Need Some Clarification, Testing Soon

[Porfiro]

Can somebody please shed some light on the following questions? Any feedback is very much appreciated.


1. During CEQA process, do Lead and Responsible agencies not have the power to comment on the projects, only Commenting agencies do?

2. Which projects go to County Clerk and which go to Office of Planning and Research? Is it based on locality, scope or type of project (public or private)?

3. Does CEQA apply to public as well as private projects?

4. If the Notice of Determination is such that the project is not approved, does it mean the project is killed and cannot happen? Is there an appeal process?

5. Essential service buildings don't necessarily have to house public agencies, correct? An example could be an emergency operation center, which I suppose could be privately run.

But if the functions of essential service buildings are always public, how can the facility in which they are housed be "leased by the state" (state renting a facility for an agency under its own umbrella)? This is in relation to DSA being an enforcement agency for essential service buildings housed in facilities leased by the state. Need some clarification on this.

6. Full time on-site inspector is not required during construction of essential facility buildings, like they are for the facilities under field act, correct?

7. Can somebody confirm the design professionals lien still applies if only the plan check approval has been obtained, but the building permit has not been pulled?

8. After the preliminary 20 day notice of mechanic lien has been sent, the actual notice of mechanics lien has to be served. Is there any time frame within which the lien must be field after the notice is served?

9. Do arbitration decisions become the matter of public record, like the litigation decisions do?

[dkismet]

1. lead agency is the official 'commenter' of the project. Everyone has a voice in CEQA, even the public. It's the lead agency's job to take into consideration all comments from any solicited trustee or responsible agency and make a final determination.
I'm not too familiar with a "commenting agency" other than the idea that it's a agency that actually made a comment and took consideration for project.

2. "state level" projects go to the OPR, local projects go to county clerk

3. yes

4. Notice of determination determines whether the project is approved or not and always comes at the end of the CEQA process

5. I have not seen anything that says it has to be a public project. I've seen privately funded fire stations, and I'd assume it would still have to be constructed to ESB standards, though I don't know for sure.

5B: A fire station could be owned and operated by Cal-fire or perhaps owned and operated by the local city fire department. Both are public agencies, one is state owned (or leased), the other is owned by the city. State owned or leased projects go to DSA

6. that is my understanding, only because david's guides say inspector shall 'oversee' construction for the schools. The inspector for ESB is there to do inspections periodically, provide reports, and review reports by contractor and design professional

7. I'd imagine plan check approval, or entitlements approval, etc would be considered "government approval" and satisfy the lien requirements. I don't have experience with this though

8. There doesn't seem to be a specified timeframe. I'd imagine a lien can be filed anytime after a notice has been served which is specifying the same work and amount due. The only time constraint would be the 90 days from completion/cessation of work

9. I want to say no.... I think I read that it was part of the incentive for arbitration. Though, I have no reference, I could be wrong.

[icarrillo]

1. i visited my local planning dept for clarification on the following
A. Lead agency must take into consideration comments by all other agencies and public.
B. Responsible agency must comment and will have a permit requirement
C. Commenting agency must provide comment.

2. It is more a matter of ownership and funding. State funded, owned or leased go to OPR.

3. CEQA applies to all projects AND activities

4. See dskmet

5. See definition of essential services on CAB website.

6. I would say this depends on the inspections required on the design professional statement

7. Any governmental approval allows use of dpl

8. 20 day prelim notice just informs owner of the parties right to a lien

9. No. They remain private. Unless you are an architect and settlement exceeds 5k or whatever the architect practice act says has to be reported.

[dkismet]

1. i visited my local planning dept for clarification on the following
A. Lead agency must take into consideration comments by all other agencies and public.
B. Responsible agency must comment and will have a permit requirement
C. Commenting agency must provide comment.

it helps to investigate! that's interesting

[Porfiro]

Very good feedback. Thank you!