Madera County Municipal Code Ch. 16.06 Environmental Committee—review

The procedures in this title have been formulated to authorize the chief of development services to convene an environmental committee to provide the necessary mechanism for evaluation and decision making regarding compliance with the Madera County General Plan, Madera County Zoning Ordinance and additional environmental requirements as mandated by the California Environmental Quality Act (CEQA).

(Ord. No. 696, § 5, 5-17-22; Ord. No. 657, § 1 (Exh. A), 6-12-12).

The chief of development services, at his or her option, may convene an environmental committee consisting of designees of the directors of the Madera County Road Department, the engineering department, the environmental health department, the county fire marshal and the planning department.

(Ord. No. 696, § 6, 5-17-22; Ord. No. 657, § 1 (Exh. A), 6-12-12).

The chief of development services may use the committee to review all discretionary entitlement permit applications, to conduct initial studies as required by CEQA Guidelines Section 15063 et seq., to evaluate environmental statements when required, and to prepare findings and recommendations regarding land use and compliance with CEQA, with special concern for any potentially significant adverse environmental impact identified in the CEQA Environmental Checklist. If convened, the committee will submit its findings and recommendations to the decision making entity.

(Ord. No. 696, § 7, 5-17-22; Ord. No. 657, § 1 (Exh. A), 6-12-12).

The County of Madera shall be the sole entity to prepare, or contract for the preparation of, any project-related water supply assessments. The County of Madera shall ensure that the preparation of environment impact reports follows one of the arrangements described in Section 15084(d) of the CEQA Guidelines (CCR §§ 15000—15387) subject to the independent review by the county and/or its independent consultant.

(Ord. No. 696, § 8, 5-17-22; Ord. No. 657A, § 1, 8-22-17).

The chief of development services shall be responsible for implementing this title.

A. The chief of development services, as committee chair for the environmental committee, shall have the following powers as required for all projects or activities as defined by CEQA, whether proposed by private applicants, the county, or other public agencies:

1. To conduct environmental reviews including a determination of the information required to perform the review;

2. To determine the type of environmental document required;

3. To prepare environmental documents as required by this title, CEQA, and the State CEQA Guidelines;

4. To implement any three-party agreement or memorandum of understanding used for preparation of an environmental document and to set standards to help ensure that only qualified environmental consultants prepare these documents;

5. To ensure to the maximum extent possible, that before public review, all environmental documents incorporate the latest pertinent technical or scientific information and are factually accurate and consistent;

6. To ensure that applicants incorporate into proposed projects all required environmental mitigation measures or project alternatives as adopted by the decision makers to minimize, if not preclude, adverse impacts to the environment from the project, consistent with CEQA; and

7. Environmental determinations that do not require discretionary approval may be issued by the chair of the environmental committee.

B. If convened, the environmental committee shall establish and maintain that degree of independence in the performance of these functions and duties as will assure that the review and analysis of the environmental consequences of projects, are in accordance with CEQA, are independent and wholly objective, and are not prepared for the purpose of either supporting or detracting from any project, plan, or position, whether advanced by the county, any other governmental agency, or private interest.

C. If convened, the environmental committee will evaluate each project at a meeting, at which staff members from the various departments will present the results of their own review and of their consultation with responsible and trustee agencies, the applicant, and other pertinent agencies or parties. At this meeting, which is not a public meeting, the environmental committee will determine what recommendations it will make to the planning director regarding: whether the applicant will be required to fund additional studies prior to determining significance of potential environmental impacts; if the determination can be made without additional studies, whether the project requires an environmental impact report (EIR), a mitigated negative declaration (MND) or a negative declaration; and what mitigations if any must be incorporated into the project if it requires an MND.

D. If the applicant fails or refuses to provide the additional studies or the mitigation measures imposed by the environmental committee, the project will not move forward administratively unless and until the applicant complies with the directives of the environmental committee or the planning commission overrules such directives as per Section 16.06.060.

(Ord. No. 696, § 9, 5-17-22; Ord. No. 657, § 1 (Exh. A), 6-12-12).

The applicant may appeal any environmental committee action to the planning commission. Any planning commission determination may be appealed to the board of supervisors, as per Chapter 18.108.

(Ord. No. 657, § 1 (Exh. A), 6-12-12).

At the public hearing, the planning commission has the authority to:

A. Find that the application complies with the Madera County general plan and will not have a significant environmental impact;

B. Find that the application does not comply with the Madera County general plan and will have a significant environmental impact;

C. Require that a consultant or consultants be hired by the county at the expense of the applicant and that the consultant's report or reports be submitted to the environmental committee for evaluation and resubmitted for public hearing before the planning commission for a determination as to compliance or noncompliance with the Madera County general plan and significant environmental impact.

(Ord. No. 657, § 1 (Exh. A), 6-12-12).

At the public hearing before the planning commission or board of supervisors, either body, has the authority to set down certain conditions and requirements which will be required for compliance with the Madera County general plan/specific plan or as mitigation measures for any possible negative environmental impact.

A. Find that the application complies with the Madera County general plan and will not have a significant environmental impact;

B. Find that the application does not comply with the Madera County general plan and will have a significant environmental impact;

C. Require that a consultant or consultants be hired by the county at the expense of the applicant and that the consultant's report or reports be submitted to the environmental committee for evaluation and resubmitted for public hearing before the planning commission for a determination as to compliance or noncompliance with the Madera County general plan and significant environmental impact.

(Ord. No. 657, § 1 (Exh. A), 6-12-12).

Other public agencies and members of the public shall have the time to review and comment on draft environmental documents: Negative declarations, mitigated negative declarations, and environmental impact reports. The public review period shall be consistent with that established by CEQA and the State CEQA Guidelines, including any extensions the county may allow, as long as such extensions are given with timely statutory notice to the public.

(Ord. No. 657, § 1 (Exh. A), 6-12-12).