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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Opinion rdo. 73-53 - Page 3 entitlement for use e,cecuted or issued un or tefore the effective date of this section not withstanding a failure to comply with this division, if otherwise legal and valid, is hereby confirmed, validated and dQc~ared legally effective." The effective date of Section 21169 was C~ecember 5, 1972, a~-d since the approval of Variance 72-81 constituted-- "Activities involving the issuance to a person of a lease, permit, license, certificate, or other entitlements for use by one or morn public agencies". . as specified in Section 21065(c) of the Public Resources Code, any action taken by the City of Santa Ana, and in particular, the acceptance of the application for Variance 72-81 on Novem- ber 6, 1972, and the approval of Variance 72-81 by the Planning Commission prior to December 5, 1972, is thereby validated by Public Resources Code Section 21169. Additionally, the final approval of Variance 72-81 by the City Council on December 18, 1972, is legal and valid without compliance with the Environmental Impact Report Pro- cedure. Public Resources Code Section 21171. Whether or not the Environmental Impact Report should be submitted for Variance 72-81 despite the inapplicability of CEQA of 1970 and AB 889, is an administrative decision. It is possible, however, that if the EIR is set for public hearing or even received and filed by the Planning Commission at this late date that such action could possibly constitute an actual or implie'~d waiver of the moratorium period and the exemption appli- cable ':prior to the commencement of the moratorium period and in effect deprive VA 72-81 of its immunity from compliance with the Environmental Impact Report requirements. James ~ thers , Gi ty t rriey By C iar es e o Assistant ty Attor~~Qy CJL/ms 107