C2B-KS32 Flashcards
Knowledge of interrelationships among various regulatory agencies (e.g., sequence of approvals, hierarchy of jurisdictions).
Describe the CEQA Approval Process
- The Lead Agency — Local (typically the local Planning Department)
- The Lead Agency is responsible for interacting with and receiving comments/feedback from the Responsible Agencies or Commenting Agencies (we discussed these in Knowledge Statement #9). A Responsible Agency could be the Air Quality Management District or the Department of Fish and Game.
The Lead Agency — State Level
For State level review, the State Clearinghouse coordinates the state-level review of environmental documents that are prepared pursuant to the California Environmental Quality Act (CEQA).
-The State Clearinghouse is a division of the Governor’s Office of Planning and Research.
According to the Public Notice and Land Use Planning website, The Permit Streamlining Act is reminiscent of a flashing light. describe this
- It turns on when an application is submitted, off when accepted as complete and the environmental review (CEQA) process begins, and on again after the CEQA determination has been made .
- within 60 days of project found to be exempt or negative declaration is adopted
- decision (approve or deny) within 180 days of when EIR is certified for the project
The Permit Streamlining Act
- The Permit Streamlining Act requires public agencies to follow standardized time limits and procedures for specified types of land use decisions.
- Upon receipt of a project application containing a statement identifying the application as being for a “development permit,” an agency has 30 calendar days to notify the applicant, in writing, of whether or not the project application is complete enough for processing.
Hierarchy of Jurisdictions according to David
-I believe the hierarchy of federal, state, and local agencies is not clear and straightforward.
-I know some people believe state agencies take precedence over local agencies. There are too many factors involved including type of project, location of project, and the municipality involved to make a
blanket statement. I don’t think it is that black and white so I Will leave that decision up to you.
-Each project and the related agencies will have to be understood in order to develop a thorough understanding of priority agencies and jurisdictional authority. In any case, local regulations may not be more lenient than state regulations as local regulations need to comply with state law.
Sequence of Approvals
As discussed in the previous Knowledge Statement;
- Entitlement Phase
- Building & Safety Plan Check and other local agencies
- Building Permit issued ONLY AFTER ALL agencies have approved the project