Chapter 15.36 — ENVIRONMENTAL IMPACT REPORT PROCESS

• A. If the initial study concludes that a project may have a significant adverse effect on the prepared pursuant to Section 15081 of the State CEQA Guidelines. If the applicant wishes, this determination may be appealed to the planning commission following submittal of a written request.

• B. If an EIR is required (either by determination of the planning department or by the planning commission's review of the planning department's recommendation), the applicant shall enter into a memorandum of understanding with the county pertaining to the roles, responsibilities and procedures to be followed in preparing and completing an EIR.

• (Ord. 957 § 1, 1995)

When it is determined that a public project may have a significant adverse effect on the environment and that an EIR should be prepared, the sponsoring agency proposing to carry out the project shall prepare, or cause to be prepared, an administrative draft EIR for submission and review by the planning department in accord with public department and agency responsibilities under these procedures. The draft EIR will be used by the planning department and sponsoring agency in the preparation of the final EIR. (Ord. 957 § 1, 1995)

• A. The draft EIR shall include all items required by CEQA and the State CEQA Guidelines; furthermore, the applicant shall supply such additional information as may be reasonably requested by the planning department.

• B. When an individual project is part of a larger project, the EIR project description shall address the larger project. If the larger project is to occur in the future, the project description shall address the larger future project if it is a reasonably foreseeable consequence of the initial project and will likely change the scope or nature of the initial project or its environmental effects. Under these circumstances, the larger future project must be described even if it has not been approved and if the larger future project's environmental effects are difficult to precisely predict.

• C. The draft EIR shall contain a draft of the proposed mitigation monitoring program to make certain that mitigation measures can be monitored and to facilitate later preparation of the required mitigation monitoring program for approval by the decision-making body.

• (Ord. 957 § 1, 1995)

Following the preparation of an administrative (precirculation) draft EIR by a consultant under contract to the county or by a public department or agency, five copies shall be submitted to the planning department. The draft EIR must reflect the independent judgment of the planning department. If the planning department determines that the administrative draft EIR is inadequate, it shall return the document to be revised to correct the deficiencies identified in the preliminary review. Once accepted by the planning department as an adequate draft EIR, copies shall be transmitted to appropriate entities for public and agency review. Distribution of the draft EIR marks the commencement of the draft EIR review board. (Ord. 957 § 1, 1995)

As soon as the draft EIR is completed and ready for public circulation, the planning department shall file a notice of completion with the Governor's Office of Planning and Research. (Ord. 957 § 1, 1995)

Within ten working days of accepting the draft EIR, the planning department shall publish, in a newspaper of general circulation in the county, notification that a draft EIR is available for public review and comment. The public 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. It must also include a statement indicating whether the project is on a listed toxics site. The planning department shall inform by mail interested groups and citizens who have requested such notification in writing of the availability of the draft EIR. (Ord. 957 § 1, 1995)

The Planning Department shall establish a review period termination date that shall be observed unless conditions arise during the review period to warrant an extension of the review period. The minimum public review period will be thirty days (for projects not requiring State Clearinghouse review) or forty-five days (for projects requiring State Clearinghouse review), unless the planning commission determines that it would be in the public interest to provide a longer review period.

(Ord. 957 § 1, 1995)

The planning department shall distribute copies of the draft EIR to facilitate the public review. Copies of the draft EIR shall be mailed 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 of the draft EIR. In addition, at least one copy shall be mailed to the county library for public review. Each draft EIR 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 draft EIR. Notice of the public hearing shall be as follows:

• A. Notification by mail to the applicant and all individuals and organizations who commented in writing during the public review period;

B. Notification in a newspaper of general circulation in the area of the proposed project. (Ord. 957 § 1, 1995)

Public comments 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)

• A. After the review period for the draft EIR closes, the planning department shall assemble all written comments and transcripts of comments made at the public hearing(s). These comments shall be transmitted to the consultant or public department or agency responsible for preparing the EIR.

• B. Planning department staff shall determine which comments address environmental impacts and mitigation. These comments must be responded to.

• C. Comments addressing the following issues do not require a response, but should be noted for the record:

  1. Comments addressing the merits of the project (as distinguished from environmental impacts of the project);

  2. Comments beyond the scope of environmental review (such as legal interpretations);

3. Comments on impacts too speculative for evaluation.

(Ord. 957 § 1, 1995)

• A. If "significant new information" is added to the EIR after the close of the public comment period but before certification, the county must provide a second public review period and recirculate the draft EIR for comments. New information is considered "significant" when the EIR is changed in a way that deprives the public of a meaningful opportunity to comment. This occurs when the new information discloses:

  1. A new substantial environmental impact resulting from the project or from a new mitigation measure proposed to be implemented;

  2. A substantial increase in the severity of an environmental impact unless mitigation measures are adopted that reduce the impact to a level of insignificance;

  3. A new feasible project alternative or mitigation measure that clearly would lessen the environmental impacts of the project, but which the project's proponents decline to adopt;

  4. The draft EIR was so fundamentally and basically inadequate and conclusory in nature that public comment of the draft was, in effect, meaningless.

• B. New information is not "significant" when it merely clarifies, amplifies or makes insignificant modifications to an adequate EIR. Substantial evidence must support the county's decision not to recirculate an EIR.

• (Ord. 957 § 1, 1995)

The final EIR shall consist of the draft EIR, a list of persons and organizations who made comments, comments received and responses to comments. Alternatively, the draft EIR may be revised to incorporate responses to comments into the text of the report. If this format is used, the final EIR shall consist of the revised draft EIR, a list of persons and organizations who made comments, comments received and an indication of where each comment raised is addressed in the revised text.

(Ord. 957 § 1, 1995)

Following the preparation of an administrative final EIR by the consultant under contract to the county or by a public department or agency, five copies shall be submitted to the planning department. Responses shall be provided for all comments unless a response is not appropriate, in which case an explanation will be provided as to why a response is not warranted. The final EIR must reflect the independent judgment of the planning department. If the planning department determines that the administrative draft EIR is inadequate, it shall return the document to be revised to correct the deficiencies identified in the preliminary review. Once accepted by the planning department as an adequate final EIR, copies shall be transmitted to appropriate entities for public and agency review. Distribution of the final EIR marks the commencement of the final EIR review period.

(Ord. 957 § 1, 1995)

At least ten days before certifying the EIR, the final EIR shall be provided to all agencies and individuals who commented on the draft EIR.

(Ord. 957 § 1, 1995)

At the discretion of the planning commission or decision-making body, a public hearing may be held immediately prior to certification. (Ord. 957 § 1, 1995)

The planning commission shall certify that the final EIR has been prepared in compliance with CEQA and satisfies the intent and purpose of CEQA, and that the information contained in the final EIR was reviewed and considered. When the planning commission is not the decisionmaking body, the final EIR shall be transmitted to the appropriate decision-making body for review, consideration and certification prior to action being taken on the project. (Ord. 957 § 1, 1995)

If the planning commission or decision-making body determines to carry out or approve a project that the final EIR indicates will have a significant effect on the environment, it shall make the findings pursuant to Section 15091 of the State CEQA Guidelines. (Ord. 957 § 1, 1995)

If the planning commission or decision-making body determines to carry out or approve a project that the final EIR indicates will have a significant and unavoidable effect on the environment, it shall make a statement of overriding considerations pursuant to Section 15093 of the State CEQA Guidelines.

(Ord. 957 § 1, 1995)

The planning commission or decision-making body shall consider the contents, conclusions, mitigation measures and alternatives contained in the final EIR before taking action on the project.

(Ord. 957 § 1, 1995)

At the time the CEQA findings are made, 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)

Following certification of a final EIR, a subsequent EIR shall be prepared if the conditions in State CEQA Guidelines Section 15162 apply, or a supplemental EIR shall be prepared if the conditions in State CEQA Guidelines Section 15163 apply. A decision not to prepare a subsequent or supplemental EIR shall be based on substantial evidence, which may but is not required to be documented in an EIR addendum. (Ord. 957 § 1, 1995)

When the county is acting as a responsible agency, it shall comply with the following procedures:

• A. Time Limits for Private Projects. A county agency shall approve or deny a project within one hundred eighty days after it accepts the application as complete, or within one hundred eighty days after the lead agency has acted, whichever period is longer.

• B. Commenting on Notice of Preparation. County agencies shall provide written comments on the notice of preparation within the specified time limits. Comments shall identify permit requirements, potentially significant impacts, and alternatives to be analyzed and mitigation measures to be considered in the draft EIR.

• C. Commenting on Draft EIR. A county agency shall limit comments on draft EIRs to project activities within the agency's area of expertise or jurisdiction. If a county agency is unable to use the EIR prepared by the lead agency for approval of a county permit, it shall state its reasons and identify what information must be provided in the final EIR.

• D. Consideration of Final EIR. County agencies shall consider and use the EIR prepared by the lead agency in the manner provided by State CEQA Guidelines Section 15096.

• E. Limitations of Responsible Agency Authority. A county agency may only require changes in a project, or refuse to approve a project, based on the adverse environmental effects of that part of the project the agency must carry out or approve.

• (Ord. 957 § 1, 1995)