Sec. 23A-11. - Authority and Responsibility of Lead Department.

(a)

The Lead Department shall have the authority and responsibility in accordance with the standards delineated in the Act and the Guidelines and all applicable ordinances and resolutions of the Board to do the following:

(1)

to determine whether or not an action is a public project in accordance with Section 15378 of the Guidelines;

(2)

to determine those instances where it can be seen with certainty that the public project will not have a significant effect semi-color on the environment;

(3)

to determine whether or not a public project is a special situation pursuant to Article 12 or is exempt pursuant to Articles 18 and 19 of the Guidelines;

(4)

to conduct an Initial Study;

(5)

to prepare a Negative Declaration or an EIR;

(6)

to provide public notices;

(7)

to prepare responses to public comments;

(8)

to file notices, including Notices of Determination, Notices of Preparation, Notices of Completion and Notices of Exemption;

(9)

to carry out such other duties as are necessary to comply with State and local law and regulations.

(10)

In the event that the Lead Department determines with certainty that either the public project will not have a significant effect on the environment or the public project is exempt pursuant to Articles 18 and 19 of the Guidelines, the Lead Department may file a Notice of Exemption in accordance with Section 15062 of the Guidelines with the County Clerk of the county in which the project will be located. The decision of the Lead Department to file a Notice of Exemption may be appealed as provided in Section 23A-28(b).

(c)

Each Lead Department shall maintain a special notice list containing the names and addresses of all persons requesting special notice of either (1) meetings of the Committee (2) the preparation of a Negative Declaration or (3) the preparation of a Draft Environmental Impact Report (DEIR) concerning public projects sponsored by that Department. Each person requesting special notice shall (1) pay a reasonable annual fee to be determined by resolution of the Board to cover costs, and (2) make written request for special notice to the Lead Department and obtain a receipt issued by the Lead Department indicating that special notice has been requested. Payment of fees for special notice shall be made directly to the Lead Department which shall maintain a separate notice list, a separate file of written requests, and a separate file of copies of the receipts of requests for special notice as issued by the Lead Department. After a person makes written request, pays the required fee and obtains a receipt issued by the Lead Department, that person's name and address will be placed on that Department's special notice list until the following December 31st. On or before December 1 of each year, the Lead Department shall send notice to each person on the list. Said notice shall state that the payment of the annual fee to the Lead Department and an additional written request for special notice will be required if that person's name and address is to remain on the Department's special notice list. In the event that the fee and request are not submitted by December 31st, the name of that person shall be stricken from the Department's special notice list.

(Ord. No. 3411 § II.)

Sec. 23A-12. - Initial Study and Referral to Committee.

(a)

In the event that the public project is subject to the Act, Guidelines, and this ordinance, then the Lead Department shall conduct an Initial Study in accordance with Section 15063 of the Guidelines. To the maximum extent possible, the Lead Department shall consult with Responsible Agencies, Departments and Trustee Agencies responsible for resources affected by the project. The Lead Department shall consult with the Planning Director prior to preparation of the Initial Study and shall also consult with any persons or entities which it believes would be concerned with the environmental effects of the project. The Lead Department shall keep a record of all consultations made during preparation of the Initial Study. Upon completion of the Initial Study, the Lead Department shall refer the project and Initial Study to the Committee.

(b)

The Lead Department shall provide notice of meetings of the Committee to all persons and entities who have requested notice pursuant to Section 23A-11(c).

(Ord. No. 3411 § II.)

Sec. 23A-13. - Authority and Responsibility of Committee.

(a)

The Committee shall determine on the basis of the Initial Study and in accordance with the standards delineated in the Act, Guidelines, and this ordinance, whether or not the public project may have a significant effect on the environment.

(b)

In the event that the Committee determines that the public project will not have a significant effect on the environment, then the Committee shall direct the Lead Department to prepare a Negative Declaration which shall include the information required by Section 15071 of the Guidelines.

(c)

The Committee may recommend mitigation measures which, if included as part of the project, would substantially reduce or avoid any potentially significant adverse effects of a project identified in the Initial Study. In the event that the project is so revised by agreement of the Lead Department in accordance with Section 15070 of the Guidelines and the Committee determines that all of the potentially significant adverse effects of the project identified in the Initial Study are mitigated to a point where 1) no clearly significant effects would occur or 2) there is no substantial evidence that the project as revised may have a significant effect on the environment, the Committee shall direct the Lead Department to prepare a Negative Declaration in accordance with Section 15071 of the Guidelines.

(d)

In the event that the Committee determines that the public project may have a significant effect on the environment, then the Committee shall determine the scope of the required EIR and shall direct the Lead Department to prepare the EIR or to contract for its preparation. If there is a previously prepared EIR which the Committee determines to be applicable to the project, the Committee shall direct the Lead Department to utilize said EIR to the extent possible. A Subsequent or Supplemental EIR shall only be required upon a finding that specified conditions set forth in Sections 15162 and 15163 of the Guidelines are met.

(Ord. No. 3411 § II.)

Sec. 23A-14. - Negative Declaration: Public Notice and Review

(a)

In accordance with Sections 15072 and 15073 of the Guidelines, the Lead Department shall provide notice to the public of the preparation of a Negative Declaration at least ten (10) days prior to final adoption of the Negative Declaration by the Board of Supervisors unless the project will be considered by the Planning Commission pursuant to Sec. 23A-15 in which case the Lead Department shall provide such public notice at least ten (10) days prior to the Planning Commission's consideration. In either case, notice shall at minimum, state the name and location of the proposed project, the name and address of the Department where the Negative Declaration and written comments, if any, can be reviewed, where written comments should be sent and the deadline for receiving all written comments. Notice shall also describe the nature of the project in a manner that can reasonably be understood by the lay public. Notice shall also be provided to all persons and entities who have requested notice pursuant to Section 23A-11(c).

(b)

The Lead Department shall provide notice of a proposed Negative Declaration to every Responsible agency and Trustee agency concerned with the project and every other public agency with jurisdiction by law over natural resources affected by the project. In the event that the Negative Declaration must be submitted to the State Clearinghouse for review pursuant to Sections 15073, 15205, and 15206 of the Guidelines, the noticed review period shall be at least thirty (30) days unless a shorter period is approved by the Clearinghouse.

(Ord. No. 3411 § II.)

Sec. 23A-15. - Negative Declaration Public Project Decision.

(a)

If the public project is one which requires a determination under Government Code Section 65402 or is listed in Sec. 23A-4(v)(4), the Negative Declaration together with any written comment(s) thereon shall be made available by the Lead Department to the Planning Commission for its consideration and review unless the Planning Director waives the public hearing requirement pursuant to Board of Supervisors Resolution #65734. Thereafter, the Negative Declaration, written comments thereon, and Planning Commission recommendations shall be submitted to the Board of Supervisors prior to the Board's final action. In the event that the project does not require a determination under Government Code Section 65402 and is not included under Sec. 23A-4(v)(4), the Negative Declaration and written comments thereon shall be submitted directly to the Board of Supervisors by the Lead Department with the comments of the Planning Director.

(b)

The Board of Supervisors shall review and consider the Negative Declaration and comment(s), if any, and either adopt or reject the Negative Declaration prior to making a decision on the public project. If the Board of Supervisors rejects the Negative Declaration, then the Board may refer the project to the Lead Department for preparation of an Environmental Impact Report or disapprove the project. If the Board adopts the Negative Declaration, then it may proceed to approve or disapprove the public project.

(c)

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-16. - Negative Declaration: Notice of Determination.

Within five (5) working days of the date of final approval by the Board of Supervisors of a public project for which a Negative Declaration has been adopted, the Lead Department shall file a Notice of Determination in accordance with Section 15075 of the Guidelines with the County Clerk(s) of the County(ies) in which the public project will be located. If the project requires discretionary approval from any State agency, the Lead Department shall also file a Notice of Determination with the Office of Planning & Research. Upon return of the Notice by the Clerk(s), the Lead Department shall retain the Notice of Determination for at least nine (9) months after posting by the Clerk(s).

(Ord. No. 3411 § II.)

Sec. 23A-17. - EIR: Responsibility of the Lead Department.

After receiving direction to prepare an EIR, the Lead Department shall either (1) prepare an EIR or (2) engage the services of an outside consultant for the purpose of preparing an EIR. The EIR shall be prepared in accordance with Articles 9, 10, and 11 of the Guidelines.

(Ord. No. 3411 § II.)

Sec. 23A-18. - DEIR: Notice of Preparation.

The Lead Department shall send to each Responsible Agency a Notice of Preparation stating that an EIR will be prepared. This notice shall also be sent to every federal agency involved in approving or funding the project and to those trustee agencies responsible for natural resources affected by the project. Pursuant to Section 15082(b) of the Guidelines, responses to the Notice of Preparation should be accepted as soon as possible but not later than forty-five (45) days after the Notice of Preparation is sent out. The Notice of Preparation shall meet the requirements of Section 15082(a) of the Guidelines and shall be sent by certified mail or other method of transmittal which provides a record of receipt of the notice by each agency The Lead Department or consultant may begin preparation of but may not complete the DEIR prior to receiving all of the responses to the Notice of Preparation.

(Ord. No. 3411 § II.)

Sec. 23A-19. - DEIR: Early Consultation

Prior to completing a DEIR, the Lead Department should, in accordance with Section 15083 of the Guidelines, consult directly with any person or entity which it believes would be concerned with the environmental effects of the project. The Lead Department should further consult with the appropriate federal agency whenever there is federal involvement with the project in order to determine whether or not an EIS will be required. If both an EIR and an EIS are required, the documents should be prepared jointly, if possible, in accordance with Article 14 of the Guidelines.

(Ord. No. 3411 § II.)

Sec. 23A-20. - DEIR: Notice of Completion.

When the DEIR is completed, the Lead Department shall file a Notice of Completion with the State Office of Planning and Research or State Clearinghouse as provided in Section 15085 of the Guidelines and Public Resources Code 21161. The Lead Department shall also consult with and seek to obtain comments on the DEIR from each Responsible Agency and Trustee or other agencies with authority over resources which may be affected by the project, and should so consult with any person or entity which it believes would have special expertise or special concern with respect to any environmental impact involved.

(Ord. No. 3411 § II.)

Sec. 23A-21. - DEIR: Public Notice.

When the Lead Department sends out a Notice of Completion pursuant to Section 234-20 it shall also provide public notice of the completion of the DEIR in accordance with Section 15087 of the Guidelines. The notice shall, at a minimum, state the name and location of the proposed project, the name and address of the department where the DEIR and written comments, if any, can be reviewed, where written comments should be sent and the deadline for receiving all written comments. Notice shall also describe the nature of the project in a manner that can reasonably be understood by the lay public. Notice shall be provided to all persons and entities who have requested notice pursuant to Section 23A-11(c).

(Ord. No. 3411 § II.)

Sec. 23A-22. - DEIR: Public Review.

Sufficient time shall be provided for public review of the DEIR. The review period should not be less than thirty (30) days after the notices required by Sec. 23A-20 and 21 have been given. However, where review by State agencies through the State Clearinghouse is required pursuant to Sections 15205 and 15206 of the Guidelines, the review period shall not be less than forty-five (45) days unless the Clearinghouse authorizes a shorter period.

(Ord. No. 3411 § II.)

Sec. 23A-23. - DEIR: Public Hearing.

(a)

"Unless another person or public body is designated by resolution of the Board of Supervisors, the Planning Commission shall conduct a public hearing on the DEIR for the public project. When a person or body other than the Planning Commission is directed to conduct the hearing, that person or body shall perform the functions of the Planning Commission set forth in Section 23A-25. The purpose of the hearing is to receive comments on the adequacy of the DEIR. The public hearing should not be held during the public review period described in Section 23A-23 unless said review period is greater than thirty (30) days, in which case the public hearing may be held after the expiration of thirty (30) days from the date that the Notice of Completion of DEIR is given pursuant to Section 23A-21 and 23A-22. To the maximum extent possible, the hearing shall be combined with the Planning Commission or other hearings on the project."

(Ord. No. 3855, 1988.)

(b)

Notice of the public hearing on the DEIR shall be provided either along with the Notice of Completion or, at the discretion of the Lead Department, by separate notice. In the event that the Lead Department elects to provide separate notice of the public hearing on the DEIR, then said notice shall be given by one of the methods set forth in Section 15087 of the Guidelines at least ten (10) days prior to commencement of the public hearing.

(c)

The Commission or other hearing body may continue the hearing from time to time and place to place while making every effort to expedite the hearing procedures. The Lead Department shall ensure that a record is kept of the public hearing. A staff member of the Lead Department, or consultant, shall be present during the hearing to discuss the DEIR.

(Ord. No. 3411 § II.)

Sec. 23A-24. - Preparation of Final EIR.

After the review period has expired and after the public hearing is closed, the Lead Department (or consultant, if any) shall evaluate the comments and prepare a written response to the comments received and prepare a Final EIR pursuant to Sections 15088 and 15089 of the Guidelines and containing the elements set forth in Section 15132 of the Guidelines.

(Ord. No. 3411 § II.)

Sec. 23A-25. - Public Project Action.

(a)

The Lead Department shall present the FEIR to the Planning Commission. At any time after the expiration of the review period and after reviewing and considering the information contained in the Final EIR, the Planning Commission may make its recommendations to the Board of Supervisors regarding the EIR and the public project.

(b)

The Lead Department shall present the Final EIR and recommendations of the Planning Commission to the Board of Supervisors prior to the Board's approval or disapproval of the public project. After reviewing and considering the adequacy of the Final EIR and the information contained therein the Board may approve or disapprove the proposed public project.

(Ord. No. 3411 § II.)

Sec. 23A-26. - Public Project Approval: Mandatory Findings and Statement of Overriding Considerations.

(a)

In accordance with Section 15091 of the Guidelines, the Board of Supervisors shall not approve or carry out a public project for which an EIR has been completed which identifies one or more significant effects of the project unless the Board makes one 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, the Board shall not approve or carry out a public project as proposed unless it acts in accordance with Section 15092 of the Guidelines.

(b)

In the event the Board of Supervisors 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 Board of Supervisors 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 Board of Supervisors balanced the merits of approving a project with the environmental damage which will result.

(c)

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-27. - EIR: Notice of Determination

Within five (5) working days of the date of final Board of Supervisors' approval of a public project for which an EIR has been prepared, the Lead Department 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 public project would be located. If the project requires a discretionary approval from any state agency, the Lead Department shall also file a Notice of Determination with the Office of Planning and Research. Upon return of the Notice by the Clerk(s), the Lead Department shall retain the Notice of Determination for at least nine (9) months after posting by the Clerk(s).

(Ord. No. 3411 § II.)

Sec. 23A-28. - 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 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 Lead Department may be appealed by any person or entity including the Board of Supervisors, the Planning Commission, and the Board of Zoning Adjustments. 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 Committee.

(c)

Decisions of the Committee shall be appealable by any person or entity entitled to appeal the Lead Department's decision to the Committee and by the Lead Department. An appeal shall be made in the same manner and within the same time frame as an appeal to the Committee. Such appeals shall be heard by the Planning Commission.

(d)

Decision of the Planning Commission shall be appealable to the Board of Supervisors by any person or entity entitled to appeal the Committee's decision to the Planning Commission. An appeal to the Board shall be made in the same manner and within the same time frame as an appeal to the Commission.

(e)

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 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-29 through 23A-34. - Reserved.

(Ord. No. 3411 § II.)