SECTIONS 41721-41721.5 - California Statutes

PUBLIC RESOURCES CODE

SECTION 41721-41721.5

41721. The countywide siting element shall be approved by the
county and by a majority of the cities within the county which
contain a majority of the population of the incorporated area of the
county except in those counties which have only two cities, in which
case the element is subject to approval of the city which contains
the majority of the population of the incorporated area of the
county. Each city shall act upon the countywide siting element within
90 days after receipt of the siting element. If a city fails to act
upon the siting element within 90 days after receiving the siting
element, the city shall be deemed to have approved the siting element
as submitted.

41721.5. (a) Any amendments to the countywide siting element shall
be approved by the county and by a majority of the cities within the
county which contain a majority of the population of the incorporated
area of the county except in those counties which have only two
cities, in which case the amendment is subject to approval of the
city which contains the majority of the population of the
incorporated area of the county.
(b) Any person or public agency proposing the development of a
solid waste disposal or transformation facility may initiate an
amendment to the countywide siting element by submitting a site
identification and description to the county board of supervisors.
(c) The county shall submit the site identification and
description to the cities within the county within 20 days after the
site identification and description is submitted to the county board
of supervisors. Each city shall act upon the proposed amendment
within 90 days after receipt of the proposed amendment. If a city
fails to act upon the proposed amendment within 90 days after
receiving the amendment, the city shall be deemed to have approved
the proposed amendment as submitted.
(d) If the county or a city disapproves the proposed amendment,
the county or city shall mail notice of its decision by first-class
mail to the person or public agency proposing the amendment within 10
days of the disapproval, stating its reasons for the disapproval.
(e) No county or city shall disapprove a proposed amendment unless
it determines, based on substantial evidence in the record, that the
amendment would cause one or more significant adverse impacts within
its boundaries from the proposed project.
(f) Within 45 days after the date of disapproval by the county or
a city of a proposed amendment, or a decision by the board not to
concur in the issuance, modification, or revision of a solid waste
facilities permit pursuant to Section 44009, any person may file with
the superior court a writ of mandate for review of the disapproval
or the decision. The evidence before the court shall consist of the
record before the county or city which disapproved the proposed
amendment or the record before the board in its determination not to
concur in issuance, modification, or revision of the solid waste
facilities permit. Section 1094.5 of the Code of Civil Procedure
shall govern the proceedings conducted pursuant to this subdivision.