Longtin’s LAND USE PROCEDURES & TIMELINES

1 Longtin sLAND USEPROCEDURES & TIMELINESABOUT THE AUTHORJ ames Longtin has been a land use lawyer for over 40 his public practice he was city attorney for Lompoc,Santa Maria, Thousand Oaks and La Quinta. His private prac-tice included representation of all sides to land use litigation,including landowners and developers, environmental andpreservationist groups, and public Longtin is the author of Longtin s California land Use, acomprehensive two-volume set of law and practice books. discontinued active law practice in 1996. However, hecontinues to study land use and to update Longtin s Cal LandUse annually. This is a free publication distributed byLocal Government Box 10087 Berkeley, CA 94709(800) 345-0899 For complete informationabout Longtin spublications,including an on-line land use library, Copyright 2005by James LongtinLAND USEPROCEDURES AND TIMELINESCONTENTSPageIntroduction and Scope .. 4 Project Application and Review.

2 Permit Streamlining Act (PSA). 4 PSA Meets CEQA .. 4 Applicability.. 4 Project Application .. 5 CEQA Review .. 5 Project Decision .. 5 Deemed Approved .. 5 Time Extensions .. 5 California Environmental Quality Act (CEQA).. 6In General .. 6 Exempt Projects.. 6 Initial Study.. 6 Negative Declaration (ND) .. 6 Environmental Impact Report (EIR) .. 7 Notice and Hearing PROCEDURES .. 9 Due Process .. 9 Notice .. 9 Hearing .. 9 Time Limits. Procedural Defects. Litigation .. 10 Time Limits. Extensions .. 10 Effect of Procedural Defects .. 10 Deadlines for Legal Challenge .. 10 Expediting Litigation .. 11 DIAGRAMSFlow Chart and TIMELINES .. 2 Chart of PROCEDURES for Specified Activities .. 12 ABBREVIATIONSCCP .. Code of Civil ProcedureLongtin s .. Longtin s California CEQA .. California Environmental Quality ActLand Use, legal textEIR .. Environmental Impact ReportND .. Negative DeclarationGovC .. Government CodePRC .. Public Resources CodeGuidelines.

3 CEQA Guidelines /PSA .. Permit Streamlining Act14 Cal. Code of RegulationsSMA.. Subdivision Map Act12 COMPLETEDAPPLICATIOND etermine Completionof appli-cation within 30 days of submittalor notify applicant if as complete starts timeperiods for environmental 65943, Guidelines 15060,15101, Longtin s , STUDYto determine whetherND or EIR, within 30 days; mutual 15-dayextension. PRC , , ,Guidelines 15063, DECLARATIONmay be adopted if no substantial evidence of significant impact or impact 15070, Longtin s of Intent to Adopt NDwithsufficient time to allow review. Post, mailand publish. Guidelines and Consultation Periodat least 20 days. Guidelines Guidelines 15074(b).Adoption of NDwithin 180 days ofcomplete application. Guidelines of Determination of NDfiled andposted within 5 days of project 30-day timelimit to challenge ND. Guidelines PROJECTSNot subject to further 21080(b), Guidelines 15061,15260 et 15300 et seq.,Longtin s et approve/disapprove projectwithin 60 days.

4 GovC 65950(a).Notice of Exemptionfiling triggers 35-day time limit forchallenge. PRC 21152 and21167, Guidelines CHART AND TIME-NO CEQAREVIEWNO EIR REQUIREDND ADOPTED3 ENVIRONMENTALIMPACT REPORTEIR Requiredwhen project may havesignificant s of Preparationsent to other agen-cies for scope and content response within30 days. Guidelines 15082 and EIRprepared by agency. Guidelines15084. For content, see Longtin s of Completion filed with specifiedagencies. Guidelines of , mail andpublish. Guidelines Review/Agency Consultationfor minimum 30 days. Guidelines 15087, and Responsesin final 15088and ConsiderationStatement for approvals with significanteffect. Guidelines 15091, EIR Certificationwithin 1 year ofcompleted application. 90-day of Determinationfiled and postedwithin 5 days. Guidelines 15094. Triggers30-day limit for CEQA challenge. Guide-lines DECISIONIf EIR Certified,agency must ap-prove or deny within 180 days (90days if low-income housing) GovC65950.

5 Less for subdivision mapsGovC Guidelines deemed approved if no actionwithin time limits. GovC DECISIONIf Project Exempt or ND Adopt-ed, agency must approve/disap-prove within 60 days. GovC approved if no actionwithin time limits. GovC CEQA AND PSALAND USEPROCEDURES AND TIMELINES4 land USEPROCEDURES AND TIMELINESI ntroduction and every land use project requiresboth application and decision pursuant to the Permit Stream-lining Act (PSA) and environmental review under the CaliforniaEnvironmental Quality Act (CEQA). Also, notice and hearingrequirements are established by other laws. This proceduralintersection can be complex and booklet contains a digest of the requirements and time-lines for notice, review, decision and legal challenge for land useprojects in California. It includes a flow chart, diagram andexplanatory text, with liberal reference to authoritative not comprehensive because of size limitations, thebooklet covers areas most useful for most permit APPLICATION AND REVIEWPERMIT STREAMLINING ACT (PSA)PSA Meets CEQA: The Permit Streamlining Act (PSA)(GovC 65920 et s ) requires agen-cies to follow standardized PROCEDURES and strict time deadlinesfor application, review and approval of development PSA and CEQA work together like on/off lights.

6 When appli-cation submitted, PSA turns on; when application completed,PSA turns off and CEQA turns on for environmental review;then CEQA turns off when review complete and PSA turns onagain through project : PSA applies to development projects, whichinclude all adjudicatory approvals such as subdivision maps andmost discretionary development permits. It does not apply to min-isterialactions such as building permits, lot line adjustments, andcertificates of compliance. Nor does it apply to legislative actions,such as general plan or zoning changes. Longtin s PSADECISION PSAENVIRONMENTAL REVIEW CEQA5 PROJECT APPLICATION AND REVIEWPERMIT STREAMLINING ACT (PSA)Project Application: Agency specifies information requiredfrom applicant for development project. GovC 65940, receipt of application, agency has 30 days to determineand notify applicant whether application is complete for pro-cessing. If incomplete, resubmittal starts new 30-day reviewperiod.

7 If agency fails to notify applicant of completion statuswithin 30-day period, application is deemed complete. A com-pleted application starts clock for agency review and 65943, Longtin s Review: Once application is complete, agency proceedswith CEQA process, making determinations on exemptions, neg-ative declaration, or EIR certification, all within specified timeperiods. See CEQA, p. Decision: Following CEQA review and determina-tion, PSA again becomes active, with strict time limits for pro-ject decision. After EIR certified, agency must approve or denyproject within 180 days from date of certification. If low-incomehousing project, time shortened to 90 days. If project exempt fromCEQA or if negative declaration adopted, agency must approveor deny within 60 days from determination. GovC Approvals: Time limits for approval of tenta-tive subdivision maps (50 days for advisory agency/40+ days forappeal) may be shorter and must be followed (Gov , , , ).

8 For CEQA reconciliation with shorttime limits for approval, see Guidelines Approved:If no action is taken on project withinspecified time limits, project is deemed approved, but only ifrequirements for public notice and review are satisfied. Optionsavailable to applicant to ensure notice compliance. GovC 65956(b), Longtin s Extensions: PSA time limits for project decision maybe extended once, by mutual agreement, not to exceed 90 there has been an extension under CEQA (seep. 10), to complete and certify an EIR, project must be decidedwithin 90 days of certification. GovC USEPROCEDURES AND TIMELINES6 CALIFORNIA ENVIRONMENTAL QUALITYACT (CEQA)In GeneralCEQA (PRC 21000 et seq.) is a procedural statute designed toinform decision makers and the public about potential environ-mental effects of proposed land use activities. A major challengefor practitioners is compliance with the various notice, con-sultation and review periods required by CEQA and its Guide-lines.

9 CEQA works together with the PSA by commencing itsenvironmental review after project application is complete. AfterCEQA review, the PSA controls again through project upon the type of project and its potential for environ-mental impact, CEQA review may follow one of three courses:(a) exemption; (b) negative declaration (ND); or (c) environmentalimpact report (EIR).Exempt ProjectsCEQA and its Guidelines exempt many types of activities from its requirements. See PRC 21080 , Guidelines 15061, 15062, 15260 et seq., 15300 et Longtin s project exempt, agency must approve or disapprove within60 days. GovC 65950(a). Upon approving exempt project, agencyor applicant mayfile notice of exemption, which triggers 35-daystatute to challenge exemption determination. If notice not filed,time to challenge is 180 days from project approval. PRC 21152,21167, Guidelines 15062, StudyAn initial study, including consultations with applicant andother agencies, determines whether to prepare an ND or EIR.

10 PRC , Guidelines 15063(g). Agency must decidewithin 30 days. May be extended 15 days by mutual consent. PRC See Guidelines 15063, Declaration (ND)ND may be adopted when no substantial evidence that projectmay have significant effect. For projects where significant effect7 CALIFORNIA ENVIRONMENTAL QUALITYACT (CEQA)identified, but mitigation measures reduce effect to insignificant,mitigated ND may be adopted. PRC 21080(c), Guidelines 15070,Longtin s :For minimum required, see Guidelines of Intent to Adopt NDmust be posted for 20/30 daysand mailed to specified agencies and persons. PRC 21092, , Guidelines and Consultation Period, for agencies and public, atleast 20 days. Review period extended when ND sent to stateclearinghouse. PRC 21091, , Guidelines 15073, during review period must be 21091(d), Guidelines 15074(b). Unlike EIR, commentsnot required to be attached to ND nor must lead agency NDrequires recirculation.