Sec. 23A-51. - Private Project Action

The Planning Director shall present the FEIR to the Decision Making Body or to the Planning Commission acting in an advisory capacity. Said Body shall review and consider the information contained in the FEIR. Thereafter, the Decision Making Body may take action on the proposed project.

(Ord. No. 3411 § II.)

Sec. 23A-52. - Private Project Approval: Mandatory Findings and Statement of Overriding Considerations.

(a)

The FEIR shall be certified by the Decision Making Body no later than one (1) year after the project application is accepted as complete except as provided by Section 15109 of the Guidelines. In the event that circumstances justify additional time and the project applicant consents thereto, the one (1) year period may be extended by the Planning Director for an additional ninety (90) days. In the event additional time is needed for combined State and Federal compliance, the one (1) year period may be extended in accordance with Section 15110 of the Guidelines.

(b)

In accordance with Section 15091 of the Guidelines, no Decision Making Body shall approve a private project for which an EIR has been completed which identifies one (1) or more significant effects of the project unless the Decision Making Body makes one (1) or more of the written findings contained in Section 15091(a) of the Guidelines for each of those significant effects. Each such finding shall be accompanied by a statement of the facts supporting the finding. Otherwise, no Decision Making Body shall approve a private project as proposed unless such action is in compliance with Section 15092 of the Guidelines.

(c)

In the event that the Decision Making Body approves a project which will result in the occurrence of significant effects which were identified in the FEIR but are not at least substantially mitigated, the Decision Making Body shall state in writing the specific reasons to support its action based on the FEIR or other information in the record in accordance with Section 15093 of the Guidelines. This statement shall explain how the Decision Making Body balanced the merits of approving the project with the environmental damage which will result.

(d)

In the event that subsequent changes are proposed in a project which will require important revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental impacts not addressed in the previous EIR or Negative Declaration on the project, then a revised environmental document shall be processed in accordance with this ordinance and the information contained therein shall be reviewed and considered prior to approval of said changes.

(Ord. No. 3411 § II.)

Sec. 23A-53. - Procedures Where the Planning Commission Is Advisory Only.

Whenever the authority of the Planning Commission is limited by law or ordinance to making a recommendation regarding a project, it shall perform all of its duties hereunder including reviewing and considering the environmental documents before making a recommendation on the project. The County body with actual decision making authority shall, prior to taking action on the project, review and consider the adequacy of the environmental documents and the information contained therein and make such findings required by Sections 15091, 15092, and 15093 of the Guidelines as may be necessary. The Decision Making Body may hold a public hearing on the environmental documents. In such case notice of any hearing held by the Body with actual decision making authority shall be given by one of the methods set forth in Section 15087 of the Guidelines at least ten (10) days prior to the commencement of the hearing.

(Ord. No. 3411 § II.)

Sec. 23A-54. - EIR: Notice of Determination.

Within five (5) working days of the date of final approval of a private project for which an EIR has been prepared, the Planning Director shall file a Notice of Determination in accordance with Section 15094 of the Guidelines with the County Clerk(s) of the County(ies) in which the project would be located. If the project requires discretionary approval from any State Agency, the Planning Director shall also file a Notice of Determination with the Office of Planning and Research. Upon return of the Notice by the Clerk(s) the Planning Director shall retain the Notice of Determination for at least nine (9) months after posting by the Clerk(s).

(Ord. No. 3411 § II.)

Sec. 23A-55. - Procedures Concerning Appeal.

(a)

The appeal period for decisions as provided in this ordinance is the same as the appeal period for the underlying project unless there is no appeal period specified in which case the appeal period shall be ten (10) days from the date of the decision. In the event that the underlying project includes two (2) or more entitlements with different appeal periods, the appeal period for the environmental decision shall be the shorter(est) of said appeal periods.

(b)

Decisions of the planning director or the zoning administrator when the zoning administrator is acting as the advisory agency under Chapter 25 may be appealed by any person or entity including the applicant, the board of supervisors, and the planning commission. Any such appeal shall include the specific grounds for the appeal and shall be made in writing and filed with the planning director during the above appeal period. Any appeal filed by a person or entity other than a county department, agency, or board shall be

accompanied by the required fee as set by resolution of the board of supervisors. Such appeals shall be heard by the decision making body or the planning commission acting in an advisory capacity.

(c)

Decisions of the decision making body or planning commission acting in an advisory capacity shall be appealable to the board of supervisors by any person or entity including the applicant, the board of supervisors, and the planning commission. Any such appeal shall include the specific grounds for the appeal and shall be made in writing and filed with the planning director during the above appeal period. Any appeal filed by a person or entity other than a county department, agency or board shall be accompanied by the required fee as set by resolution of the board of supervisors.

(d)

If the decision on an environmental document is validly appealed, notice of the hearing regarding the appeal shall be given to the appellant and the applicant and by at least one (1) of the methods set forth in Section 15087 of the Guidelines at least ten (10) days prior to the commencement of the hearing.

(e)

If the decision to approve or disapprove a private project is validly appealed, and the appellate body is required to hold a de novo hearing on the project, then the appellate body shall, prior to making its decision on the private project, hear testimony, if any, regarding the adequacy of the environmental documents and shall review and consider the information contained in the environmental documents. If the appellate body approves the project, it shall also make such findings required by Sections 15091, 15092, and 15093 of the Guidelines as may be necessary. Notice of the hearing regarding any appeal shall be given to the appellant and applicant and by at least one (1) of the methods set forth in Section 15087 of the Guidelines at least ten (10) days prior to the commencement of the hearing.

(Ord. No. 3411 § 2)

(Ord. No. 6523, § VI(Exh. C), 6-3-2025)

Sec. 23A-56 through 23A-59. - Reserved.

(Ord. No. 3411 § 2.)

Article IV. - County as Responsible Agency.

Sec. 23A-60. - County's duties as responsible agency.

(a)

The county shall review and comment on any DEIR or Negative Declaration for a project for which the county will later be asked to approve of any part.

(b)

In the response to consultations, the county shall explain its reasons for recommending whether the lead agency should prepare an EIR or Negative Declaration for a project. Where the County disagrees with the lead agency's proposal to prepare a Negative Declaration for a project, the county should identify the significant environmental effects it believes could result from the project and recommend either that an EIR

be prepared or that the project be revised to avoid or mitigate all significant effects to a point where 1) clearly no significant effects would occur or 2) there is no substantial evidence that significant effects would occur.

(c)

As soon as possible after receiving a notice of preparation of an EIR but in any event no later than forty-five (45) days after receiving such notice, the county shall inform the lead agency in writing sent by certified mail or equivalent procedure of the scope and context of the environmental information that the county would need in an EIR.

(d)

The decision of the lead agency as to whether to prepare an EIR or a Negative Declaration shall be final and conclusive unless the decision is challenged as provided in Public Resources Code Section 21167 or circumstances change as provided in Section 15162 of the Guidelines. A FEIR or a Negative Declaration prepared by a lead agency shall be conclusively presumed to comply with the Act and Guidelines for purposes of use by the county as a responsible agency if the county was consulted pursuant to Section 15073 or 15086 unless either a legal challenge is filed pursuant to Public Resources Code Section 21167 or a Subsequent EIR is made necessary by Section 15162 of the Guidelines.

(e)

Prior to reaching its decision on the project, the county shall consider the environmental effects of the project as shown in the environmental documents. If an EIR has been prepared for the project and such EIR indicates a significant effect of activities which the county will carry out or approve in the project, the county will ensure that such effects are avoided or mitigated as in (b) above. In approving any portion of the project, the county shall make the findings required by Section 15091 and 15092 of the Guidelines for each significant effect of the project and, if necessary, shall make a statement of overriding considerations in accordance with Section 15093 of the guidelines.

(f)

Whenever the county is the responsible agency for a project, it shall approve or disapprove any portion of the project without unreasonable delay but within whichever of the following time periods is longer: within one hundred eighty (180) days of the date on which the lead agency has approved the project, or, within one hundred eighty (180) days of the date on which the application for the project has been accepted as complete by the county.

(g)

Upon county approval of any portion of the project, the county shall file a notice of determination in the same manner as if it were the lead agency.

(Ord. No. 3411 § 2.)

Sec. 23A-61. - Shift to lead agency responsibilities.

Should those conditions set forth in Section 15052 of the Guidelines occur, the county shall begin to act as lead agency for the project.

(Ord. No. 3411 § 2.)

Sec. 23A-62. - Delegation of county's duties.

The planning director with consultation from affected county departments shall be responsible for carrying out the above duties of the county as a responsible agency.

(Ord. No. 3411 § 2.)

Article V. - Mitigation Monitoring.

Sec. 23A-63. - Applicability to public and private projects.

The lead department for public projects and the planning director for private projects shall have the authority and responsibility in accordance with the standards delineated in Section 21081.6 of the Public Resources Code to prepare and implement a mitigation monitoring plan for all development projects.

(Ord. No. 4430 § 1, 1991.)

Sec. 23A-64. - Purpose of the mitigation monitoring plan.

(a)

The purpose of the mitigation monitoring plan is to assure that all conditions of project approval, identified either in the Negative Declaration or in the Environmental Impact Report, are carried out in the manner intended by the conditions.

(b)

In the case of private projects, the project applicant may be required by the planning director to be responsible for payment of fees to assure mitigation measures are properly carried out.

(Ord. No. 4430 § 1, 1991.)

Sec. 23A-65. - Contents of the mitigation monitoring plan.

(a)

The mitigation monitoring plan shall include the following:

(1)

Mitigation measure, or condition, to be monitored.

(2)

Method of monitoring and reporting;

(3)

Responsibility for signing off that the mitigation measure was implemented as intended;

(4)

Identification of mitigation measures that are ongoing and require periodic monitoring.

(Ord. No. 4430 § 1, 1991.)

Sec. 23A-66. - Roles and responsibilities.

(a)

It shall be the responsibility of the decision-making body to review and approve a proposed mitigation monitoring plan. The plan shall be approved at the time of action on the project.

(b)

It shall be the responsibility of the lead department for public projects and the planning director for private projects to prepare and to implement the mitigation monitoring plan.

(Ord. No. 4430 § 1, 1991.)

CHAPTER 25 - SUBDIVISIONS[[1]]

Footnotes:

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For Subdivision Map Act, see Gov. Code § 66410 et seq. As to building regulations, see Ch. 7. As to compliance with subdivision and zoning regulations prerequisite to issuance of building permits, etc., see § 7-6. As to fees to be paid as condition to subdivision, etc., of land under Copeland Creek drainage plan, see §§ 11-20 to 11-22.

Article I. - General Provisions.