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Home My WebLink AboutAGMT - California Environmental Protection Agency (Permit Assistance) 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 Secretary of Environmental Protection on beh, f of the State of California (hereinafter referred to as "STATE "), and the - ity of Seal Beach (hereinafter referred to as "CITY "). RECITALS 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 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 WHEREAS, it is in the public interest to complete these actions in a coordinated and timely manner in order to ensure the environmental, economic, and social needs of the citizens of this County and of the State. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties do hereby agree as follows: Section 1. STATE and CITY Permit Coordination. A) The STATE and CITY shall provide the Permit Assistance Center (Center) with copies of all applicable application forms, permit assistance materials, and other pertinent information materials. C: \ W P51 \CAL -EPA . A G R \LW \ 11 -19 -93 Cal -EPA Agreement re: Permit Assistance Center City of Seal Beach November, 1993 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 Planning units, or those other permit issuing units, 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 a case, the participating party shall arrange for a replacement. F) 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 CITY shall provide technical information and regulatory assistance cooperatively, and where applicable, prepare common permit and regulatory assistance materials. Section 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 C: \WP51 \CAL - EPA.AGR \LW\11 -19 -93 2 1 Cal -EPA Agreement re: Permit Assistance Center City of Seal Beach November, 1993 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 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. Section 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 Seal Beach Section 4. Amendment. This Agreement may be amended at any time, or from time to time, by one or more written supplemental agreements which shall be integrated into this Agreement. Section 5. Duration. 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. Section 6. Notice. Any notice required to be given to the STATE shall be deemed properly given upon personal delivery, or five (5) calendar days following the deposit of same in the U.S. mail, if sent to STATE postage prepaid to: C: \WP51 \CAL- EPA.AGR \LW\11 -19 -93 3 • Cal -EPA Agreement re: Permit Assistance Center City of Seal Beach November, 1993 Assistant Secretary for Regulatory Improvement California Environmental Protection Agency 555 Capitol Mall, Suite 525 Sacramento, CA 95814 or at such address or other address specified to the CITY in writing by STATE. Any notice required to be given to the CITY shall be deemed properly given upon personal delivery or five (5) calendar days following the deposit of same in the U.S. mail, if sent postage prepaid to: City of Seal Beach City Manager 211 Eighth Street Seal Beach, CA 90740 or at such address or other address specified to the STATE in writing by the CITY. Section 7. 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 purposes 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. C: \WP51 \CAL- EPA.AGR \LW\11 -19 -93 4 Cal -EPA Agreement re: Permit Assistance Center City of Seal Beach November, 1993 "STATE" California Environmental Protection Agency By Its: Date: "CITY" City of Seal Beach By :°AA-f, rry Bston Its: City Manager Dat -. L.- ATT APPROVED AS TO FORM: Joanne M. Yeo Quinn M. Barrow i Clerk City Attorney C:\WP51 \CAL- EPA.AGR \LW\11 -19 -93 5