Article 18.08 — PRELIMINARY REVIEW

2. The NOE shall include a brief description of the project, findings of exemption, including citation to the State CEQA Guidelines section under which it is found exempt, and reasons supporting those findings. For private projects, the notice shall include a certification that the county has independently reviewed information submitted by the project applicant which supports the exemption; such verification shall include site visits when appropriate.

   3. If filed, the notice shall be filed with the county clerk, and with the office of planning and research (OPR) if state resources could be affected. Copies of all such notices shall be available for public inspection.

• (Ord. 5119-B, 2001; Ord. 5373-B, 2005; Ord. 6042-B § 1, 2020)

Except as otherwise provided, this chapter shall apply to discretionary projects proposed to be carried out or approved by the county. A project is defined as:

• A. The whole of an action, which has a potential for resulting in a physical change in the environment, directly or ultimately, and that is any of the following:

  1. An activity directly undertaken by any public agency including but not limited to public works construction and related activities, clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption and amendment of local general plans or elements thereof pursuant to Government Code Sections 65100—65700.

  2. An activity undertaken by a person which is supported in whole or in part through public agency contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies.

  3. An activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.

• B. Project does not include:

  1. Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, emergency repairs to public service facilities, general policy and procedure making (except as they are applied to specific instances covered above);

  2. The submittal of proposals to a vote of the people of the state or of a particular community;

  3. The creation of government funding mechanisms or other government fiscal activities which either:

     • a. Do not involve a probably commitment to any specific project which may result in a potentially significant physical impact on the environment; or

     • b. Will be used for capital projects but those projects have not yet reached the stage in planning which will permit meaningful analysis and adequate information for environmental assessment.

  4. Organizational or administrative activities of governments which are political or which do not result in physical changes in the environment.

• C. The term "project" refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term "project" does not mean each separate governmental approval.

• (Ord. 5119-B, 2001)

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Placer County, CA

ENVIRONMENTAL REVIEW

§ 18.08.020

§ 18.08.020

Possible exemptions from environmental review include:

• A. The activity is not a project;

• B. Statutory. The project is statutorily exempt. Statutory exemptions are listed in Section 18.36.010, entitled "Statutory exemptions." Statutory exemptions are set forth in CEQA and the State CEQA Guidelines. (See Public Resources Code Sections 21080, subd. (b), 21080.01—21080.08, 21080.7—21080.33; see also CEQA Guidelines Sections 15260—15285, and 15378(b).) If a project is statutorily exempt, no further environmental review is required.

• C. Categorical. The project is categorically exempt:

  1. Project classes listed in Section 18.36.020, entitled "Categorical exemptions" are categorically exempt because they have been determined to generally not cause significant effects. (See Public Resources Code Sections 21084— 21086; see also 14 California Code Regulatory Sections 15300—15332.)

  2. Exemption Verification. If project falls within a categorical exemption category, the lead department shall make an additional inquiry as to whether the categorical exemption is inapplicable, because of the existence of any of the following factors:

     • a. There are unusual circumstances creating the reasonable possibility of significant effects (e.g., an otherwise exempt project located in a wetland, stream, shore zone or riparian corridor);

     • b. The project and successive projects of the same type in the same place will result in cumulative impacts;

     • c. For classes 1, 2, 3, 4, 5, 6, 11, 28, 30 and 31 the project may affect an environmental resource of hazardous or critical concern officially adopted pursuant to law (e.g., an otherwise exempt project that would impact habitat of an endangered species);

     • d. Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

  3. If any of these factors cause the categorical exemption to be inapplicable, the applicant will be required to submit an EQ, IPA, and proceed with further environmental review.

• D. Common Sense Exemptions. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to environmental review. In such cases, the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (See CEQA Guidelines Section 15061(b)(3)).

• E. Notice of Exemption.

  1. The Lead Department shall initially determine if a project may be exempt. If such a determination is approved by the approving authority and the county approves or

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Placer County, CA § 18.08.020

PLACER COUNTY CODE

A private project requiring an exemption or negative declaration shall be approved or denied within 60 days after the date of exemption determination or adoption of the negative declaration. (Ord. 5119-B, 2001)

• A. If an applicant unreasonable delays (as defined in Section 18.04.030) meeting lead department requests for additional information necessary to complete the environmental review process, or misses any time period contained herein, the lead department may:

  1. Suspend the running of the time periods and allow the application to "reenter" the environmental review process after all necessary information has been submitted;

  2. Grant a reasonable extension of the required time frames where compelling circumstances justify additional time and the county and project applicant both consent thereto;

  3. Schedule the project for hearing and recommend that the project be disapproved without prejudice.

• B. If requested information is not provided within 30 days from the date an unreasonable delay is first identified, the application shall be deemed withdrawn by operation of this section and all processing fees forfeited.

• C. A new EQ fee is required to reactivate a project that has been deemed withdrawn, unless an EIR has been required prior to such date wherein only the EIR fee is required. If a project has been deemed withdrawn within one year of the initial application, a minor EQ fee shall be required to reactivate the project. If more than one year has passed, a full EQ fee shall be required.

• (Ord. 5119-B, 2001; Ord. 5250-B (Exh. 1), 2003; Ord. 5373-B, 2005)

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Placer County, CA

ENVIRONMENTAL REVIEW

§ 18.12.010

§ 18.12.050