negative declaration, or environmental impact report is required. (Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])

(a) The Environmental Review Officer shall maintain a listing of types of nonphysical and ministerial projects excluded from CEQA. Such listing shall be modified over time as the status of types of projects may change under applicable laws, ordinances, rules and regulations. The listing shall not be considered totally inclusive, and may at times require refinement or interpretation on a case-by-case basis. When the Environmental Review Officer proposes to modify such listing, notice shall be provided on the Planning Commission agenda prior to such modification. Any person who may consider any modification to be incorrect may appeal such modification to the Planning Commission within twenty (20) days of the date of the Planning Commission agenda on which notice of such modification was posted. The Planning Commission may affirm, modify or disapprove such modification, and the decision of the Planning Commission shall be final. (b) Such listing of excluded projects and modifications thereto shall be kept posted in the offices of the Planning Department, and copies thereof shall be sent to the Board of Supervisors and all other affected boards, commissions and departments of the City. (Added by Ord. 40-01, File No. 001007, App. 3/16/2001)