APPLICABILITY OF CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 AS AMENDED BY AB 889 TO APPLICATIONS PRESENTED AND APPROVED BY PLANNING COMMISSION PRIOR TO EFFECTIVE DATE OF AB 889

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Upinicn No. 73-53 page ,, constitute an actual or implied waiver of the moratorium period and *he exemption applicable prior to the commei:cement of the moratorium period, and in effect, deprive VA 72-81 of its immunity from co~~i;;lying with the Environmental Impact Report Procedure requirements. FACTS The facts as related by you to *his office are as follows: "The original variance application was filed Lfor Variance 72-81] on November 6, 1972 with the final decision of approval by the City Council on December 18, 1972. The effects of AB 889 granting option of waiving the requirements of EIR's for discretionary permits and licenses for a 120-day period commenced on December 5, 1972, and terminated on April 4, 1973.. Although the City did not require an EIR for Variance 72-81, staff suggested to the developer to prepare a report for the project. This report was prepared and submitted to the Planning Department for review on March 20, 1973. As the project was approved on December 18, 19?2, during the moratorium period, staff has not as of yet, submitted the EIR to the Planning Commission for a public hearing concerning the adequacy of the report. In summary, staff requests a legal interpretation of the following questions, etc.'° ANALYSIS The California Environ~:iental Quality Act of 1970 as amended by AB 889 pertaining to Division 13, Chapter 6, Section 21169 of the California State Public Resources Code states: "Any project defined in subdivision (c) of Section 21065 undertaken, carried out or approved on or before the effective date of this section and the issuance by any public agenc,~ of any lease, permit, license, certificate or other 106