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HomeMy WebLinkAboutC-2969 - Cooperative Agreement for the Coordination of Permitting between the State of California and the Cities of Orange Countyr1 �J • /(�' Gdcj'7- eerrLG�v� TO: FROM: SUBJECT: Suaaested Action - c -2969 City Council Meeting December 13, 1993 Agenda Item No. C= OF NEWPORT BEACH Mayor and Members of the City Council DEC 1 319% Planning Department6�- _.__,.APPROVED Cooperative Agreement for the Coordination of Permitting Between the State of California and the Cities of Orange County If desired, authorize the Mayor to execute a cooperative agreement between the City of Newport Beach and the State of California for the coordination of permit processing. Discussion The Orange County League of California Cities and the State of California have drafted a cooperative agreement addressing the coordination of permitting in the County of Orange. In association with this agreement, the State is opening a Permit Assistance Center in partnership with the County's Development Processing Center in the City of Santa Ana on December 13, 1993. The City has been requested to enter into the cooperative agreement, which is attached to this report. The agreement presents a framework for coordinated permit processing which is consistent with the coordinated local processing suggested by the City's Economic Development Committee. This outline includes the following concepts: 1. The permit assistance center will have copies of all permits application forms and instructional information from all agencies. 2. The permit assistance center will be managed by a state employee. 3. Each City will assign a staff person as liaison to the permit assistance center. 4. Each City will agree to assign a project coordinator to applicants for assistance with local units such as Building, Safety and Planning. 5. Agencies will develop a consolidated permit application form. TO: Mayor and Members of the City Council - 2. 0 6. The State and City shall attempt to provide technical assistance cooperatively, and prepare common permit assistance materials. Staff contacted the local EPA staff member to discuss the operations of the permit assistance • center. It was indicated that there is no set operational framework in place at this time, but'that the establishment of the Pemut Assistance Center and the execution of the cooperative agreements will initiate the design of the operational and communications procedures. It is the opinion of staff that participation in the operational design of the center will be important to its long term effectiveness. The state staff person acknowledged that there were significant issues yet to be resolved in the area of coordination of the state agencies. This is clearly one of the most critical areas for the effective functioning of coordinated permit processing. This agreement envisions the possibility integrated public hearings for state and local permits (at the local level), and a coordinated regulatory dispute resolution procedure for state and local agencies. Both of these concepts present challenges which are extremely complex, but exploration as to what and how much can be done is warranted. The Planning Department has reviewed the agreement with the Office of the City Attorney, the Building Department and the Public Works Department. While all share the same concern to maintain local control over issues of local concern, it is the consensus of the Departments that the City should participate in the initial development of this permit coordination process. If at any • time the process implemented are at variance to our local interests, the City can terminate its relationship with the California Environmental Protection Agency, Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director B G tit Patricia L. Temple Advance Planning Manager Attachment • PLT:. A W IN W ORD\PAC I. DOC Orange County Division League of California Cities Memorandum Date: November 16, 1993 To: City Managers From: Bill Hodge gzw Executive Director Subject: Memorandum of Understanding with Cal -EPA on Permit Processing Attached is the final copy of the proposed memorandum of understanding between the California Environmental Protection Agency (Cal -EPA) and individual Cities to cooperate on permit processing for businesses in Grange County. Cal -EPA is trying to have as many of these executed with individual Cities prior to the scheduled opening of the Orange County Permit Assistance Center in Santa Ana on December 13, 1993. If you have already agendized the previous draft agreement for action with your respective City Councils, this agreement is essentially identical. The most important thing is that it demonstrates a formal commitment to cooperate between local jurisdictions and the* regional permit assistance center. If I can answer any questions, please contact me at the Division office. If you want to contact Cal - EPA on this matter, contact Mr. Mike FitzGibbon at (310) 590 -4973. Thank you for your interest and response. attachment 1_3 0 • COOPERATIVE AGREEMENT FOR THE COORDINATION OF PERMITTING BETWEEN THE STATE OF CALIFORNIA AND THE CITIES OF ORANGE COUNTY • This agreement is entered into this day of . 1993, by and between the following parties: Secretary of Environmental Protection on behalf of the State of California, hereinafter referred to as STATE, and the City of Newport Beach hereinafter referred to as the CITY. WHEREAS, Executive Order ( ) designated the California Environmental Protection Agency as the lead agency responsible for coordinating the implementation of permit assistance centers in those areas of the State where regulatory assistance and permit coordination efforts will provide efficient, timely, and cost effective delivery of these services to citizens and businesses within the area; and WHEREAS, the establishment of a Permit Assistance Center to provide regulatory assistance and to coordinate and consolidate the processing of all applicable State permits, licenses, variances, and other approvals is in the public interest; and WHEREAS, the STATE and the CITY are committed to expeditious processing of development applications and permits and making these procedures easier and more accessible to the applicants and have initiated reforms to their permitting processes and are systematically addressing additional reforms and projects to improve the permitting process; and it is in the public interest to complete these actions in a coordinated and timely •WHEREAS, manner in order to ensure the environmental, economic, and social needs of the citizens of this region and of the State. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties doe hereby agree as follows: 1. STATE AND LOCAL PERMIT COORDINATION a. The STATE and the CITY shall provide the Permit Assistance Center with copies of all applicable application forms, permit assistance materials and other pertinent information materials. b. The Center shall be coordinated by a Program Manager who shall be designated by the STATE. C. The CITY will identify appropriate staff either to be assigned to and participate in the Center's program of permit and regulatory assistance or be designated as the liaison with the Center. d. A designated representative of the CITY will agree to meet, or to be available to • meet, with the permit applicant and serve as the coordinator with the Building and Safety and Planning units, or the units that issue those permits, to ensure timely processing and efficient communications. e. Staff assigned to the Center will be accountable to their originating Departments. The Program Manager will have the authority to decline the assignment of staff to the Center from a participating party. In such case, the participating party shall arrange for a replacement. T L Where appropriate, develop a consolidated permit application form for applicants requiring more than one state or local permit or other approvals for the same facility to incorporate all information required to process permits and other regulatory approvals issued by parties to this agreement. • g. The STATE and the CITY shall provide technical information and regulatory assistance cooperatively, and where applicable, prepare common permit and regulatory assistance materials. 2. PERMIT PROCESSING AND COORDINATION All parties to this agreement further agree, to the extent permitted under existing law, to do the following: a. Process all applications for permits, licenses, variances, and other approvals applicable to a single project within agreed upon time limits. To the extent practicable and beneficial, required public hearings held by the City shall address all permits, licenses, variances, and other approvals to be issued by the State as well. b. Resolve and coordinate administrative appeals for all regulatory and permitting disputes on applications processed pursuant to this agreement in a timely manner. Within an agreed upon time -frame of the effective date of the agreement, the STATE and CITY shall develop, if appropriate, for incorporation into this agreement, written procedures for the resolution of such disputes. C. All parties shall keep each other advised, as appropriate, of any developments affecting the processing of any licenses, variances or other approvals subject to this is agreement through participation in a quarterly Permit Streamlining Advisory Committee to be coordinated by the Center's Program Manager. d. To the maximum extent practicable under law and consistent with agency policy, all parties agree to share relevant information. 3. DISPUTE RESOLUTION Any procedural disputes arising out of this agreement shall be negotiated between the following, with representatives from the affected agencies included: For the STATE: Assistant Secretary for Regulatory Improvement California Environmental Protection Agency For the CITY: City Manager, City of Newport Beach 4. AMENDMENT This agreement may be amended at any time, or from time to time, by one or more written supplemental agreement which shall be integrated into this agreement. • 5. DURATTON Unless otherwise extended in writing, this agreement shall be in full force and effect until January 1, 1998. Any party may withdraw from this agreement 45 days following written notification to the other party(ies). Following notice of a party to withdraw from this agreement, all parties shall endeavor to complete the processing of any applications already filed and subject to this agreement, and shall not accept further applications for processing in accordance with the provisions of this agreement. S i • 6. MISCELLANEOUS PROVISIONS a. It is specifically understood by the parties that this agreement is not a delegation or modification of their respective responsibilities under any applicable provision of law. b. This agreement is made in the State of California under the Constitution and laws • of the State of California and is to be so construed. C. All parties further agree to take whatever steps they deem necessary, including additional agreements or amendments to this agreement, in order to fulfill the purpose of this agreement. d. The requirements of this agreement are severable, and the parties shall comply with each and every provision hereof, notwithstanding the effectiveness of any other provision. Therefore, the parties hereto have caused this agreement to be duly executed on the respective dates set forth below. APPROVED AS TO FORM California Environmental Protection Agency by The City of Newport Beach by Mayor date date I is