The San Francisco Board of Supervisors has adopted an ordinance that makes significant changes to San Francisco’s local CEQA implementation procedures, for the first time since 2013. Mayor Lurie signed the ordinance on October 23, and it will become effective in late November. The ordinance amends Administrative Code Chapter 31 to eliminate a range of local requirements that exceed CEQA’s mandates, implementing Housing Element directives to simplify San Francisco’s CEQA process to facilitate housing entitlement and construction.
What Changed
Appeals
- The time period to appeal a CEQA determination to the Board of Supervisors is reduced from 30 days to 15 days.
- Administrative appeal procedures are eliminated for (1) “No Substantial Modification” determinations, where the Environmental Review Officer concludes that a change to an exempt project does not require further CEQA review, and (2) modifications to the list of nonphysical and ministerial projects excluded from CEQA.
- Administrative appeals of preliminary negative declarations are eliminated. Instead, the public may comment on a preliminary negative declaration during the CEQA review period, and eligible commenters may appeal the final negative declaration after the project’s Approval Action.
- The Board of Supervisors must act on an appeal within two weeks of the scheduled hearing date, and issue findings within two weeks if it reverses a CEQA determination.
- The ordinance confirms that no administrative appeal is available where the Board of Supervisors is the first decision-making body on a project.
Environmental Documents
- Planning Commission hearings on draft EIRs are no longer required. The Planning Department will continue to accept and respond to written comments, and the Commission will continue to hold final EIR certification hearings.
- Chapter 31’s detailed Certificate of Exemption requirements are eliminated, the requirement to prepare a Certificate or comparable written exemption determination for projects involving certain historic resources, Class 31 and Class 32 categorical exemptions, specified demolitions, and community plan exemptions. Exemptions would instead be posted on the Planning Department’s website.
- Initial studies will no longer be required to address the eight priority policies under Planning Code Section 101.1; consistency with the priority policies will continue to be evaluated through the project entitlement process rather than as part of CEQA review.
Noticing
- For negative declarations and EIRs, notice will require website posting plus any one of three methods—newspaper publication, mailing to contiguous owners and occupants and interested parties, or posting in the project area—rather than the current stacked requirements including the 300-foot mailing radius.
Timing and Mitigation
- Where an applicant provides notice under AB 1633 (a state law that treats certain delays in completing CEQA review for qualifying housing projects as a “disapproval” under the Housing Accountability Act), the City will be required to issue a determination regarding the project within 90 days, or 180 days if an extension is invoked.
- The Environmental Review Officer will be authorized to refine or update previously adopted mitigation measures when tiering from a program-level document or reviewing a new approval for an already-approved project, subject to limiting criteria.
Shadow
- Shadow will be removed as a CEQA topic. Planning Code Section 295, which protects sunlight on Recreation and Park Department properties, will continue to apply.
Why It Matters
The ordinance pares back many of the additional procedures the City of San Francisco has layered onto CEQA through Chapter 31, including supplemental appeals, hearings, notice requirements, and documentation procedures. It also removes certain locally required areas of analysis, such as separate CEQA consideration of shadow.
With fewer opportunities for intermediate appeals, shorter appeal windows, and reduced procedural steps, the practical effect for developers is likely to be a shorter and more predictable period of local administrative review.
Status
The ordinance was passed by the Board of Supervisors on its second reading on October 20, was approved by Mayor Lurie on October 23, and will become effective on November 23, 2026.
