Inyo County Municipal Code Ch. 15.28 Evaluating Projects

All projects not otherwise exempt from CEQA shall be subject to the following environmental review procedure, which provides for the preparation of initial studies, negative declarations and EIRs.

(Ord. 957 § 1, 1995)

The primary source of information for the initial study is the environmental information form prepared by the applicant and received as part of the project submittal. The county may take up to thirty days to review the submittal and determine if it is complete. Once this decision is made, the applicant shall be notified by mail. If the application is deemed incomplete, the project sponsor shall be notified as to what additional materials are necessary to complete the application. Failure to provide information will delay the project.

(Ord. 957 § 1, 1995)

The planning department shall be responsible for the preparation of the initial study. Initial studies may be prepared by staff or by consultants. The planning department may consult with other county departments, agencies, groups and individuals, which may provide information and assistance to the planning department during this phase of environmental review. Other public agencies that may be responsible or trustee agencies for the project shall be consulted.

(Ord. 957 § 1, 1995)

The initial study shall include a project description, evaluation of environmental impacts that may be conducted using an environmental checklist supported by sufficient explanations, discussion of any potentially significant impacts and mitigation measures, and a draft mitigation monitoring program if warranted. Complex projects may require special studies to support the conclusions made in the initial study.

(Ord. 957 § 1, 1995)

The initial study shall identify feasible mitigation measures that would enable potentially significant impacts identified in the initial study to be avoided or substantially reduced. Whenever feasible mitigation measures shall be tangible specific actions that will avoid or substantially lessen significant environmental impacts. Whenever feasible, mitigation measure descriptions shall specify the mitigation objective, specific mitigation actions to be taken, the entity responsible for implementation, and the implementation schedule.

(Ord. 957 § 1, 1995)

A. The initial study shall make a recommendation as to whether a negative declaration (no significant impacts), a mitigated negative declaration (mitigation identified for all potentially significant impacts), or a draft EIR (significant impacts) shall be prepared for the project.

B. Initial study determinations as to whether a project may have a significant impact on the environment shall be based on substantial evidence in light of the whole record before the county. Substantial evidence shall include facts, reasonable assumptions predicated on facts, and expert opinion supported by facts. Argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, and evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment are not substantial evidence. The existence of public controversy over the environmental effects of a project shall not require preparation of an EIR if there is no substantial evidence in light of the whole record before the county that a project may have a significant effect on the environment.

(Ord. 957 § 1, 1995)

A. The county shall provide an opportunity for an applicant or county agency sponsoring a public project, once an initial study has been prepared, to correct inaccurate information or to provide evidence that might tend to establish that the conclusions of the initial study may be incorrect pursuant to State CEQA Guidelines Section 15063(g). Where a determination is made that an EIR is required, the applicant shall be notified immediately of this determination by certified mail.

B. Within five working days following receipt of notification to this effect, the applicant may, on condition of signing a fifteen-day extension of time for the initial study under State CEQA Guidelines Section 15102, request and receive a meeting with the planning director for the purpose of consultation to overturn the initial study finding to a negative declaration. The focus of the consultation shall be as follows:

1. The applicant may provide information to correct factual errors in the initial study.

2. The applicant may submit additional information to assist in deciding whether to prepare a negative declaration or EIR.

3. The applicant may propose mitigation measures to avoid or substantially lessen potentially significant adverse impacts to less-than-significant levels, thereby enabling the project to qualify for a mitigated negative declaration.

C. Any changes to the findings of the initial study based on the consultation shall be supported by substantial evidence to show a material error or incorrect conclusion in the initial study. Such evidence shall be documented by engineering reports or certified by a competent professional in the appropriate field, and shall consist of new material not already considered in the initial study.

D. Upon consideration of the information submitted, the planning director, within the fifteen-day extension period granted by the applicant, shall affirm, reverse or modify the conclusions of the initial study and provide a copy to the applicant or sponsoring agency.

E. Following completion of the initial study, there shall be no further consultation with the applicant on the content of the draft environmental document except as deemed necessary by the county, until such time as the draft is circulated for public review and comment.

(Ord. 957 § 1, 1995)