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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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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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1/3/2012 1:31:17 PM
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7/21/2010 7:28:31 AM
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Legal Opinions
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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
Date
8/16/1973
Agency
Planning & Building
Notes
OPINION 73-53
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Opinion rdo. 73-53 <br />- Page 3 <br />entitlement for use e,cecuted or issued un or <br />tefore the effective date of this section not <br />withstanding a failure to comply with this <br />division, if otherwise legal and valid, is <br />hereby confirmed, validated and dQc~ared legally <br />effective." <br />The effective date of Section 21169 was C~ecember 5, <br />1972, a~-d since the approval of Variance 72-81 constituted-- <br />"Activities involving the issuance to a person <br />of a lease, permit, license, certificate, or other <br />entitlements for use by one or morn public agencies". . <br />as specified in Section 21065(c) of the Public Resources Code, <br />any action taken by the City of Santa Ana, and in particular, <br />the acceptance of the application for Variance 72-81 on Novem- <br />ber 6, 1972, and the approval of Variance 72-81 by the Planning <br />Commission prior to December 5, 1972, is thereby validated by <br />Public Resources Code Section 21169. <br />Additionally, the final approval of Variance 72-81 <br />by the City Council on December 18, 1972, is legal and valid <br />without compliance with the Environmental Impact Report Pro- <br />cedure. Public Resources Code Section 21171. <br />Whether or not the Environmental Impact Report should <br />be submitted for Variance 72-81 despite the inapplicability of <br />CEQA of 1970 and AB 889, is an administrative decision. It is <br />possible, however, that if the EIR is set for public hearing or <br />even received and filed by the Planning Commission at this late <br />date that such action could possibly constitute an actual or <br />implie'~d waiver of the moratorium period and the exemption appli- <br />cable ':prior to the commencement of the moratorium period and in <br />effect deprive VA 72-81 of its immunity from compliance with the <br />Environmental Impact Report requirements. <br />James ~ thers , Gi ty t rriey <br />By C iar es e o <br />Assistant ty Attor~~Qy <br />CJL/ms <br />107 <br />
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