Ways in which the term substantial evidence is used in ceqa. One is an evidencery standard. One is an appellate standard. The way in which this is introduced in this legislation has to do with evidence and very simply, if you want to make a case for conclusion, whether you is the city or you is the appellant, you need to substantial evident to support it. Thats all that this ordinance says. Thats what the state statutes say, thats what the state guidelines say, thats what the statute says. It doesnt produce any permissible standard. The other way in which substantial evidence is used in ceqa is as a standard of review. And in very simple terms, theres two basic standards. Theres substantial evidence which is defresidential to a lead agency, it primarily applies to eirs and addenda and infill exemptions. And theres fair argument which primarily applies to negative declarations. This does not addressing that. In fact, more broadly, this ordinance does not address the substance of how ceq
Less clear to the public as it relies on many things. We have to look at board of the clerk procedures. There is a City Attorney opinion letter. And every individual determination for an appeal if appropriate, is it timely, has to be reviewed by the City Attorney for review by determination. Important to the hpc in particular, the proposed procedures would change nothing about how Historic Resources are evaluated under see qualitiv so, there is some confusion as you heard about that. There would be the only change relative to Historic Resources would be a small change to the special noticing that happens to those who are on our preservation mailing list. And this notice for Historic Resources was amended in the recent version just last week so it would address the concern and provide notice for any city adopted service. So, thats kind of the big overview. Now our senior environmental planner sarah jones is going to go through the memo that we handed out today. And there copies on the t
And provide notice for any city adopted service. So, thats kind of the big overview. Now our senior environmental planner sarah jones is going to go through the memo that we handed out today. And there copies on the table for the public. If anyone needs an extra one, they can see us. Could i ask a quick question to staff . Theres references im reading in here, and you just mentioned there had been amendments made to the legislation that we have had before us, but we have not received. Is that correct . That is correct. I would go run copies right now. Im sorry for that. Thats all right. We dont need to do that. Theres one more clarification on your presentation. I just wanted im not sure if i understood this correctly. Two things. You said that if one wanted to speak at a later eir hearing, they had to have addressed the deir hearing to speak at the later hearing . At the appeal hearing, thats correct. All right. That was one thing i wasnt clear about. And the other on negative declara
One correction to the information in the memo. After the approval an appeal must be filed with the board within 20 days. As mentioned previously, negative declarations can be appealed to the board of supervisors even if they were not appealed to the Planning Commission. Overall, the rules surrounding negative declaration appeals are highly unclear. Included in your tiersv is a case study of an appeal of an Affordable Housing project that this commission reviewed at 31 55 scott street. Under the proposed provisions, the same appeals could occur, but the process would be both shorter and more efficient. In the case of this project, this could have enabled the project sponsor to take better advantage of state funding cycles. As it is, construction has not yet begun on this project as a result of missing some funding cycles. The next category of environmental documents is categorical exemptions. Again, this is a very large range of time, both in term of how long the environmental process t
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