(California Government Code)
TITLE 7. PLANNING AND LAND USE
DIVISION 1. PLANNING AND ZONING
Chapter 4.5. Review and Approval of Development Projects
Article 1. General Provisions
65920. Notwithstanding any other provision of law, the
provisions of this chapter shall apply to all public
agencies to the extent
specified in this chapter, except that the time limits
specified in Division 2 (commencing with Section 66410)
of Title 7 shall
not be extended by operation of this chapter.
(Amended by Stats. 1982, Ch. 87. Effective March 1,
1982.)
65921. The Legislature finds and declares that there
is a statewide need to ensure clear understanding of
the specific requirements
which must be met in connection with the approval of
development projects and to expedite decisions on such
projects.
Consequently, the provisions of this chapter shall be
applicable to all public agencies, including charter
cities.
(Added by Stats. 1977, Ch. 1200.)
65922. The provisions of this chapter shall not apply
to the following:
(a) Activities of the State Energy Resources Development
and Conservation Commission established pursuant to
Division
15 (commencing with Section 25000) of the Public Resources
Code.
(b) Administrative appeals within a state or local agency
or to a state or local agency.
(Amended by Stats. 1982, Ch. 87. Effective March 1,
1982.)
65922.1. During a year declared by the State Water Resources
Control Board or the Department of Water Resources
to be a
critically dry year, or during a drought emergency declared
by the Governor pursuant to Chapter 7 (commencing with
Section
8550) of Division 1 of Title 2, the time limits established
by this chapter shall not apply to applications to
appropriate water
pursuant to Part 2 (commencing with Section 1200) of
Division 2 of, to petitions for change pursuant to
Chapter 10
(commencing with Section 1700) of Part 2 of Division
2 of, or to petitions for certification pursuant to
Section 13160 of, the
Water Code for projects involving the diversion or use
of water.
(Added by Stats. 1991, Ch. 12 of extraordinary session.
Effective October 9, 1991.)
65922.3. The Office of Permit Assistance is hereby created
in the Office of Planning and Research. The office
succeeds to, and is
vested with, all of the duties, purposes, and responsibilities
required to be performed by the Office of Planning
and Research
pursuant to former Article 6 (commencing with Section
65050) of Chapter 1.5 of Division 1 of Title 7 of the
Government
Code. The office shall develop guidelines to provide
technical assistance to counties and cities in establishing
and operating an
expedited development permit process. The guidelines
shall include, but not be limited to, all of the following
elements of a
local permit process:
(a) A central contact point with a public agency where
all permit applications can be filed and information
on all permit
requirements can be obtained.
(b) A referral process to (1) refer the applicant to
the appropriate functional area for resolution of problems
and fulfillment
of requirements, (2) refer the applicant to cities within
the county in whose sphere of influence the proposed
project lies for
review, comment, or imposition of condition permits,
(3) assign an individual from the local government
to be responsible for
guiding the application through all local permit bodies,
or (4) include any combination of the above.
(c) A master permit document which covers permits for
all functional areas and which could be used for obtaining
the
approvals of the various functional areas.
(d) A method of tracking progress on various permit
applications, which may include identifying a staff
person responsible
for monitoring permits.
(e) A determination as to completeness of the master
permit document upon its submission and a written statement
of
specific information that is missing, if any.
(f) Timetables for action on individual permits.
(g) An expedited appeal process to assure fair treatment
to the applicant using existing agencies, staffs, commissions
or
boards, where possible.
(h) A variety of administrative mechanisms that will
describe the least costly approaches for implementation
in a variety of
local circumstances.
In developing the guidelines, local variations in population
rate of growth, types of proposed development projects,
geography and differences in local government structure
shall be recognized.
(Added by Stats. 1983, Ch. 1263.)
65922.5. The guidelines established by the Office of
Permit Assistance pursuant to Section 65922.3 shall
be advisory in nature
and in no way shall they constitute a mandate upon cities
and counties to take any of the actions contained therein.
(Added by Stats. 1983, Ch. 1263.)
65922.7. Subject to the availability of funds appropriated
therefor, the Office of Permit Assistance shall provide
technical
assistance and grants-in-aid to assist counties and
cities in establishing an expedited permit process
pursuant to Section
65922.3. Any city or county receiving such a grant shall
enact an expedited permit process within 10 months
of the date of
receipt. Nothing in this section or Section 65922.3
shall in any way preclude a county or city from establishing
an expedited
permit process pursuant to a procedure established solely
by that county or city. If the office has adopted guidelines
pursuant to
Section 65922.3 and a county or city has established
an expedited permit process pursuant to its own procedures,
in all cases
the process established by the city or county shall
prevail over conflicting provisions of the guidelines.
(Added by Stats. 1983, Ch. 1263.)
65923. The Office of Permit Assistance shall provide
information to developers explaining the permit approval
process at the
state and local level. The office shall ensure that
all state agencies comply with applicable requirements
of this chapter.
(Amended by Stats. 1983, Ch. 1263.)
65923.5. (a) The Office of Permit Assistance may call
a conference of parties to resolve questions or mediate
disputes arising
from permit applications on any proposed development
project.
(b) The office shall assist state and local agencies
in an attempt to streamline the permit approval process
at the state and
local level.
(c) The office shall provide information to developers
to assist them in meeting the requirements of the California
Environmental Quality Act, Division 13 (commencing with
Section 21000) of the Public Resources Code.
(Amended by Stats. 1983, Ch. 1263.)
65923.8. Any state agency which is the lead agency for
a development project shall inform the applicant for
a permit that the
Office of Permit Assistance has been created in the
Office of Planning and Research to assist, and provide
information to,
developers relating to the permit approval process.
(Added by Stats. 1983, Ch. 1263.)
65924. With respect to any development project an application
for which has been accepted as complete prior to January
1, 1978,
the deadlines specified in Sections 65950 and 65952
shall be measured from January 1, 1978. With respect
to such application
received prior to January 1, 1978, but not determined
to be complete as of that date, a determination that
the application is
complete or incomplete shall be made not later than
60 days after the effective date of the act amending
this section in 1978.
(Amended by Stats. 1978, Ch. 1113. Effective September
26, 1978.)
Article 2. Definitions
65925. Unless the context otherwise requires, the definitions
in this article govern the construction of this chapter.
(Added by Stats. 1977, Ch. 1200.)
65926. "Air pollution control district" means
any district created or continued in existence pursuant
to the provisions of Part 3
(commencing with Section 40000) of Division 26 of the
Health and Safety Code.
(Added by Stats. 1977, Ch. 1200.)
65927. "Development" means, on land, in or
under water, the placement or erection of any solid
material or structure; discharge
or disposal of any dredged material or of any gaseous,
liquid, solid, or thermal waste; grading, removing,
dredging, mining, or
extraction of any materials; change in the density or
intensity of use of land, including, but not limited
to, subdivision pursuant
to the Subdivision Map Act (commencing with Section
66410 of the Government Code), and any other division
of land except
where the land division is brought about in connection
with the purchase of such land by a public agency for
public
recreational use; change in the intensity of use of
water, or of access thereto; construction, reconstruction,
demolition, or
alteration of the size of any structure, including any
facility of any private, public, or municipal utility;
and the removal or
harvesting of major vegetation other than for agricultural
purposes, kelp harvesting, and timber operations which
are in
accordance with a timber harvesting plan submitted pursuant
to the provisions of the Z'berg-Nejedly Forest Practice
Act of
1973 (commencing with Section 4511 of the Public Resources
Code).
As used in this section, "structure" includes,
but is not limited to, any building, road, pipe, flume,
conduit, siphon, aqueduct,
telephone line, and electrical power transmission and
distribution line.
Nothing in this section shall be construed to subject
the approval or disapproval of final subdivision maps
to the provisions
of this chapter.
"Development" does not mean a "change
of organization", as defined in Section 56021,
or a "reorganization", as defined in
Section 56073.
(Amended by Stats. 1978, Ch. 1113. Effective September
26, 1978; Amended by Stats. 1986, Ch. 688; Amended
by Stats.
1992, Ch. 1003.)
65928. "Development project" means any project
undertaken for the purpose of development. "Development
project" includes a
project involving the issuance of a permit for construction
or reconstruction but not a permit to operate. "Development
project"
does not include any ministerial projects proposed to
be carried out or approved by public agencies.
(Amended by Stats. 1978, Ch. 1113. Effective September
26, 1978.)
65928.5. "Geothermal field development project"
means a development project as defined in Section 65928
which is composed
of geothermal wells, resource transportation lines,
production equipment, roads, and other facilities which
are necessary to
supply geothermal energy to any particular heat utilization
equipment for its productive life, all within an area
delineated by
the applicant.
(Added by Stats. 1978, Ch. 1271.)
65929. "Lead agency" means the public agency which has the principal responsibility for carrying out or approving a project. (Added by Stats. 1977, Ch. 1200.)
65930. "Local agency" means any public agency
other than a state agency. For purposes of this chapter,
a redevelopment agency
is a local agency and is not a state agency.
(Amended by Stats. 1978, Ch. 1113. Effective September
26, 1978.)
65931. "Project" means any activity involving
the issuance to a person of a lease, permit, license,
certificate, or other entitlement
for use by one or more public agencies.
(Added by Stats. 1977, Ch. 1200.)
65932. "Public agency" means any state agency,
any county, city and county, city, regional agency,
public district,
redevelopment agency, or other political subdivision.
(Added by Stats. 1977, Ch. 1200.)
65933. "Responsible agency" means a public
agency, other than the lead agency, which has responsibility
for carrying out or
approving a project.
(Added by Stats. 1977, Ch. 1200.)
65934. "State agency" means any agency, board,
or commission of state government. For all purposes
of this chapter, the term
"state agency" shall include an air pollution
control district.
(Added by Stats. 1977, Ch. 1200.)
Article 3. Applications for Development Projects
65940. Each state agency and each local agency shall
compile one or more lists which shall specify in detail
the information that
will be required from any applicant for a development
project. The list or lists may include the consolidated
project
information form developed pursuant to Section 65946.
Each local agency shall revise the list of information
required from an
applicant to include a certification of compliance with
Section 65962.5, and the statement of application required
by Section
65943. Copies of the information, including the statement
of application required by Section 65943, shall be
made available to
all applicants for development projects and to any person
who requests the information.
(Amended by Stats. 1982, Ch. 84; Amended by Stats. 1986,
Ch. 1048 and Ch. 1019; Amended by Stats. 1987, Ch.
985;
Amended by Stats. 1992, Ch. 1200.)
65940.5. (a) No list compiled pursuant to Section 65940
shall include a waiver of the time periods prescribed
by this chapter
within which a state or local agency shall act upon
an application for a development project.
(b) No application shall be deemed incomplete for lack
of a waiver of time periods prescribed by this chapter
within which a
state or local government agency shall act upon the
application.
(c) Except for the waiver of the time limits pursuant
to Sections 65950.1 and 65951, no public agency shall
require a waiver
of the time limits contained in this chapter as a condition
of accepting or processing the application for a development
project.
(Added by Stats. 1986, Ch. 396; Amended by Stats. 1993,
Ch. 1068.)
65941. (a) The information compiled pursuant to Section
65940 shall also indicate the criteria which the agency
will apply in
order to determine the completeness of any application
submitted to it for a development project.
(b) If a public agency is a lead or responsible agency
for purposes of the California Environmental Quality
Act, Division 13
(commencing with Section 21000) of the Public Resources
Code, that criteria shall not require the applicant
to submit the
informational equivalent of an environmental impact
report as part of a complete application, or to otherwise
require proof of
compliance with that act as a prerequisite to a permit
application being deemed complete. However, that criteria
may require
sufficient information to permit the agency to make
the determination required by Section 21080.1 of the
Public Resources
Code.
(c) Consistent with this chapter, a responsible agency
shall, at the request for the applicant, commence processing
a permit
application for a development project prior to final
action on the project by a lead agency to the extent
that the information
necessary to commence the processing is available. For
purposes of this subdivision, "lead agency"
and "responsible agency"
shall have the same meaning as those terms are defined
in Section 21067 of the Public Resources Code and Section
21069 of
the Public Resources Code, respectively.
(Amended by Stats. 1978, Ch. 1113. Effective September
26, 1978; Amended by Stats 1993, Ch. 1131.)
65941.5. Each public agency shall notify applicants
for development permits of the time limits established
for the review and
approval of development permits pursuant to Article
3 (commencing with Section 65940) and Article 5(commencing
with
Section 65950), of the requirements of subdivision (e)
of Section 65962.5, and of the public notice distribution
requirements
under applicable provisions of law. The public agency
shall also notify applicants regarding the provisions
of Section 65961.
The public agency may charge applicants a reasonable
fee not to exceed the amount reasonably necessary to
provide the
service required by this section. If a fee is charged
pursuant to this section, the fee shall be collected
as part of the application
fee charged for the development permit.
(Added by Stats. 1983, Ch. 1263; Amended by Stats. 1987,
Ch. 985.)
65942. The information and the criteria specified in
Sections 65940, 65941, 65941.5 shall be revised as
needed so that they shall
be current and accurate at all times. Any revisions
shall apply prospectively only and shall not be a basis
for determining that
an application is not complete pursuant to Section 65943
if the application was received before the revision
is effective except
for revisions for the following reasons resulting from
the conditions which were not known and could not have
been known by
the public agency at the time the application was received:
(a) To provide sufficient information to permit the
public agency to make the determination required by
Section 21000.1 of
the Public Resources Code, as provided by Section 65941.
(b) To comply with the enactment of new or revised federal,
state, or local requirements, except for new or revised
requirements of a local agency which is also the lead
agency.
(Amended by Stats. 1983, Ch. 1263; Amended by Stats.
1987, Ch. 802 and Ch. 803.)
65943. (a) Not later than 30 calendar days after any
public agency has received an application for a development
project, the
agency shall determine in writing whether the application
is complete and shall immediately transmit the determination
to the
applicant for the development project. If the written
determination is not made within 30 days after receipt
of the application,
and the application includes a statement that it is
an application for a development permit, the application
shall be deemed
complete for purposes of this chapter. Upon receipt
of any resubmittal of the application, a new 30-day
period shall begin,
during which the public agency shall determine the completeness
of the application. If the application is determined
not to be
complete, the agency's determination shall specify those
parts of the application which are incomplete and shall
indicate the
manner in which they can be made complete, including
a list and thorough description of the specific information
needed to
complete the application. The applicant shall submit
materials to the public agency in response to the list
and description.
(b) Not later than 30 calendar days after receipt of
the submitted materials, the public agency shall determine
in writing
whether they are complete and shall immediately transmit
that determination to the applicant. If the written
determination is
not made within that 30-day period, the application
together with the submitted materials shall be deemed
complete for
purposes of this chapter.
(c) If the application together with the submitted materials
are determined not to be complete pursuant to subdivision
(b), the
public agency shall provide a process for the applicant
to appeal that decision in writing to the governing
body of the agency
or, if there is no governing body, to the director of
the agency, as provided by that agency. A city or county
shall provide that
the right of appeal is to the governing body or, at
their option, the planning commission, or both.
There shall be a final written determination by the
agency on the appeal not later than 60 calendar days
after receipt of the
applicant's written appeal. The fact that an appeal
is permitted to both the planning commission and to
the governing body does
not extend the 60-day period. Notwithstanding a decision
pursuant to subdivision (b) that the application and
submitted
materials are not complete, if the final written determination
on the appeal is not made within that 60-day period,
the
application with the submitted materials shall be deemed
complete for the purposes of this chapter.
(d) Nothing in this section precludes an applicant and
a public agency from mutually agreeing to an extension
of any time
limit provided by this section.
(e) A public agency may charge applicants a fee not
to exceed the amount reasonably necessary to provide
the service
required by this section. If a fee is charged pursuant
to this section, the fee shall be collected as part
of the application fee
charged for the development permit.
(Amended by Stats. 1979, Ch. 1207. Effective October
2, 1979; Amended by Stats. 1984, Ch. 1723. Operative
July 1, 1985;
Amended by Stats. 1987, Ch.1985; Amended by Stats. 1989,
Ch. 612.)
65943.5. (a) Notwithstanding any other provision of
this chapter, any appeal pursuant to subdivision (c)
of Section 65943
involving a permit application to a board, office, or
department within the California Environmental Protection
Agency shall
be made to the Secretary for Environmental Protection.
(b) Notwithstanding any other provision of this chapter,
any appeal pursuant to subdivision (c) of Section 65943
involving
an application for the issuance of an environmental
permit from an environmental agency shall be made to
the Secretary for
Environmental Protection under either of the following
circumstances:
(1) The environmental agency has not adopted an appeals
process pursuant to subdivision (c) of Section 65943.
(2) The environmental agency declines to accept an appeal
for a decision pursuant to subdivision (c) of Section
65943.
(c) For purposes of subdivision (b), "environmental
permit" has the same meaning as defined in Section
71012 of the Public
Resources Code, and "environmental agency"
has the same meaning as defined in Section 71011 of
the Public Resources
Code, except that "environmental agency" does
not include the agencies described in subdivisions
(c) and (h) of Section 71011
of the Public Resources Code.
(Added by Stats. 1993, Ch. 419.)
65944. (a) After a public agency accepts an application
as complete, the agency shall not subsequently request
of an applicant
any new or additional information which was not specified
in the list prepared pursuant to Section 65940. The
agency may, in
the course of processing the application, request the
applicant to clarify, amplify, correct, or otherwise
supplement the
information required for the application.
(b) The provisions of subdivision (a) shall not be construed
as requiring an applicant to submit with his or her
initial
application the entirety of the information which a
public agency may require in order to take final action
on the application.
Prior to accepting an application, each public agency
shall inform the applicant of any information included
in the list prepared
pursuant to Section 65940 which will subsequently be
required from the applicant in order to complete final
action on the
application.
(c) This section shall not be construed as limiting
the ability of a public agency to request and obtain
information which may
be needed in order to comply with the provisions of
Division 13 (commencing with Section 21000) of the
Public Resources
Code.
(Amended by Stats. 1982, Ch. 84.)
65945. (a) At the time of filing an application for
a development permit with a city or county, the city
or county shall inform the
applicant that he or she may make a written request
to receive notice from the city or county of a proposal
to adopt or amend
any of the following plans or ordinances:
(1) A general plan.
(2) A specific plan.
(3) A zoning ordinance.
(4) An ordinance affecting building permits or grading
permits.
The applicant shall specify, in the written request,
the types of proposed action for which notice is requested.
Prior to taking
any of those actions, the city or county shall give
notice to any applicant who has requested notice of
the type of action
proposed and whose development project is pending before
the city or county if the city or county determines
that the
proposal is reasonably related to the applicant's request
for the development permit. Notice shall be given only
for those types
of actions which the applicant specifies in the request
for notification.
The city or county may charge the applicant for a development
permit, to whom notice is provided pursuant to this
subdivision, a reasonable fee not to exceed the actual
cost of providing that notice. If a fee is charged
pursuant to this
subdivision, the fee shall be collected as part of the
application fee charged for the development permit.
(b) As an alternative to the notification procedure
prescribed by subdivision (a), a city or county may
inform the applicant at
the time of filing an application for a development
permit that he or she may subscribe to a periodically
updated notice or set
of notices from the city or county which lists pending
proposals to adopt or amend any of the plans or ordinances
specified in
subdivision (a), together with the status of the proposal
and the date of any hearings thereon which have been
set.
Only those proposals which are general, as opposed to
parcel-specific in nature, and which the city or county
determines are
reasonably related to requests for development permits,
need be listed in the notice. No proposals shall be
required to be listed
until such time as the first public hearing thereon
has been set. The notice shall be updated and mailed
at least once every six
weeks; except that a notice need not be updated and
mailed until a change in its contents is required.
The city or county may charge the applicant for a development
permit, to whom notice is provided pursuant to this
subdivision, a reasonable fee not to exceed the actual
cost of providing that notice, including the costs
of updating the notice,
for the length of time the applicant requests to be
sent the notice or notices.
(Added by Stats. 1983, Ch. 1263.)
65945.3. At the time of filing an application for a
development permit with a local agency, other than
a city or county, the local
agency shall inform the applicant that he or she may
make a written request to receive notice of any proposal
to adopt or
amend a rule or regulation affecting the issuance of
development permits.
Prior to adopting or amending any such rule or regulation,
the local agency shall give notice to any applicant
who has
requested such notice and whose development project
is pending before the agency if the local agency determines
that the
proposal is reasonably related to the applicant's request
for the development permit.
The local agency may charge the applicant for a development
permit, to whom notice is provided pursuant to this
section, a
reasonable fee not to exceed the actual cost of providing
that notice. If a fee is charged pursuant to this section,
the fee shall be
collected as part of the application fee charged for
the development permit.
(Added by Stats. 1983, Ch. 1263.)
65945.5. At the time of filing an application for a
development permit with a state agency, the state agency
shall inform the
applicant that he or she may make a written request
to receive notice of any proposal to adopt or amend
a regulation affecting
the issuance of development permits and which implements
a statutory provision.
Prior to adopting or amending any such regulation, the
state agency shall give notice to any applicant who
has requested
such notice and whose development project is pending
before the state agency if the state agency determines
that the proposal
is reasonably related to the applicant's request for
the development permit.
(Added by Stats. 1983, Ch. 1263.)
65945.7. No action, inaction, or recommendation regarding
any ordinance, rule, or 65945.3, or 65945.5 by any
legislative body,
administrative body, or the officials of any state or
local agency shall be held void or invalid or be set
aside by any court on the
ground of any error, irregularity, informality, neglect
or omission (hereinafter called "error")
as to any matter pertaining to
notices, records, determinations, publications or any
matters of procedure whatever, unless after an examination
of the entire
case, including evidence, the court shall be of the
opinion that the error complained of was prejudicial,
and that by reason of
such error the party complaining or appealing sustained
and suffered substantial injury, and that a different
result would have
been probable if such error had not occurred or existed.
There shall be no presumption that error is prejudicial
or that injury
was done if error is shown.
(Added by Stats. 1983, Ch. 1263.)
65946. (a) The Office of Planning and Research, in consultation
with the Resources Agency, and the Environmental Protection
Agency, shall develop a consolidated project information
form which may be used by applicants for development
projects.
This form shall provide for sufficient information to
allow state agencies to determine whether or not the
project will be
subject to the requirement for a permit from the agency.
(b) Applicants for development projects may submit the
form provided by subdivision (a) to the Office of Planning
and
Research for distribution to state agencies which have
permit responsibilities for development projects. The
Office of Planning
and Research shall send copies of the form to such agencies
within three days of receipt.
(c) Within 30 days of receipt of the form, each agency
shall notify the Office of Planning and Research in
writing whether or
not a permit from that agency may be required and it
shall send the Office of Planning and Research the
appropriate permit
application forms.
(d) Within 15 days of receipt of the completed form
from such agencies, the Office of Planning and Research
shall notify the
applicant for a development project in writing of any
permits required for the project specified, and it
shall send the applicant
the appropriate permit application forms received from
the state agencies.
(e) The Office of Planning and Research, in consultation
with the Resources Agency, and the Environmental Protection
Agency, shall develop a consolidated project application
form which may be used by applicants for development
projects. The
application form shall contain sufficient information
to allow state agencies, departments, commissions,
boards, and other
administrative divisions within the agencies, to act
on a permit for the project.
(f) Each state agency may develop an agency consolidated
project application form which may be used by applicants
for
development projects. The application form shall contain
sufficient information to allow the agency and any
department,
commission, board, and other administrative division
within that agency to act on a permit.
(g) The Office of Planning and Research may charge an
applicant for a development project a fee not to exceed
the
estimated reasonable cost of providing the services
performed pursuant to this section. Before levying
or changing a fee, the
Office of Planning and Research shall adopt or amend
regulations pursuant to the Administrative Procedures
Act, Chapter 3.5
(commencing with Section 11340) of Part 1 of Division
3 of Title 2. The Office of Planning and Research shall
make available
to the public upon request data indicating the amount
of cost, or estimated cost, required to provide the
service and the revenue
sources anticipated to provide the service, including
general or special fund revenues.
(Added by Stats. 1983, Ch. 827; Amended by Stats. 1992,
Ch. 1200.)
Article 5. Approval of Development Permits
65950. Any public agency that is the lead agency for
a development project for which an environmental impact
report is prepared
pursuant to Section 21100 or 21151 of the Public Resources
Code shall approve or disapprove the project within
six months
from the date of certification by the lead agency of
the environmental impact report. If a negative declaration
is adopted or if
the project is exempt from Division 13 (commencing with
Section 21000) of the Public Resources Code, the development
project shall be approved or disapproved within three
months from the date of adoption of a negative declaration,
or the
determination by the lead agency that the project is
exempt from the requirements of Division 13 (commencing
with Section
21000) of the Public Resources Code, unless the project
proponent requests an extension of the time limit.
As specified in
Sections 21100.2 and 21151.5 of the Public Resources
Code, the period specified in those sections shall
also begin on that
date.
(Amended by Stats. 1983. Operative January 1, 1990;
Amended by Stats. 1989, Ch. 847; Amended by Stats.
1993, Ch.
1068.)
65950.1. Notwithstanding Section 65950, if there has
been an extension of time pursuant to Section 21100.2
or 21151.5 of the
Public Resources Code to complete and certify the environmental
impact report, the lead agency shall approve or disapprove
the project within 90 days after certification of the
environmental impact report.
(Added by Stats. 1983, Ch. 1240.)
65951. In the event that a combined environmental impact
report-environmental impact statement is being prepared
on a
development project pursuant to Section 21083.6 of the
Public Resources Code, a lead agency may waive the
time limits
established in Section 65950. In any event, such lead
agency shall approve or disapprove such project within
60 days after the
combined environmental impact report-environmental impact
statement has been completed and adopted.
(Added by Stats. 1977, Ch. 1200.)
65952. (a) Any public agency which is a responsible
agency for a development project that has been approved
by the lead agency
shall approve or disapprove the development project
within whichever of the following periods of time is
longer:
(1) Within 180 days from the date on which the lead
agency has approved the project.
(2) Within 180 days of the date on which the completed
application for the development project has been received
and
accepted as complete by that responsible agency.
(b) At the time a decision by a lead agency to disapprove
a development project becomes final, applications for
that project
which are filed with responsible agencies shall be deemed
withdrawn.
(Added by Stats. 1977, Ch. 1200; Amended by Stats. 1988,
Ch. 1187.)
65952.1. (a) Except as otherwise provided in subdivision
(b), where a development project consists of a subdivision
pursuant to
the Subdivision Map Act (Division 2 (commencing with
Section 66410) of Title 7), the time limits established
by Sections
65950 and 65952 shall apply to the approval or disapproval
of the tentative map, or the parcel map for which a
tentative map is
not required.
(b) The time limits specified in Sections 66452.1, 66452.2,
and 66463 for tentative maps and parcel maps for which
a
tentative map is not required, shall continue to apply
and are not extended by the time limits specified in
subdivision (a).
(Added by Stats. 1982, Ch. 87. Effective March 1, 1982;
Amended by Stats. 1989, Ch. 847.)
65952.2.No public agency shall disapprove an application
for a development project in order to comply with the
time limits
specified in this chapter. Any disapproval of an application
for a development project shall specify reasons for
disapproval
other than the failure to timely act in accordance with
the time limits specified in this chapter.
(Added by Stats. 1993, Ch. 1068.)
65953. All time limits specified in this article are
maximum time limits for approving or disapproving development
projects. All
public agencies shall, if possible, approve or disapprove
development projects in shorter periods of time.
(Added by Stats. 1977, Ch. 1200.)
65954. The time limits established by this article shall
not apply in the event that federal statutes or regulations
require time
schedules which exceed such time limits.
(Added by Stats. 1977, Ch. 1200.)
65955. The time limits established by this article shall
not apply to applications to appropriate water where
such applications
have been protested pursuant to Chapter 4 (commencing
with Section 1330) of Part 2 of Division 2 of the Water
Code, or to
petitions for changes pursuant to Chapter 10 (commencing
with Section 1700) of Part 2 of Division 2 of the Water
Code.
(Amended by Stats. 1978, Ch. 1113. Effective September
26, 1978.)
65956. (a) If any provision of law requires the lead
agency or responsible agency to provide public notice
of the development
project or to hold a public hearing, or both, on the
development project and the agency has not provided
the public notice or
held the hearing, or both, at least 60 days prior to
the expiration of the time limits established by Sections
65950 and 65952,
the applicant or his or her representative may file
an action pursuant to Section 1085 of the Code of Civil
Procedure to compel
the agency to provide the public notice or hold the
hearing, or both, and the court shall give the proceedings
preference over all
other civil actions or proceedings, except older matters
of the same character.
(b) In the event that a lead agency or a responsible
agency fails to act to approve or to disapprove a development
project
within the time limits required by this article, the
failure to act shall be deemed approval of the permit
application for the
development project. However, the permit shall be deemed
approved only if the public notice required by law
has occurred. If
the applicant has provided seven days advance notice
to the permitting agency of the intent to provide public
notice, then no
earlier than 60 days from the expiration of the time
limits established by Sections 65950 and 65952, an
applicant may provide
the required public notice using the distribution information
provided pursuant to Section 65941.5. If the applicant
chooses to
provide public notice, that notice shall include a description
of the proposed development substantially similar to
the
descriptions which are commonly used in public notices
by the permitting agency, the location of the proposed
development,
the permit application number, the name and address
of the permitting agency, and a statement that the
project shall be deemed
approved if the permitting agency has not acted within
60 days. If the applicant has provided the public notice
required by this
section, the time limit for action by the permitting
agency shall be extended to 60 days after the public
notice is provided. If the
applicant provides notice pursuant to this section,
the permitting agency shall refund to the applicant
any fees which were
collected for providing notice and which were not used
for that purpose.
(c) Failure of an applicant to submit complete or adequate
information pursuant to Sections 65943 to 65946, inclusive,
may
constitute grounds for disapproving a development project.
(d) Nothing in this section shall diminish the permitting
agency's legal responsibility to provide, where applicable,
public
notice and hearing before acting on a permit application.
(Amended by Stats. 1982, Ch. 460; Stats. 1987, Ch. 985.)
65956.5. (a) Prior to an applicant providing advance
notice to an environmental agency of the intent to
provide public notice
pursuant to subdivision (b) of Section 65956 for action
on an environmental permit, the applicant may submit
an appeal in
writing to the governing body of the environmental agency,
or if there is no governing body, to the director of
the
environmental agency, as provided by the environmental
agency, for a determination regarding the failure by
the
environmental agency to take timely action on the issuance
or denial of the environmental permit in accordance
with the time
limits specified in this chapter.
(b) There shall be a final written determination by
the environmental agency on the appeal not later than
60 calendar days
after receipt of the applicant's written appeal. The
final written determination by the environmental agency
shall specify both
of the following:
(1) The reason or reasons for failing to act pursuant
to the time limits in this chapter.
(2) A date by which the environmental agency shall act
on the permit application.
(c) Notwithstanding any other provisions of this chapter,
any appeal submitted pursuant to subdivision (a) involving
an
environmental permit from an environmental agency shall
be made to the Secretary for Environmental Protection
if the
environmental agency declines to accept the appeal for
a decision pursuant to subdivision (a) or the environmental
agency does
not make a final written determination pursuant to subdivision
(b).
(d) Any appeal submitted pursuant to subdivision (a)
involving an environmental permit to a board, office,
or department
within the California Environmental Protection Agency
shall be made to the Secretary for Environmental Protection.
(e) For purposes of this section, "environmental
permit" has the same meaning as defined in Section
71012 of the Public
Resources Code, and "environmental agency"
has the same meaning as defined in Section 71011 of
the Public Resources
Code, except that "environmental agency" does
not include the agencies described in subdivisions
(c) and (h) of Section 71011
of the Public Resources Code.
(Added by Stats. 1993, Ch. 419.)
65957. The time limits established by Sections 65950,
65950.1, and 65952 may be extended once for a period
not to exceed 90
days upon consent of the public agency and the applicant.
(Amended by Stats. 1983, Ch. 1240.)
65957.1. In the event that a development project requires
more than one approval by a public agency, such agency
may establish
time limits (1) for submitting the information required
in connection with each separate request for approval
and (2) for acting
upon each such request; provided, however, that the
time period for acting on all such requests shall not,
in aggregate, exceed
those limits specified in Sections 65950 and 65952.
(Added by Stats. 1978, Ch. 1113.)
65957.5. (a) Whenever the director of a Department of
Transportation highway district recommends to a public
agency
considering an application to subdivide real property
or to issue a construction permit that the agency impose
certain
conditions on its approval of the application, the applicant
may appeal the district director's recommendation.
(b) The Department of Transportation shall adopt regulations
prescribing procedures for effecting an appeal pursuant
to
subdivision
(a). The appeal shall be made in writing to the Director
of Transportation. The director's decision on the appeal
shall be
rendered within 60 calendar days after receipt of the
appeal, and the director's written determination shall
be transmitted to the
appellant and to the agency to whom the appealed recommendation
was made. The adopted regulations shall require the
appellant to pay to the department a fee of not more
than 50 percent of the estimated administrative cost
to the department of
conducting the appeal.
(c) The appeal process, including the director's written
determination, shall be completed at least 60 days
prior to completion
of the period of public review for a draft environmental
impact report or a negative declaration prescribed
by Section 21091 of
the Public Resources Code.
(Added by Stats. 1993, Ch. 796.)
Article 5.5 (commencing with Section 65958 repealed by Stats. 1993, Ch. 1195.)
Article 5.6. Environmental Permits
65959. The Legislature hereby finds and declares that
the California Environmental Protection Agency was
established to
enhance the state's protection of the environment by,
among other things, more effectively coordinating the
permit actions of
the departments or boards within the agency which issue
environmental permits and by ensuring timely responses
to applicants
for permits in order to reduce costs associated with
compliance with the state's environmental protection
statutes and programs.
It is the intent of this article to provide a mechanism
by which the California Environmental Protection Agency
may further
this objective of environmental protection by bringing
relevant agencies together to foster the integration
of requests for
information, promote speedy and cost-effective compliance,
and synchronize, to the maximum extent feasible, the
environmental permit requirements imposed on applicants
by the departments or boards within the agency.
(Added by Stats. 1992, Ch. 952.)
65959.1. For purposes of this article, "environmental
permit" means any permit issued by the Department
of Toxic Substances
Control for the storage, treatment, handling, or disposal
of hazardous waste, as defined in Section 25117 of
the Health and
Safety Code, or any waste discharge requirements issued
by the State Water Resources Control Board or a California
regional
water quality control board.
(Added by Stats. 1992, Ch. 952.)
65959.2. (a) At the request of an applicant for more
than one environmental permit, the Secretary for Environmental
Protection
may, using existing staff and budgetary resources, convene
a permitting team for the project composed of permit
writers and
other appropriate personnel from the board or department
responsible for review of the project and the issuance
of an
environmental permit. The permitting team shall identify
all statutory and regulatory requirements for the issuance
of the
environmental permits and provide that information to
the applicant in order to facilitate, to the maximum
extent feasible, the
uniform, consistent, and expeditious processing of environmental
permit applications.
(b) At the request of the applicant, the Secretary for
Environmental Protection may solicit the participation
of relevant
federal, state, and local agencies on the permitting
team to facilitate cooperation, reduce duplication,
and assist in conflict
resolution.
(Added by Stats. 1992, Ch. 952.)
65959.3. This article does not confer any new or additional
authority over the issuance of environmental permits
on the
California Environmental Protection Agency or diminish
in any way the existing authority of any other state
or local agency.
(Added by Stats. 1992, Ch. 952.)
Article 6. Development Permits for Classes of Projects
65960. Notwithstanding any other provision of law, if
any person applies for approval of a geothermal field
development project,
then only one permit from the lead agency and one permit
from each responsible agency shall be required for
all drilling,
construction, operation, and maintenance activities
required during the course of the productive life of
the project, including,
but not limited to, the drilling of makeup wells, redrills,
well cleanouts, pipeline hookups, or any other activity
necessary to the
continued supply of geothermal steam to a powerplant.
The lead agency and each responsible agency may approve
such
permits for less than full field development if the
applicant submits such an application. Such permits
shall include (1) any
conditions or stipulations deemed necessary by the lead
or responsible agency, including appropriate mitigation
measures
within the statutory jurisdiction of such agency, and
(2) a monitoring program capable of assuring the permittee's
conformance
with all such conditions or stipulations. This section
shall not apply to any permit whose issuance is a ministerial
act by the
permitting agency.
(Added by Stats. 1978, Ch. 1271.)
65961. Notwithstanding any other provision of law, upon
approval or conditional approval of a tentative map
for a subdivision of
single- or multiple-family residential units, or upon
recordation of a parcel map for such a subdivision
for which no tentative
map was required, during the five year period following
recordation of the final map or parcel map for the
subdivision, a city,
county, or city and county shall not require as a condition
to the issuance of any building permit or equivalent
permit for such
single- or multiple-family residential units, conformance
with or the performance of any conditions that the
city or county
could have lawfully imposed as a condition to the previously
approved tentative or parcel map. Nor shall a city,
county, or city
and county withhold or refuse to issue a building permit
or equivalent permit for failure to conform with or
perform any
conditions that the city, county, or city and county
could have lawfully imposed as a condition to the previously
approved
tentative or parcel map. However, the provisions of
this section shall not prohibit a city, county, or
city and county from doing
any of the following:
(a) Imposing conditions or requirements upon the issuance
of a building permit or equivalent permit which could
have been
lawfully imposed as a condition to the approval of a
tentative or parcel map if the local agency finds it
necessary to impose the
condition or requirement for any of the following reasons:
(1) A failure to do so would place the residents of
the subdivision or of the immediate community, or both,
in a condition
perilous to their health or safety, or both.
(2) The condition is required in order to comply with
state or federal law.
(b) Withholding or refusing to issue a building permit
or equivalent permit if the local agency finds it is
required to do so in
order to comply with state or federal law.
(c) Assuring compliance with the applicable zoning ordinance.
(d) This section shall also apply to a city or city
and county which incorporates on or after January 1,
1985, and which
includes within its boundaries any areas included in
the tentative or parcel map described in this section.
When the incorporation includes areas included in the
tentative or parcel map described in this section,
"a condition that the
city could have lawfully imposed as a condition to the
previously approved tentative or parcel map,"
as used in this section,
refers to conditions the county could have imposed had
there been no incorporation.
(Added by Stats. 1982, Ch. 1449; Amended by Stats. 1984,
Ch. 504; Amended by Stats. 1987, Ch. 193.)
Note: Stats. 1982, Ch. 1449, also reads:
SEC. 4. With the exception of those provisions of this
act which may be declarative of existing law, the provisions
of this
act shall operate only prospectively and shall not apply
to tentative maps or parcel maps for which no tentative
map was
required, which were approved, conditionally approved,
or disapproved prior to July 1, 1983.
65962. (Repealed by Stats. 1990, Ch. 1572.)
65962.5. (a) The Department of Toxic Substances Control
shall compile and update as appropriate, but at least
annually, and
shall submit to the Secretary for Environmental Protection,
a list of all of the following:
(1) All hazardous waste facilities subject to corrective
action pursuant to Section 25187.5 of the Health and
Safety Code.
(2) All land designated as hazardous waste property
or border zone property pursuant to Article 11 (commencing
with
Section 25220) of Chapter 6.5 of Division 20 of the
Health and Safety Code.
(3) All information received by the Department of Toxic
Substances Control pursuant to Section 25242 of the
Health and
Safety Code on hazardous waste disposals on public land.
(4) All sites listed pursuant to Section 25356 of the
Health and Safety Code.
(5) All sites included in the Abandoned Site Assessment
Program.
(b) The State Department of Health Services shall compile
and update as appropriate, but at least annually, and
shall submit
to the Secretary for Environmental Protection, a list
of all public drinking water wells which contain detectable
levels of
organic contaminants and which are subject to water
analysis pursuant to Section 4026.2 or 4026.3 of the
Health and Safety
Code.
(c) The State Water Resources Control Board shall compile
and update as appropriate, but at least annually, and
shall submit
to the Secretary for Environmental Protection, a list
of all of the following:
(1) All underground storage tanks for which an unauthorized
release report is filed pursuant to Section 25295 of
the Health
and Safety Code.
(2) All solid waste disposal facilities from which there
is a migration of hazardous waste and for which a California
regional
water quality control board has notified the Department
of Toxic Substances Control pursuant to subdivision
(e) of Section
13273 of the Water Code.
(3) All cease and desist orders issued after January
1, 1986, pursuant to Section 13301 of the Water Code,
and all cleanup or
abatement orders issued after January 1, 1986, pursuant
to Section 13304 of the Water Code, which concern the
discharge of
wastes which are hazardous materials.
(d) The local enforcement agency, as designated pursuant
to Section 18051 of Title 14 of the California Code
of
Regulations, shall compile as appropriate, but at least
annually, and shall submit to the California Integrated
Waste
Management Board, a list of all solid waste disposal
facilities from which there is a known migration of
hazardous waste. The
California Integrated Waste Management Board shall compile
the local lists into a statewide list which shall be
submitted to
the Secretary for Environmental Protection and shall
be available to any person who requests the information.
(e) The Secretary for Environmental Protection shall
consolidate the information submitted pursuant to this
section and
distribute it in a timely fashion to each city and county
in which sites on the lists are located. The secretary
shall distribute the
information to any other person upon request. The secretary
may charge a reasonable fee to persons requesting the
information,
other than cities, counties, or cities and counties,
to cover the cost of developing, maintaining, and reproducing
and distributing
the information.
(f) Before a lead agency accepts as complete an application
for any development project which will be used by any
person,
the applicant shall consult the lists sent to the appropriate
city or county and shall submit a signed statement
to the local agency
indicating whether the project and any alternatives
are located on a site which is included on any of the
lists compiled pursuant
to this section and shall specify any list. If the site
is included on a list, and the list is not specified
on the statement, the lead
agency shall notify the applicant pursuant to Section
65943. The statement shall read as follows:
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the Government Code. Accordingly, the project applicant is required to submit a signed statement which contains the following information:
Name of applicant:
Address:
Phone number:
Address of site (street name and number if available, and ZIP Code):
Local agency (city/county):
Assessor's book, page, and parcel number:
Specify any list pursuant to Section 65962.5 of the Government Code:
Regulatory identification number:
Date of list:
_________________
Applicant, date
(g) The changes made to this section by the act amending
this section, which takes effect January 1, 1992, apply
only to
projects for which applications have not been deemed
complete on or before January 1, 1992, pursuant to
Section 65943.
(Added by Stats. 1986, Ch. 1048; Amended by Stats. 1990,
Ch. 537; Amended by Stats. 1991, Ch. 1212.)
65963.1 Except as otherwise provided in Article 8.7
(commencing with Section 25199) of Chapter 6.5 of Division
20 of the
Health and Safety Code, this chapter applies to the
making of a land use decision or the issuance of a
permit for a hazardous
waste facility project by a public agency, as defined
in Section 25199.1 of the Health and Safety Code, including,
but not
limited to, all of the following actions:
(a) The approval of land use permits and conditional
use permits, the granting of variances, the subdivision
of property, and
the modification of existing property lines pursuant
to this division or Division 2 (commencing with Section
66410) of Title 7,
and, for purposes of this chapter, "project"
includes an activity requiring any of those actions.
(b) The issuance of hazardous waste facility permits
by the State Department of Health Services pursuant
to Chapter 6.5
(commencing with Section 25100) of Division 20 of the
Health and Safety Code.
(c) The issuance of waste discharge requirements by
California regional water quality control boards pursuant
to Article 4
(commencing with Section 13260) of Chapter 4 of Division
7 of the Water Code.
(d) The issuance of authority to construct permits by
the district board of an air pollution control district
or an air quality
management district pursuant to Division 26 (commencing
with Section 39000) of the Health and Safety Code.
(e) The issuance of solid waste facilities permits by
the enforcement agency pursuant to Article 2 (commencing
with Section
66796.30) of Chapter 3 of Title 7.3.
(Added by Stats. 1986, Ch. 1504.)