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Title 14. Chapter 3. Guidelines
for Implementation of the Article 8. Time Limits Sections 15100 to 15112 15100. General (a) Public agencies shall
adopt time limits to govern their implementation of CEQA consistent with this
article. (b) Public agencies should
carry out their responsibilities for preparing and reviewing EIRs within a reasonable period of time. The requirement
for the preparation of an Note: Authority
cited: Section 21083, Public Resources Code; Reference: Sections 21000-21176,
Public Resources Code. Discussion: Subsection
(a) identifies the requirements for state and local agencies to adopt time
limits to implement CEQA. Adoption of these time limits is required by Sections
21100.2 and 21151.5. Requirements for specific time limits are scattered
throughout the statute, so the citation of individual code sections in the note
for this section would be so long as to be of little use. Where particular time
limits are discussed in the later sections of this article, the specific
statutory sections are referenced. Subsection (b) states the overriding policy
consideration that applies throughout CEQA for agencies to carry out their
responsibilities in an expeditious manner. This concern for expeditious
processing was shown when the Legislature enacted Chapter 1200 of the statutes
of 1977 (AB 884). That bill added many time limits to CEQA as well as providing
time limits for the processing of development permits under the Government
Code. 15101. Review of Application for Completeness A Lead Agency or Responsible
Agency shall determine whether an application for a permit or other entitlement
for use is complete within 30 days from the receipt of the application except
as provided in Section 15111. If no written determination of the completeness
of the application is made within that period, the application will be deemed
complete on the 30th day. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21083, Public
Resources Code; Section 65943, Government Code. Discussion: This
section is necessary for coordinating the CEQA review of an application with
the review of the application for completeness under other statutes. Government
Code Section 65943 requires an agency to rule on the completeness of an
application within 30 days. Government Code Section 65950 provides that the
CEQA time periods shall begin on the same date as the permit processing time
limits under the Government Code. 15102. Initial Study The Lead Agency shall
determine within 30 days after accepting an application as complete whether it
intends to prepare an Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21080.2, Public
Resources Code. Discussion: This
section identifies the statutory requirement for the Lead Agency to make a
determination within 30 days as to whether it will prepare an Public Resources Code Section
21151.5 provides that if a draft 15103. Response to Notice of Preparation Responsible and Trustee
Agencies, and the Office of Planning and Research shall provide a response to a
Notice of Preparation to the Lead Agency within 30 days after receipt of the
notice. If they fail to reply within the 30 days with either a response or a
well justified request for additional time, the Lead Agency may assume that none
of those entitles have a response to make and may ignore a late response. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Sections 21080.4,
Public Resources Code. Discussion: This
section identifies the statutory requirement for Responsible Agencies and
Trustee Agencies to respond to a Notice of Preparation within 30 days after receiving
the notice. The time period is supplemented by an interpretation allowing the
Lead Agency to disregard late responses. The sanction on disregarding late
responses is necessary to provide meaning to the time limit. 15104. Convening of Meetings The Lead Agency shall convene
a meeting with agency representatives to discuss the scope and content of the
environmental information a Responsible Agency will need in the Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21080.4, Public
Resources Code. Discussion: This
section identifies the requirement for convening a meeting to discuss the
contents of a draft 15105. Public Review Period for a Draft (a) The public review period
for a draft (b) The public review period
for a proposed negative declaration or mitigated negative declaration shall be
not less than 20 days. When a proposed negative declaration or mitigated
negative declaration is submitted to the State Clearinghouse for review by
state agencies, the public review period shall not be less than 30 days, unless
a shorter period, not less than 20 days, is approved by the State
Clearinghouse. (c) If a draft (d) A shortened Clearinghouse
review period may be granted in accordance with the provisions of Appendix K
and the following principles: (1) A shortened review shall
not be granted for any proposed project of statewide, areawide,
or regional environmental significance. (2) Requests for shortened
review periods shall be submitted to the Clearinghouse in writing by the
decision-making body of the lead agency, or a representative authorized by
ordinance, resolution, or delegation of the decision-making body. (3) The lead agency has
contacted responsible and trustee agencies and they have agreed to the
shortened review period. Note:
Authority cited: Section 21083, Public Resources Code; Reference: Sections
21091 and 21092, Public Resources Code; People
v. County of Kern 39 Cal.App.3d 830. Discussion: The
discussion of public review period brings together requirements from a number
of different articles in the Guidelines. Both this section and Section 15106
are purely regulatory in origin. They spell out the minimum and maximum review
periods under CEQA as an effort to balance the ability of the public to respond
within relatively short periods against the interests of applicants and public
agencies in moving expeditiously in order to reach an ultimate decision on the
project. This discussion applies equally to Section 15106. Refer to the discussions
under Sections 15073 and 15087 for the statutory requirements for minimum
public review periods. With specific exceptions, the review period for an 15106. [Deleted] 15107. Completion of Negative Declaration With private projects
involving the issuance of a lease, permit, license, certificate, or other
entitlement for use by one or more public agencies, the negative declaration
must be completed and approved within 180 days from the date when the lead
agency accepted the application as complete. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Sections 21100.2 and
21151.5, Public Resources Code. Discussion:
This section reflects the statutory requirement that a Negative Declaration be
completed and adopted within 180 days of the day a private project is accepted
as complete for processing. Under prior law, now repealed, the time frame for
completion of a Negative Declaration was 105 days. 15108. Completion and Certification of With a private project, the
Lead Agency shall complete and certify the final Note: Authority
cited: Section 21083, Public Resources Code; Reference: Sections 21100.2 and
21151.5, Public Resources Code; Government Code Section 65950. Discussion: This
section identifies the requirement to complete and certify an 15109. Suspension of Time Periods An unreasonable delay by an
applicant in meeting requests by the Lead Agency necessary for the preparation
of a Negative Declaration or an Note: Authority
cited: Section 21083, Public Resources Code; Reference: Sections 21100.2 and
21151.5, Public Resources Code; Carmel
Valley View, Ltd. v. Maggini, 91 Discussion: This
section is an interpretation responding to the question of what happens to the
Lead Agency's one-year time limit if the applicant unreasonably delays
providing information that was requested by the Lead Agency. The problem of
unreasonable delays has plagued many agencies and has led to disputes over
whether a project has been approved by operation of law. The section is
necessary to resolve the disputes and to avoid the need to litigate the same.
This interpretation is consistent with the court decision in Carmel Valley View, Ltd. v. Maggini, cited in the note. The section also identifies
the option of disapproving the project in response to unreasonable delays. The
section also validates the use of a "disapproval without prejudice"
that is used by some agencies. This approach allows a new application for a
disapproved project to start at the same point in the process where it was when
disapproved. Following this approach, an agency can avoid the time and expense
for early steps in the process that would not be necessary for a project that
had been partially reviewed before. 15110. Projects with Federal Involvement (a) At the request of an
applicant, the Lead Agency may waive the one-year time limit for completing and
certifying a final (1) The project will be
subject to CEQA and to the National Environmental Policy Act, (2) Additional time will be
required to prepare a combined (3) The time required to
prepare the combined document will be shorter than the time required to prepare the documents separately. (b) The time limits for
taking final action on a permit for a development project may also be waived
where a combined (c) The time limits for
processing permits for development projects under Government Code Sections
65950-65960 shall not apply if federal statutes or regulations require time
schedules which exceed the state time limits. In this event, any state agencies
involved shall make a final decision on the project within the federal time
limits. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Sections 21083.6 and
21083.7, Public Resources Code; Sections 65951 and 65954, Government Code;
Public Law 91-190 as amended, 42 U.S.C.A. 4321-4347. Discussion: This
section implements the statutory provision allowing a waiver of CEQA time
limits where the project will be subject to NEPA as well as CEQA. The
regulation supplements the statutory provision by applying this principle to
situations where a Negative Declaration under CEQA is prepared jointly with a
Finding of No Significant Impact under NEPA. This approach is consistent with
the principle contained in the statutory section but applies in a situation not
mentioned by the statute. The section adds a requirement that any state agency
involved make a final decision on the project within the federal time limit if
that period is longer than the state time limit. This provision is necessary to
avoid an interpretation that would provide that no time limits would apply to a
state agency at all under this section. The section follows the general policy
of CEQA and the Government Code of requiring action on development projects to
be completed within a definite period of time. 15111. Projects with Short Time Periods for Approval (a) A few statutes or ordinances
require agencies to make decisions on permits within time limits that are so
short that review of the project under CEQA would be difficult. To enable the
Lead Agency to comply with both the permit statute and CEQA, the Lead Agency
shall deem an application for a project not received for filing under the
permit statute or ordinance until such time as progress toward completing the
environmental documentation required by CEQA is sufficient to enable the Lead
Agency to finish the CEQA process within the short permit time limit. This
section will apply where all of the following conditions are met: (1) The enabling legislation
for a program, other than Chapter 4.5 (commencing with Section 65920) of
Division 1 of Title 7 of the Government Code, requires the Lead Agency to take
action on an application within a specified period of time that is six months
or less, and (2) The enabling legislation
provides that the project will become approved by operation of law if the Lead
Agency fails to take any action within such specified time period, and (3) The project involves the
issuance of a lease, permit, license, certificate, or other entitlement for
use. (b) Examples of time periods
subject to this section include, but are not limited to: (1) Action on a timber
harvesting plan by the Director of Forestry within 15 days pursuant to Section
4582.7 of the Public Resources Code, (2) Action on a permit by the
San Francisco Bay Conservation and Development Commission within 90 days
pursuant to Section 66632(f) of the Government Code, and (3) Action on an oil and gas
permit by the Division of Oil and Gas within 10 days pursuant to Sections 3203
and 3724 of the Public Resources Code. (c) In any case described in
this section, the environmental document shall be completed or certified and
the decision on the project shall be made within the period established under
the Permit Streamlining Act (Government Code Sections 65920, et seq.). Note: Authority
cited: Section 21083, Public Resources Code; Reference: Sections 21100.2 and
21151.5, Public Resources Code; N.R.D.C.
v. Arcata National Corp. (1976) 59 Cal.App.3d 959. Discussion: This
section provides a way of reconciling the competing and apparently inconsistent
demands of different statutes. The state court of appeal decision in N.R.D.C. v. Arcata National Corporation,
cited in the note, approved the interpretation that allowed an agency to
suspend the running of the shorter time limit until the CEQA process had been
completed. This is the approach taken in this section. The section was
developed in the interest of treating all laws as part of one large body of law
which should be read consistently wherever possible. This approach allows the
purposes to be served by all these different laws to be promoted rather than
forcing an agency to choose which of several laws they will ignore in order to
accomplish the requirements of others. This section is designed to
call for the maximum overlap between the CEQA process and the short permit time
period rather than calling for the CEQA process to be completed before the
short permit time period could begin. Under this approach, the Lead Agency
would suspend the short permit time period and begin the CEQA process. When the
Lead Agency was far enough along in the CEQA process that it could finish the
CEQA process within the permit time period, the agency would start the clock
for the permit time period and begin processing the permit. This way the last
part of the CEQA process and the permit process would overlap as much as
possible. This would save time for the permit applicant. Subsection (c) is intended to
place a maximum time limit on the special approach allowed in this section. It
also seeks to avoid conflicts with the time limits for processing development projects
under the Government Code by adopting the 90-day limit on a time extension that
is contained in Government Code Section 65957. This provision is necessary to
avoid a conflict with the time limit on processing development projects under
the Government Code because most development projects are subject to both CEQA
and the Government Code time limits. The time limits should be as similar as
possible. 15112. Statutes of Limitations (a) CEQA provides unusually
short statutes of limitations on filing court challenges to the approval of
projects under the Act. (b) The statute of
limitations periods are not public review periods or waiting periods for the
person whose project has been approved. The project sponsor may proceed to
carry out the project as soon as the necessary permits have been granted. The
statute of limitations cuts off the right of another person to file a court
action challenging approval of the project after the specified time period has
expired. (c) The statute of
limitations periods under CEQA are as follows: (1) Where the public agency
filed a Notice of Determination in compliance with Sections 15075 or 15094, 30
days after the filing of the notice and the posting on a list of such notices. (2) Where the public agency
filed a Notice of Exemption in compliance with Section 15062, 35 days after the
filing of the notice and the posting on a list of such notices. (3) Where a certified state
regulatory agency files a Notice of Decision in compliance with Public
Resources Code Section 21080.5(d)(2)(E), 30 days after
the filing of the notice. (4) Where the Secretary for
Resources certifies a state environmental regulatory agency under Public
Resources Code Section 21080.5, the certification may be challenged only during
the 30 days following the certification decision. (5) Where none of the other
statute of limitations periods in this section apply, 180 days after either: (A) The public agency's
decision to carry out or approve the project, or (B) Commencement of the
project if the project is undertaken without a formal decision by the public
agency. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Sections 21167,
21167.3, and 21080.5, Public Resources Code; Kriebel v. City Council, 112 Discussion: This
section discusses the various statutes of limitations under CEQA. These periods
are contained in Public Resources Code Sections 21080.5 and 21167. Subsection
(b) explains that the statute of limitation period is not a public review
period but is merely an unusually short period during which approved projects
are subject to challenge by lawsuit. In the absence of a statute of limitations
as specified in Sections 21080.5 and 21167, a longer period would apply.
Amended Public Resources Code section 21167 (Chapter 1294, Statutes of 1994)
provides that the time period during which to file an action or proceeding
commences from the date that the public agency mails a written copy of the
Notice of Determination to any person requesting a copy within the posting
periods for that notice. This effectively extends the potential statute of
limitations. Subsection (c) reorganizes
and simplifies the presentation of the statutes of limitations under CEQA and
adds an administrative interpretation. The section responds to the problem that
the statute does not address the situation where an agency prepared an The court in Concerned Citizens of Costa Mesa, Inc. v.
32nd District Agricultural Assoc. (1986) 42 Cal. 3d 929, permitted a
challenge to an agency's compliance with CEQA to be filed beyond the strict
statutory time limitations because the agency made substantial changes in a
project after filing the final |