 |
SHORTENED REVIEW PROCESS |
| |
SHORTENED REVIEW PROCESS |
Under exceptional circumstances, and when requested by the Lead Agency, SCH may shorten the normal review periods for draft Negative Declarations and EIRs. It is strongly advised that the Lead Agency contact SCH prior to submitting a request for shortened review.
Written requests for shortened reviews must be submitted to SCH together with the required 15 copies of the draft environmental document. The request letter must explain why the shortened review is needed and identify prior approval from Responsible state agencies. Certain types of projects are not eligible for shortened reviews. Refer to the Shortened Review Request Procedures and criteria below (per Section 21091 (e) of the Public Resources Code).
A request for a shortened review period will only be considered prior to the start of the state review period (i.e., SCH will not shorten a review period while the regular review period is running). SCH will consider a request for a shortened review if one or more of the following criteria are met:
1) The Lead Agency is operating under an extension of the one-year period for completion of an EIR and would not otherwise be able to complete the EIR within the extended period.
2) The public project applicant is under severe time constraints with regard to obtaining financing or exercising options which cannot be met without shortening the review period.
3) The document is a supplement to a draft EIR or proposed negative declaration or mitigated negative declaration previously submitted to the State Clearinghouse.
4) The health and safety of the community would be at risk unless the project is approved expeditiously.
5) The document is a revised draft EIR, or proposed negative declaration or mitigated negative declaration, where changes in the document are primarily the result of comments from agencies and the public.
The Lead Agency should provide evidence that there has been prior consultation with Responsible and Trustee state agencies. In the case of a Draft EIR, the Lead Agency should have sent a NOP to the Responsible and Trustee state agencies. For Negative Declarations, the Lead Agency should have previously consulted, formally or informally, with Responsible and Trustee state agencies.
Before submitting a shortened review request, the Lead Agency must have obtained verbal or written approval for a shortened review period from Responsible and Trustee state agencies. The request letter from the Lead Agency must identify which state agencies have been contacted and the agencies' responses to the request.
1) The request must be made to SCH in writing by the decision-making body of the Lead Agency, or an authorized representative of the Lead Agency (e.g., City Manager or Planning Director), and shall be made on Lead Agency letterhead. When submitted by a representative, a copy of the resolution or ordinance from the decision-making body of the Lead Agency delegating authority should be attached.
2) The request must explain the "exceptional circumstances" (see criteria) for making the request.
3) The request must be accompanied by 15 copies of the environmental document.
4) The request will not be approved if the project has statewide, regional, or areawide significance (see next page).
5) SCH approval of a shortened review period must be granted before issuing the public notice of availability.
6) The public review period must be at least as long as the review period set by SCH.
7) The review period for a Negative Declaration shall not be shorter than 20 days. The Lead Agency must specify the requested length of the shortened review period.
8) The review period for a Draft EIR shall not be shorter than 30 days. The Lead Agency must specify the requested length of the shortened review period.
9) The Lead Agency may use the Shortened Review Application form contained in this Handbook (see Form E).
"A project is considered to be of statewide, regional or areawide significance if the project meets any of the following criteria and shall therefore be ineligible for a shortened review period:
(1) A proposed local general plan, element, or amendment thereof for which an EIR was prepared. If a Negative Declaration was prepared for the plan, element, or amendment, the document need not be submitted for review.
(2) A project has the potential for causing significant effects on the environment extending beyond the city or county in which the project would be located. Examples of the effects include generating significant amounts of traffic or interfering with the attainment or maintenance of state or national air quality standards. Projects subject to this subsection include:
(A) A proposed residential development of more than 500 dwelling units.
(B) A proposed shopping center or business establishment employing more than 1,000 persons or encompassing more than 500,000 square feet of floor space.
(C) A proposed commercial office building employing more than 1,000 persons or encompassing more than 250,000 square feet of floor space.
(D) A proposed hotel/motel development of more than 500 rooms.
(E) A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or encompassing more than 650,000 square feet of floor area.
(3) A project which would result in the cancellation of an open space contract made pursuant to the California Land Conservation Act of 1965 (Williamson Act) for any parcel of 100 or more acres.
(4) A project for which an EIR and not a Negative Declaration was prepared which would be located in the following areas of critical environmental sensitivity:
(A) The Lake Tahoe Basin.
(B) The Santa Monica Mountains Zone as defined by Section 67463 of the Government Code.
(C) The California Coastal Zone as defined in, and mapped pursuant to, Section 30103 of the Public Resources Code.
(D) An area within 1/4 mile of a wild and scenic river as defined by Section 5093.5 of the Public Resources Code.
(E) The Sacramento-San Joaquin Delta, as defined in Water Code Section 12220.
(F) The Suisun Marsh as defined in Public Resources Code Section 29101.
(G) The jurisdiction of the San Francisco Bay Conservation and Development Commission as defined in Government Code Section 66610.
(5) A project which would substantially affect sensitive wildlife habitats including but not limited to riparian lands, wetlands, bays, estuaries, marshes, and habitats for endangered, rare and threatened species as defined by Section 15380 of this Chapter.
(6) A project which would interfere with attainment of regional water quality standards as stated in the approved areawide waste treatment management plan.
(7) A project which would provide housing, jobs, or occupancy for 500 or more people within 10 miles of a nuclear power plant."
Return to Index