 |
|
|
|
|
What the City Must Do Before Building a Helipad at SFGH:
1. The City/Hospital must analyze all "environmental impacts" of its helipad project under the CA Environmental Quality Act (CEQA)
2. If "significant" environmental impacts are found (by SFGH/ Planning Dept.) the City must propose measures to "mitigate" those impacts
3. The City will determine that their proposed mitigation measures will be successful, or
4. If significant environmental impacts cannot be mitigated, the City must find that the public interest and need for the project outweighs the impacts.
- The City will define problems that constitute "environmental" impacts narrowly (not including decreased access to health care, etc.)
- The City will define narrowly what problems rise to the level of "significant"
- All these choices/definitions must be formally challenged to be reviewed - the City's analyses and definitions are PRESUMED sufficient UNLESS formally challenged in writing.
The Process Required to Oppose the Helipad
1. The City must publish a draft environmental impact report (DEIR) showing their analyses, definitions and conclusions about significant environmental impacts and whether those impacts can be mitigated.
a. The City must hold public hearings in the neighborhoods affected
b. The City must compile all oral objections and support for the project.
2. All written opposition, especially about the City's technical and legal conclusions and analysis, must be submitted within 45 days after DEIR publication.
- NOT sufficient to sign a petition or speak at a hearing;
- ONLY written opposition will provide standing to appeal or sue
3. After the 45 day comment period on the DEIR closes, the City can take whatever time it likes to review comments and change or update its analysis/fix problems identified in the comments.
4. Whenever the City has "fixed" or updated its analysis it will publish a final environmental impact report (FEIR).
a. The FEIR will also have a more limited time to challenge its analysis or conclusions - either 20 or 30 days.
b. Only written comments/opposition will be sufficient to be able to appeal
c. After comments on the FEIR the City has discretion to update or fix yet again in a Supplemental EIR (called a SEIR or SFEIR)
5. When the City thinks its analysis is sufficient to answer opposing comments (and after the processes described above) the City will take its FEIR or SFEIR to the Planning Commission for a vote on its "sufficiency."
6. After providing at least a 10 day notice of consideration at one of its public meetings, the Planning Commission will hold a public hearing on the sufficiency of the FEIR.
a. Written comments are accepted.
b. Lobbying of Planning Commissioners is permissible.
c. Public comments will be limited to 2-3 minutes each.
d. Likely that the Planning Com'n will approve the FEIR's sufficiency
- Only if an opponent has submitted written opposition comments can an opponent appeal the Planning Com'n vote to the SF Board of Supervisors
- If no appeal is taken by people who have properly opposed, the EIR is deemed final and cannot be challenged further.
7. If an appeal is taken to the Board of Supervisors, the Board will vote on whether the Planning Com'n correctly determined that the FEIR is sufficient.
- The Board will set the timing of considering any appeal of the Planning Com'n vote.
- Lobbying supervisors is permissible.
- Written and oral comments will be taken by the Board.
8. If the Board confirms the Planning Com'n vote, only those who have properly objected during the Planning Com'n/administrative process can sue in court.
a. Formal written notice of intent to appeal the Board's vote must be given
b. Short deadlines for suing apply to any appeal of the Board's vote. |
|
|
|
|
|
|
|
|
