Noticing Exemption

Mahon v. County of San Mateo (2006) 139 Cal.App.4th 812

Essentially: Mahon appeals a summary judgement against him, that his project was not deemed approved under the Permit Streamlining Act (PSA.)  The PSA generally requires an agency generally must approve or disapprove a project within 60 days after its determination that the project is exempt from CEQA.  In  a nutshell: While the agency did not meet the 60 days, the Court determined that while the public was noticed regarding the project, the notice did not state that the would be deemed approved within 60 days if the agency failed to act.  The Court did note that Mahon could have published his own notice with such wording, but he failed to do so.  Interesting article.

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