Chapter: 19.04 Environmental Guidelines and Procedures
Sections: 19.04.090 Procedures.
A.
Prior to Formal
Application. Persons who wish to pursue any project which may come under the
jurisdiction of the lead agency may discuss the potential requirements for
environmental evaluation and review with the planning department. The
department will assist all such persons in reviewing county and state
guidelines.
B.
Applications. As part of
the initial application, the project proponent shall submit as part of the
application a completed information sheet and an initial study information form. These forms
are to be supplied by the planning department.
C.
Environmental Review Committee.
1.
The county shall require
the most expedient form of environmental document sufficient to serve as an
informational document in the decision making process. Any project which does
not qualify under Section 19.04.070 of this chapter will be reviewed by ERC and
a recommendation shall be forwarded to the lead agency on the proper
environmental document required. The ERC may also review exempt projects and
activities for conformance to Section 19.04.070.
2.
The ERC shall review an
application by a project sponsor at its next regular meeting after submission
of the application to the planning department. An application is not complete
until all information sufficient for the ERC to make a recommendation is
submitted.
3.
The environmental
checklist initial study shall be used by the ERC to aid in determining what
level of environmental document is to be required. If an EIR is required, the
checklist shall serve to focus the EIR on the relevant issues. The checklist
may also be used by the ERC to be addressed by the applicant in the form of an
expanded initial study when additional information is required prior to acting
on a recommendation for an environmental document. Expanded initial studies
shall be reviewed by the ERC for their adequacy prior to action by the ERC on
the environmental document.
4.
The ERC shall forward to
the lead agency and the applicant, in the form of summary minutes, its
recommendation to the lead agency.
D. Negative Declaration. A negative declaration shall be
recommended to the lead agency for a project which could potentially have a
significant effect on the environment but which ERC determines on the basis of
an initial study will not have a significant effect on the environment.
1. If the ERC determines that the project
qualifies for a negative declaration, the ERC shall prepare a recommendation for
negative declaration on a form on file in the planning department.
2.
A copy of the completed
recommendation for a negative declaration shall be filed with the clerk of the
board, posted in the courthouse, posted in the public works building and a
legal notice advertised in a newspaper of general circulation not less than ten
days before action by the lead agency on the environmental document and a
decision on the project.
3.
Any comments received
regarding the negative declaration prior to action by the lead agency shall be
summarized and responded to and submitted to the decision making body prior to
its action.
4.
Following a decision on
the project, a notice of determination (form on file in the planning
department) shall be filed with the county clerk and a copy retained in the
appropriate file.
E.
Decision to Prepare an
EIR. The preparation of an EIR shall be recommended to the lead agency when the
ERC determines that it can be fairly argued on the basis of its review that the
project may have a significant effect on the environment or there may be
serious public controversy concerning the environmental effects of the project.
If the lead agency agrees that the project may have a significant effect on the
environment or feels that public controversy warrants an EIR, the lead agency
shall prepare or cause to be prepared, a draft EIR.
F.
EIR Process. When the lead
agency decides that an EIR will be required for a project the following
procedures shall be followed (more detail is supplied in Section 15085 of the
state guidelines):
1.
After determining that an
EIR will be prepared, the lead agency shall send a notice of preparation (a
form on file in the planning department) to each responsible agency. This
notice shall provide each agency an opportunity to comment during the EIR
preparation.
2.
Upon completion of the
draft EIR, a notice of completion shall be filed with the state secretary for
the resources agency (a form on file in the planning department). Where a
notice is required to be sent to the state clearinghouse, no form is required
for the resources agency. The notice of completion shall be forwarded to all organizations
and individuals who have previously requested such notice and shall be
published in
a newspaper of general circulation in the affected area of the project.
3.
Upon completion of a
draft EIR, the EIR shall be reviewed by the planning department and the ERC for
major errors and completeness. The person or persons who prepared the EIR shall
be required to provide any additional information deemed necessary.
4.
At the same time the
notice of completion has been published, the draft EIR is released for public
review and comment. One copy of the draft EIR shall be placed on file with the
county clerk and one copy shall be provided the local library. Copies shall be
distributed to all known public agencies having jurisdiction by law or known to
be affected by the project. Copies of the draft EIR shall also be made
available to any person upon request at cost of reproduction.
5.
A minimum period of
thirty days shall be allowed for review and submission of comments by public
agencies, individuals
and groups. All responses shall be directed to the county planning department.
6.
The review process shall
focus on the adequacy of the EIR in discussing possible impacts upon the
environment, ways in which adverse effects might be minimized, and the
alternatives to the project in light of the intent of the CEQA to provide
decision makers with useful information about such factors.
7.
At the end of the review
period, a legal notice shall be published in a newspaper of general
circulation, describing the project and project area and stating the time and
place at which a public hearing will be held by the lead agency to consider the
draft EIR. Adjacent property owners shall be mailed a copy of the notice.
8.
The public hearing shall
be held by the lead agency at the posted time and place. The planning
department shall present a summary of the comments received on the EIR, the
responses to those comments and the recommendation of the ERC. The hearing
shall concentrate on significant environmental points raised in the review
process and their disposition. The lead agency shall discuss and consider the
comments received.
9. The draft EIR or
its revision, comments received (either verbatim or in summary), a list of persons,
organizations and agencies commenting and the responses to comments received,
shall constitute the final environmental impact report.
10. If the hearing
body of the lead agency finds that the final EIR has been prepared and reviewed in compliance with this title and the
CEQA, it shall certify the final EIR as adequate and that it has reviewed and considered the information
contained in the EIR prior to action on the project. If this fining cannot be
made, the lead agency shall direct the redrafting of the EIR, require the
preparation of additional information or addressing of the determined
deficiencies and shall direct that the matter be set for a subsequent public
hearing.
11. After acting on a
project for which an EIR has been prepared, a notice of determination shall be
filed with the county clerk (on a form on file in the planning department) and
a copy retained in the appropriate file.
12. If the subject
project requires discretionary approval from a state agency, the process of
preparation for recommendation for negative declaration and EIRs shall be
altered as follows:
a.
A total of fifteen copies
shall be submitted along with a CA-189 form as supplied by the state to the
state clearinghouse for distribution. Comments received from the clearinghouse
will be incorporated into the review process and a response prepared.
b.
A copy of the notice of
determination shall be filed with the Secretary for the Resources.
c.
The county may opt to
submit copies of the environmental document to the responsible agency and
deduct that number from those sent to the state clearinghouse. (Ord. 79-16 § 17.09, 1979.)