Sec. 111. Compliance with the California Environmental Quality Act (CEQA): This…

serves to implement the provisions of the California Environmental Quality Act as contained in Division 13 (commencing at Section 21000) of the Public Resources Code of the State of California and the state CEQA Guidelines, as contained in Chapter 3 (commencing at Section 15000), Division 6, Title 14 of the California Code of Regulations, as adopted by the Secretary of the Resources Agency of the State of California. These Local Guidelines do not apply to ministerial projects, or to those projects which are statutorily exempt or excluded from CEQA review requirements, as set forth in Public Resources Code Sections 21080 through 21080.35, or to those projects which are categorically exempt under the provisions of Article 19 (commencing at Section 15300) of the state CEQA Guidelines, or to those projects which are emergency projects under the provisions of Section 15269 of the state CEQA Guidelines.

• A. Ministerial Projects and Actions in Kings County: Section 21080(b) (1) of CEQA provides that the Act does not apply to ministerial projects proposed to be carried out or approved by public agencies. Section 15268 of the state CEQA Guidelines states that the determination of what is "ministerial" can most appropriately be made by the public agency involved, and that each public agency should identify or itemize those projects and actions which are deemed ministerial. The following is a nonexclusive list of types of projects that are ministerial and therefore exempt from CEQA review requirements:

1. Sheriff-Animal Control

• a. Dog Licenses

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2. Agricultural Commissioner-Sealer

• a. Agricultural crop moving permits

3. Building Division of the Community Development Agency

• a. Plan check reviews

• b. Building Permits (including Electrical, Plumbing, and Mechanical Permits)

• c. Demolition Permits

• d. Mobile Home Installation Permits

• e. Relocation Inspections and Permits

• f. Utility Service Connections and Disconnections

• g. Compliance Inspections and Reports

• h. Water well permits

4. County Clerk

• a. Marriage Licenses

5. Fire Department

• a. Fireworks Sales Permits

• b. Weed Abatement Program

6. Health Department

• a. Food Vendor's Permits

• b. Water Supply Permits (small public water systems and state small water systems)

• c. Underground Storage Tank Permits, Authority to Construct, and Authority to Abandon

• d. Hazardous Materials Business Plan and Inventory approvals

• e. Risk Management and Prevention Program approvals

• f. Medical Waste Management Registrations

• g. Limited Quantity Medical Waste Hauler Exemptions

• h. Registration of businesses engaged in the cleaning of septic tanks, chemical toilets, cesspools, and seepage pits

• i. Plan approval for construction, modification, or remodeling of food facilities, public swimming pools and spas, on site sewage disposal systems, small public water systems, state small water system and/or underground storage tanks (including piping)

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• j. Occupational health and safety consultation services

• k. Body art registrations

7. Planning Division of the Community Development Agency

• a. Site Plan Reviews conducted by the Zoning Administrator under the provisions of Article 16 of this Development Code

• b. Land divisions under the provisions of Article 23 of this Development Code.

• c. Certificates of Compliance

• d. Lot Line Adjustments

• e. Annual Fire Arms Dealers Reviews

• f. Code enforcement investigations and orders for abatement of nuisances and violations

• g. Abandoned Vehicle Abatement Program investigations and orders for abatement

8. Public Works Department

   • a. Encroachment Permits

   • b. Moving permits

   • c. Traffic control activities

9. Tax Collector

• a. Dance, explosive, gun, and solicitors licenses

b. Rubbish disposal operator’s license

A notice of exemption shall be filed for all projects determined to be statutorily, categorically or otherwise exempt from CEQA environmental review.

• B. CEQA Projects and Actions in Kings County: In addition to the following CEQA actions, please refer to Article 17, Planning Commission Actions and Conditional Use Permits, for additional information concerning the processing of discretionary permits.

  1. Initial Study: The initial study process of the project shall be conducted according to the procedures outlined in the State CEQA Guidelines, Article 5, beginning with Section 15060.

     • a. The County department initiating a public project or receiving an application for discretionary approval of a private project may prepare its own initial study, or submit a description of the project to the Planning Division of the Community Development Agency for environmental review.

     • b. If a project description is submitted to the Planning Division, the Planning Division shall conduct an initial study pursuant to Section 15063 of the State CEQA Guidelines and these Local Guidelines to determine if the project may have a significant effect on the environment.

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• c. The County department or the applicant shall provide any additional information the Planning Division may require in preparing the initial study.

• d. Failure to provide the requested information in a timely manner may cause the application not to be certified as complete, and delay the development of the required environmental documents.

2. Time Limits for the Certification of Environmental Documents: Pursuant to Section 21151.5 of CEQA and Article 8 of the State CEQA Guidelines, the County of Kings hereby establishes 12 months as the time limit for the completion and certification of environmental impact reports, and six months for the completion and adoption of negative declarations, for projects which require environmental review. The commencement and running of these time periods shall be governed by CEQA and the CEQA Guidelines.

Extensions of Time for EIR’s: Extensions of time for the processing of EIR’s may be approved once, for an additional period not to exceed 90 days, by the Lead Agency provided that it finds that compelling circumstances justify the extension of time and that the project applicant consents to the specified extension, pursuant to Government Code Section 65957 and State CEQA Guidelines Section 15108. Extensions exceeding 90 days may be approved where the law expressly otherwise provides for such additional extensions.

3. Deposit and Accounting on Private Project: All applications for the discretionary review of private projects by the County shall include a fee, subject to Section 21089 of CEQA, in an amount set by Ordinance of the Kings County Board of Supervisors, at the time the project application is filed with the Planning Division of the Community Development Agency to cover the cost of preparation of the initial study.

   • a. If it is determined that an EIR should be prepared, the applicant shall be required to pay the cost of preparing the EIR (see Section 2 d, e, f, and g above). The Planning Division shall ensure the EIR is prepared according to the procedures described in Article 7 (Section 15084 through 15097) of the CEQA Guidelines.

   • b. The Planning Division may prepare the required documents, with Board of Supervisors approval, by engaging the services of a consultant with expertise in preparing environmental documents, based on a detailed work plan approved by the Planning Department staff, and made a part of the "Agreement for Professional Services", shall be submitted to the project applicant who shall enter into a Reimbursement Agreement with the County and deposit in an interest bearing account in the County Treasury the amount of the cost shown in the detailed work plan (agreement), plus an administrative fee determined by the Community Development Agency Director to be necessary to defray the cost of administering the agreement with the consultant and the staff time necessary to process the project to its completion.

   • c. As an alternative the applicant may submit detailed information in any form, including the form of a draft EIR. The Planning Division, with Board of Supervisors approval, may engage at the expense of the applicant the services of a consultant with expertise in preparing environmental documents, to advise the County on the adequacy of the information submitted, including, but not limited to, a draft EIR, if any is submitted. Reimbursement for the costs of the County's consultant shall be the same as described above.

ing Division, with Board of Supervisors approval, may engage at the expense of the applicant the services of a consultant with expertise in preparing environmental documents, to advise the County on the adequacy of the information submitted, including, but not limited to, a draft EIR, if any is submitted. Reimbursement for the costs of the County's consultant shall be the same as described above.

• d. An accurate accounting shall be kept by the Planning Division, with assistance from the County Department of Finance, of the actual cost of preparing and administering the EIR and shall be made available to the applicant at his request. Upon the completion of the project, after the decision maker’s final action, the Planning Division shall refund to the applicant any money remaining in the account, including interest that was earned and not used.

4. Indemnification and Reimbursement. See Section 112 below.

5. Action by the Decision-Maker: When a proposed negative declaration has been forwarded to the decision-maker, the decision-maker shall, prior to making a decision on the project, either approve the negative declaration based upon a finding that the project will not have a significant effect on the environment, or shall refer the matter to the Planning Division of the Community Development Agency for preparation of an EIR, or mitigated negative declaration, based upon a finding that the project may have a significant effect on the environment.

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• a. If the matter is referred for additional review, the decision maker shall take no further action on the project until a final EIR, or mitigated negative declaration, has been prepared as required by law.

• b. When a final EIR has been prepared and processed according to Article 7, beginning with Section 15080 of the State CEQA Guidelines, the decision-maker shall, prior to making a decision on the project, certify that the final EIR has been completed in compliance with CEQA and the state CEQA Guidelines, and shall review and consider the information contained in the final EIR.

• c. Based upon information contained in the final EIR, when the decision-maker finds that the project will have a significant effect on the environment, the decision-maker shall state in writing reasons to support its decision to approve or carry out the project based upon information contained in the final EIR or other information contained in the record.

6. Mitigation Reporting and Monitoring Program: When approving projects for which mitigation measures are required and adopted, the decision maker shall adopt as part of the approval action a "Mitigation Reporting and Monitoring Program", pursuant to Section 21081.6 of CEQA and Section 15097 of the state CEQA Guidelines, for the changes to the project.

• a. The "Mitigation Reporting and Monitoring Program", then becomes a condition of approval to mitigate or avoid significant effects on the environment. Failure of the project applicant to comply with the reporting requirements and mitigation measures are grounds for permit revocation or correcting the effects on the environment at the project applicant’s cost.

  • b. The decision maker may require the applicant to deposit an amount of money estimated to offset the cost of monitoring the development and operation of the project into an interest bearing account in the Kings County Treasury. Upon completion of the monitoring program any unused money in the account shall be returned to the applicant.

7. Notice of Determination: After making a decision on a project, the decision-maker shall cause to be filed a Notice of Determination, pursuant to Section 21080.4 of CEQA and 15094 of the state CEQA Guidelines. Such notice shall include a brief description of the project, the decision of the decision-maker to approve (carry out) or disapprove (not carry out) the project, the determination of the decision-maker whether the project will or will not have a significant effect on the environment, and a statement whether an environmental impact report has been prepared. The Planning Division of the Community Development Agency shall ensure that such notices are filed.

8. Duties of the County Clerk: All notices submitted to the County Clerk pursuant to CEQA shall posted by the County Clerk at the place designated by the County Clerk for the posting of all official notices. Members of the general public requesting copies of said notices shall be charged for the actual cost of reproducing that copy. The County Clerk shall prepare and maintain a list of the names and mailing addresses of all persons requesting review of a particular notice.

Sec. 112. Indemnification and Reimbursement: At its sole and absolute discretion, the County may determine that it has exposure to potential extraordinary costs and require an applicant to provide the County with reimbursement for the costs of reviewing and considering the application and for preparing project documents and with indemnification against extraordinary costs associated with the review and processing of an application submitted pursuant to this Development Code. The extraordinary costs the County may incur associated with the review and processing of development applications and preparation of project documents may include, but are not limited to, applications for development entitlements requiring preparation of environmental impact reports, specific plans, and General Plan amendments, Development Code amendments, changes of zoning district boundaries, large urban development projects, project decisions that are appealed or challenged through lawsuits.

applications and preparation of project documents may include, but are not limited to, applications for development entitlements requiring preparation of environmental impact reports, specific plans, and General Plan amendments, Development Code amendments, changes of zoning district boundaries, large urban development projects, project decisions that are appealed or challenged through lawsuits.

• A. If the County determines that it is necessary to ensure adequate reimbursement and indemnification for such costs, the County may require a project applicant or applicants to enter into a reimbursement agreement (the "Reimbursement Agreement") and/or an indemnification agreement (the "Indemnification Agreement"). The County may require the project

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applicant to provide the County financial assurance to ensure the applicant’s performance of its obligations under the Indemnification and Reimbursement Agreement. In its sole and absolute discretion, the County may determine that the Reimbursement Agreement and the Indemnification Agreement be combined as one document.

• B. If the County determines that an Indemnification and Reimbursement Agreement is required, the applicant will be required to provide financial assurance, such as a performance bond, letter of credit, certificate of deposit, or similar instrument, in an amount sufficient to remedy any failure of the applicant to provide the County with required reimbursements for the extraordinary cost of the application review and processing under the terms of the Indemnification and Reimbursement Agreement and to ensure that the applicant’s indemnification of the County is sufficient to protect the public interest in case of challenges to the process or action of the County related to the project under the Indemnification and Reimbursement Agreement. The form, nature and amount of the financial assurance required under the terms of these provisions shall be determined by the County in the light of any risks associated with a particular project and shall be in the sole and absolute discretion of the County.

• C. An Indemnification and Reimbursement Agreement is an agreement between the County and a project applicant under the terms of which the applicant agrees to defend and indemnify the County from and against exposure to potential extraordinary costs associated with the processing of an application through the County’s final decision on the application, and any appeals of the County’s actions on such matters.

  1. Specifically, an Indemnification and Reimbursement Agreement signed by the project applicant shall be required for any project which requires an Environmental Impact Report, any commercial solar project, and any project involving a new or expanding dairy facility under the Dairy Element of the General Plan; and

2. Applicants of projects which require the hiring of a consultant to prepare the environmental documents must submit a “Statement of Qualifications” for the consultant for review and acceptance by the County prior to the consultant beginning work on the CEQA documents.

   3. Reimbursement, indemnification and financial assurance requirements apply to all permit and entitlement applications and procedures pursuant to this Development Code.