Supervisor Scott Wiener's proposed legislation to create a statutory process for appeals to the Board of Supervisors under the California Environmental Quality Act should be approved by the board's land use committee and sent to the full board for approval. Contrary to what opponents claim, Wiener's legislation would neither affect environmental impact reports that are typically required for large projects nor would it amend CEQA itself because it's state law and can only be changed by the Legislature.
It's already difficult enough to construct projects in San Francisco. There are myriad permits, inspections, hearings, reports, and community meetings developers and project proponents must complete. Those who are smart enlist the support of local neighborhood groups before the process even begins, with the goal of preventing last-minute appeals that can stall a project.
But late last week, mere hours before the deadline, an appeal challenging the Dolores Park renovation plan was filed with the Planning Department. Dr. Claudia Praetel is concerned about what she claims is a "loss of open space for children" because the park plan calls for two off-leash dog play areas. The park, she said in her letter, is in "desperate need for open space for children to run and play in order to stem childhood obesity pandemic."
Really? There are plenty of other existing areas in the park that provide space for kids to run and play. A $1.5 million playground with all types of equipment opened last year. But more significantly for the process, there were many opportunities for Praetel to voice her concerns. In 2011, the San Francisco Recreation and Parks Department, Dolores Park Works, and hundreds of community members worked together in six extensive workshops, nine steering committee meetings, and over 30 committee meetings to create the best possible plan for rehabilitating Dolores Park. There have been additional meetings since then, including open houses where project staff sought public input on the proposed changes.
And now an individual can file an appeal that threatens to hold up a project that got started two years ago, and at the same time seeks to pit kids against dogs �" a lose-lose situation in San Francisco.
Wiener's legislation would prevent an individual from holding hostage a development project at the last minute after the lengthy approval process. His plan, which has been amended more than 30 times, would still provide robust public notice for proposed projects but would add clear timeframes for appeals. Most importantly, it would require that CEQA appeals be heard simultaneously with related project approvals instead of in separate, duplicative proceedings.
If Wiener's legislation had been in effect now, Praetel would have had to appeal to the Board of Supervisors within 30 days of the Recreation and Park Commission's approval of the project, since that was the first approval. This way the appeal would be handled before construction starts. As it stands now, the entire park project could be delayed.
Dolores Park is one of the most popular recreation areas in the city used by everyone. It's a shame that one person can threaten to bring a much-needed renovation project to a standstill at the last minute.
The board's land use committee delayed action on Wiener's plan at its meeting this week. It should approve it soon and send it to the full board.