Chapter 15.32 — NEGATIVE DECLARATION PROCESS

A negative declaration shall be prepared for nonexempt projects if:

• A. The initial study concludes that there is no substantial evidence that the project may have a significant effect on the environment; or

• B. The initial study identified potentially significant effects but:

  1. Prior to circulation of the proposed negative declaration, the project is revised to avoid or mitigate the effects to a point where clearly no significant effects would occur, and

  2. There is no substantial evidence that the project, as revised, may have a significant effect on the environment.

• (Ord. 957 § 1, 1995)

For public projects, the sponsoring agency shall be responsible for preparing the proposed negative declaration and submitting it to the planning department for review. The planning department is responsible for determining the adequacy of the proposed negative declaration. (Ord. 957 § 1, 1995)

For private projects, the planning department shall prepare the proposed negative declaration or cause it to be prepared by a consultant.

(Ord. 957 § 1, 1995)

A negative declaration shall conform in content to that described in Section 15071 of the State CEQA Guidelines. Mitigation measures, if identified in the initial study, shall be incorporated in the negative declaration.

(Ord. 957 § 1, 1995)

The planning department shall publish, in a newspaper of general circulation in the county, notification that a proposed negative declaration is available for public review and comment. The notice shall specify the review period, identify any public meetings or hearings on the project, briefly describe the project and its significant environmental effects, and state where the proposed negative declaration and all reference documents are available for review. The planning department shall inform by mail interested groups and citizens who have requested in writing such notification of the availability of a negative declaration. (Ord. 957 § 1, 1995)

A proposed negative declaration shall be available for public review for a minimum of twentyone days (if no State Clearinghouse review is required) or thirty days (if State Clearinghouse review is required). (Ord. 957 § 1, 1995)

The planning department shall distribute copies of the proposed negative declaration to facilitate public review. Copies shall be mailed to responsible and trustee agencies and agencies with jurisdiction by law and to departments, agencies, groups and individuals that may, in the department's judgment by reason of expertise, jurisdiction and interest, assist the county with its review. In addition, at least one copy shall be mailed to the county library for public review. Each proposed negative declaration shall be accompanied by a letter of transmittal indicating the end of the review period and the departmental contact person. (Ord. 957 § 1, 1995)

The planning commission shall hold a public hearing on the negative declaration. (Ord. 957 § 1, 1995)

Comments on the negative declaration must be received by the planning department within the specified review period. Failure to receive written comments by the end of the review period shall be considered a presumption of no comment. The county shall not be obligated to respond to comments received after the termination of the review period, unless the planning commission determines that the public interest would be served by doing so. (Ord. 957 § 1, 1995)

The planning department is responsible for preparing responses to any comments received during the public review period. Responses shall be prepared for any comments raising significant environmental issues. These comments and responses to comments shall accompany the negative declaration submitted to the planning commission for consideration. (Ord. 957 § 1, 1995)

The negative declaration, including any comments and responses to comments and the mitigation monitoring program, shall be transmitted to the decision-making body for its consideration and adoption. The decision-making body shall consider the negative declaration, together with any comments and responses to comments, and adopt the negative declaration before approving the project. If mitigation measures are required, the decision-making body shall also adopt a mitigation monitoring program. (Ord. 957 § 1, 1995)

inadequate.

• A. If the decision-making body, at the conclusion of the public review period, determines that a negative declaration is not justified, it shall make the finding that the project will result in a significant adverse effect, thereby determining that an EIR shall be prepared. The decision-making body shall state the specific reasons for this fording and specify what additional information or analyses are necessary to more fully evaluate the project's potential for significant adverse effects.

• B. When the decision-making body determines that additional information is required, the applicant shall be directed to provide the information. A determination by the decisionmaking body that an EIR is required may be appealed to the board of supervisors by written request. The decision of the board of supervisors is final.

• (Ord. 957 § 1, 1995)

At the time the negative declaration is adopted, the planning commission or decision-making body shall adopt a program for reporting or monitoring mitigation measures that were adopted or made conditions of project approval.

(Ord. 957 § 1, 1995)