These procedures shall apply to public projects directly carried out by county departments as well as private projects requiring county discretionary approvals, permits or funding. All activities that are initiated by the county, are funded in whole or part by the county, or require discretionary approvals or permits from the county are subject to CEQA review. Most development activities that are not exempt from CEQA will be reviewed or processed by the planning department and approved by the planning commission. All projects carried out by, approved by, permitted by or funded by the Inyo County water department shall be approved by the Inyo County water commission. When a particular county officer or commission by state statute or county ordinance is expressly charged with the responsibility as a CEQA lead agency for the preparation and/or approval of CEQA documents for specific projects, such officers or commissions shall carry out such responsibility in accordance with this title. In such cases, the planning department and planning commission may be relieved of their obligations under this chapter.
(Ord. 957 § 1, 1995)
When the county plans to carry out a nonexempt public project, the sponsoring agency shall prepare an environmental information form and related application materials for review and processing by the planning department. The planning department shall review the environmental information form, prepare an initial study, and recommend to the sponsoring agency whether a negative declaration or EIR is required. Should a disagreement occur between the planning department and sponsoring agency over the initial study finding or recommendation, a consultation on the initial study will be convened within ten working days following receipt of the recommendation by the sponsoring agency. Issues raised in regard to the finding or recommendation shall be resolved in a meeting between the planning department and the sponsoring agency. If that meeting does not resolve the disagreement, the planning department and the sponsoring agency shall refer the matter to the planning commission for determination.
(Ord. 957 § 1, 1995)
Where a nonexempt private project is subject to discretionary approvals, permits or funding by the county, the applicant shall prepare an environmental information form and related application materials for review by the planning department.
(Ord. 957 § 1, 1995)
When two or more departments of the county are involved with a project, the sponsoring agency shall be determined by the following criteria:
A. 
If the project is to be carried out by a department of the county or dependent special district, the sponsoring agency shall be the department or dependent special district that proposes to carry out the project.
B. 
Where the project is proposed by an applicant other than the county or a dependent special district, the sponsoring agency shall be the department with the authority to process or grant permits or the department with the greatest responsibility for supervising, approving or causing the approval by a decision-making body of the project as a whole.
C. 
In the event that designation of a sponsoring agency is in dispute among departments of the county, any department may submit the question to the board of supervisors, which shall designate the sponsoring agency.
(Ord. 957 § 1, 1995)
A. 
To provide an environmental review process that is timely, coordinated, efficient and integrated with the normal planning review process pursuant to Section 15002 of the State CEQA Guidelines, the board of supervisors designates the Inyo County planning commission as the environmental review board and lead environmental agency for all county projects for the purpose of CEQA review and processing, with the exception of the projects identified in subsection (B) of this section.
B. 
The Inyo County water commission is the county agency for the purpose of CEQA review and processing on all projects permitted, carried out, approved, funded or processed by the Inyo County water department. Hereafter, with regard to all projects carried out, approved or permitted by the Inyo County water department, whenever the term "planning commission" is used, it shall be understood to mean the Inyo County water commission.
C. 
Pursuant to Section 15025 of the State CEQA Guidelines, the planning commission shall be responsible for the environmental review of all county projects. Specifically, the planning commission shall be responsible for the following CEQA reviews, determinations, findings and other required actions:
1. 
Soliciting public and agency comments on negative declarations and draft EIRs, including holding public hearings;
2. 
The approval of responses to comments received during the review of proposed negative declarations and the adoption of negative declarations for projects not found to have a potentially significant adverse effect on the environment, when the planning commission is the decision-making body;
3. 
The approval of responses to comments received during the review of mitigated negative declarations and the adoption of mitigated negative declarations for projects found to have a potentially significant effect on the environment for which specific mitigation measures (when incorporated into the project) will adequately reduce the project's significant effects to insignificance, when the planning commission is the decision-making body;
4. 
The approval of responses to comments received during the review of draft EIRs and the certification of final EIRs, when the planning commission is the decision-making body;
5. 
The incorporation of mitigation measures into conditions of project approval when the planning commission is the decision-making body, and the recommendation of same to the decision-making body when that body is not the planning commission;
6. 
The recommendation for certification of EIRs or adoption of negative declarations and mitigated negative declarations to the decision-making body when that body is not the planning commission;
7. 
The review and comment on environmental documents submitted to Inyo County by other agencies for comment;
8. 
Other activities necessary to carry out Inyo County's responsibilities pursuant to CEQA and the State CEQA Guidelines.
(Ord. 957 § 1, 1995)
A. 
The planning department shall serve as the administrative staff to the planning commission. The Inyo County water department shall serve as the administrative staff to the water commission on all projects carried out, approved, permitted, funded or processed by the Inyo County water department.
B. 
The planning department shall assist the planning commission in administering the environmental review process, collecting and analyzing information, making recommendations, and, in general, advising the planning commission in its determinations. Specifically, the planning department shall be responsible for the following actions:
1. 
Preparing all necessary applications, questionnaires and forms required to implement the Inyo County CEQA procedures;
2. 
Collecting and maintaining a database to provide environmental information for use by the planning commission, planning department and other county departments;
3. 
Consulting with other public and private departments, agencies, groups and individuals to solicit information, comments and expertise that will assist in evaluating proposed projects;
4. 
Determining statutory and categorical exemptions for all private projects and assisting other county departments and agencies in doing so for public projects;
5. 
Preparing initial studies as a preliminary evaluation of whether a project may have a potentially significant adverse effect on the environment;
6. 
Acquiring additional information, when necessary, to reasonably determine whether a project may have a potentially significant adverse effect on the environment;
7. 
Based on the analysis contained in the initial study, determining an appropriate course of action regarding the need for additional information or the issuance of a negative declaration, mitigated negative declaration, or draft EIR;
8. 
Preparing or overseeing preparation of negative declarations, mitigated negative declarations, or draft EIRs either directly by planning department staff or by appropriately qualified consultants;
9. 
Reviewing administrative (precirculation) draft and final EIRs and determining their accuracy, objectivity and adequacy before making them available to the public;
10. 
Soliciting written public and agency comments on environmental documents during the review period;
11. 
Preparing negative declarations and final EIRs and making recommendations to the planning commission on their adequacy for adoption;
12. 
Filing all public and other notices required pursuant to the State CEQA Guidelines;
13. 
Taking all other actions pursuant to the administration of CEQA and these procedures necessary to assist the planning commission.
(Ord. 957 § 1, 1995)
Applicants shall be responsible for the following:
A. 
The submission of all data and information deemed necessary by the planning department or the planning commission for the preparation and completion of initial studies, negative declarations and EIRs;
B. 
The payment of all fees required for the preparation and review of initial studies, negative declarations and EIRs for private projects in accordance with the Inyo County fee schedule;
C. 
The payment of all costs associated with the preparation of initial studies, negative declarations and EIRs for private projects when prepared by planning department staff or by an appropriately qualified consultant under contract to the county.
(Ord. 957 § 1, 1995)
A. 
The various departments and processing agencies of the county shall be responsible for the determination and administration of statutory and categorical exemptions. Statutory and categorical exemptions shall be determined administratively, provided that any county department or agency may submit a proposed project to the planning department or planning commission to assist in determining CEQA applicability when the department or agency is uncertain of the project's CEQA status.
B. 
Each county department or agency shall be responsible for preparing environmental documents. All environmental documents shall be submitted to the planning department for review prior to the planning department transmittal to the planning commission. The planning department shall assist any department or agency in obtaining an appropriately qualified consultant when that department or agency lacks the expertise or capability to prepare an adequate draft EIR.
C. 
When a particular county officer or commission by state statute or county ordinance is expressly charged with the responsibility as a CEQA lead agency for the preparation and/or approval of CEQA documents for specific projects, such officers or commissions shall carry out such responsibility in accordance with this title. In such cases, the planning department and planning commission may be relieved of their obligations under this chapter.
(Ord. 957 § 1, 1995)
Pursuant to the environmental policies of CEQA and the county, the decision-making body shall consider the information, conclusions and recommendations contained in the environmental documents before reaching a decision to approve or disapprove a project. Specifically, the decision-making body shall be responsible for the following when considering a project subject to CEQA and these procedures:
A. 
The decision-making body shall independently review environmental documents to ensure that the documents are adequate and reflect the county's opinion prior to release to the public.
B. 
The decision-making body shall consider the proposed negative declaration or mitigated negative declaration together with any comments received during the public review process. The decision-making body shall adopt the negative declaration or mitigated negative declaration if it finds, on the basis of the initial study, implementation of mitigation measures, and any comments received, that there is no substantial evidence that the project will have a significant adverse effect on the environment pursuant to Section 15074(b) of the State CEQA Guidelines.
C. 
The decision-making body shall certify that environmental documents, including final EIRs, have been completed in compliance with CEQA, pursuant to Section 15090(a) of the State CEQA Guidelines.
D. 
The decision-making body shall certify that it has reviewed and considered the information contained in the final EIR before approving a project pursuant to Section 15090(b) of the State CEQA Guidelines.
E. 
The decision-making body shall make one or more of the CEQA findings and supporting statement of fact, as detailed in Section 15091 of the State CEQA Guidelines, when the decision-making body determines to carry out and approve a project for which an EIR has identified one or more significant adverse effects.
F. 
The decision-making body shall make the statement of overriding considerations, as detailed in Section 15093 of the State CEQA Guidelines, when the decision-making body approves a project that would result in unavoidable adverse environmental effects.
G. 
The decision-making body shall, to the fullest extent possible, adopt and incorporate feasible mitigation measures that have been identified in environmental documents and are designed to avoid or substantially reduce significant effects, pursuant to Section 15021 of the State CEQA Guidelines.
(Ord. 957 § 1, 1995)