C2B-KS32 Flashcards

Knowledge of interrelationships among various regulatory agencies (e.g., sequence of approvals, hierarchy of jurisdictions).

1
Q

Describe the CEQA Approval Process

A
  • 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.

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2
Q

According to the Public Notice and Land Use Planning website, The Permit Streamlining Act is reminiscent of a flashing light. describe this

A
  • 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
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3
Q

The Permit Streamlining Act

A
  • 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.
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4
Q

Hierarchy of Jurisdictions according to David

A

-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.

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5
Q

Sequence of Approvals

A

As discussed in the previous Knowledge Statement;

  1. Entitlement Phase
  2. Building & Safety Plan Check and other local agencies
  3. Building Permit issued ONLY AFTER ALL agencies have approved the project
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