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.)