Chapter 4 — APPEALS OF ENVIRONMENTAL DETERMINATIONS

It is the purpose of this Chapter to implement the provisions of paragraph (c) of Section 21151 of the Public Resources Code, to provide for appeals to the Board of Supervisors from certain environmental determinations. (Added by Ord. No. 9548 (N.S.), effective 5-9-03)

As used in this chapter, the following terms shall have the following meanings:

(a) "Environmental determination" shall mean a decision by any nonelected County decision maker, to certify an environmental impact report, approve a negative declaration or mitigated negative declaration, or determine that a project is not subject to the California Environmental Quality Act (Pub. Res. Code Sec. 21000 et seq.; "CEQA").

(b) "Lower decision maker" shall mean the nonelected County decision maker whose environmental determination is appealed under this Chapter.

(c) "Project decision" shall mean a decision by a lower decision maker to approve, conditionally approve or deny an application or proposal for which an environmental determination is a prerequisite under CEQA. (Added by Ord. No. 9548 (N.S.), effective 5-9-03)

Notwithstanding other provisions of this Code, any person may appeal an environmental determination to the Board of Supervisors, provided that:

(a) No other appeal of the environmental determination is provided under the applicable law or ordinance to a County decision maker subordinate to the Board of Supervisors; and

(b) If the environmental determination is associated with a project decision, no appeal under this Chapter shall be filed until the project decision has been made and all available administrative appeals of the project decision have been exhausted.

(Added by Ord. No. 9548 (N.S.), effective 5-9-03)

The appeal of the environmental determination shall be filed as follows:

(a) The appeal shall be in writing and shall be filed in the office of the lower decision maker;

(b) The appeal shall clearly specify the grounds upon which the appellant claims the lower decision maker's environmental determination was made in error; all grounds must be specified in the appeal; no additional grounds not stated in the appeal will be considered;

(c) All documentation or other evidence in support of the appeal must be filed with the appeal; no further documentation or evidence will be received or analyzed by staff prior to the Board of Supervisors consideration of the appeal;

(d) The appeal shall be accompanied by an appeal fee in the amount specified in Section 362.1(a), ("APPEALS - To Board of Supervisors") of the Administrative Code; and

(e) The appeal shall be filed within 10 days after the date of the environmental determination or the associated project decision, whichever is later.

(Added by Ord. No. 9548 (N.S.), effective 5-9-03)

The filing of the appeal shall stay the proceedings and effective date of the lower decision maker's project decision pending resolution of the appeal. The lower decision maker, or its secretary or clerk, shall docket the appeal with the Board of Supervisors for consideration at the next available land use meeting. (Added by Ord. No. 9548 (N.S.), effective 5-9-03)

• (a) The Board of Supervisors shall consider the appeal and shall:

• (1) Deny the appeal and uphold the environmental determination;

• (2) Grant the appeal and make a superseding environmental determination; or

• (3) Grant the appeal and remand the environmental determination to the lower decision maker for

reconsideration, with any direction or instruction the Board deems appropriate.

• (b) The Board may, but is not required to, conduct a noticed public hearing on the appeal.

• (c) If the Board of Supervisors upholds the environmental determination, the lower decision maker's project decision shall become effective immediately.

(d) If the Board of Supervisors grants the appeal, the lower decision maker's project decision shall be deemed vacated, and:

(1) If the Board of Supervisors has made a superseding environmental determination, the lower decision maker shall reconsider its project decision in view of the action of the Board of Supervisors; or

(2) If the Board of Supervisors has remanded the environmental determination to the lower decision maker, the lower decision maker shall reconsider its environmental determination and its project decision in view of the action and any direction or instruction from the Board of Supervisors.

(Added by Ord. No. 9548 (N.S.), effective 5-9-03)