§ 18.16

The lead department shall be responsible for the preparation of a negative declaration. A negative declaration shall be prepared when:

• A. The initial study shows that there is no substantial evidence that the project may have a significant effect on the environment; or

• B. The initial study identifies potentially significant effects, but the project has been revised before the release of the proposed negative declaration to mitigate the impacts to a less than significant level, or the applicant has agreed to specific mitigation measures and there is no substantial evidence that the project as revised may have a significant environmental effect. All such project revisions shall be made prior to public notice of the availability of the proposed negative declaration, and shall be clearly identified in the project description set forth in the proposed negative declaration.

• C. The Initial Study identifies potentially significant effects but the project has been included in a previously certified EIR whereby mitigation measures adopted as part of the certified EIR will be included as part of a Mitigated Negative Declaration.

• (Prior code § 31.510)

The following information shall be included in both the proposed negative declaration circulated for public review, and the final negative declaration:

• A. A brief description of the project, including a commonly used name for the project, if any, and assessor's parcel number(s);

• B. The project location, shown on a map, and the name of the project proponent;

• C. A proposed finding that there will be no significant impact, including a list of any proposed mitigation measures necessary to make such a finding;

• D. An attached copy of the initial study documenting reasons to support the finding including all contents defined in Section 18.12.040.

The specific location of recorded archaeological sites shall not be disclosed to the public in the text of a report nor on an exhibit. This information shall be provided to the planning department and shall be kept confidential in the EQ file or other location determined by the community development/resource agency.

(Ord. 5119-B, 2001; Ord. 5373-B, 2005)

• A. Type of Notice. The lead department shall provide the public with reasonable notice of its intent to adopt a negative declaration or mitigated negative declaration (NOI). Notice shall be given in at least one of the following ways:

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Placer County, CA § 18.16.030

PLACER COUNTY CODE

2. Posting on site and off site in the area of the project location; or

   3. Direct mailing to owners and occupants of property contiguous with the project area (shown from latest equalized roll).

• B. Contents of NOI. The NOI shall specify the public review period, identify public meetings or hearings on the proposed project, and state where the proposed negative declaration is available for review. All public agencies which provided written comments on a proposed negative declaration shall be sent a public meeting/hearing notice.

• C. Distribution of the NOI and Proposed Negative Declaration. The NOI, together with the proposed negative declaration, shall be mailed to the following parties:

  1. Responsible agencies;

  2. Trustee agencies with resources affected by the project;

  3. Federal agencies involved in funding or approving the project, or a regulatory agency with oversight responsibilities for projects that must comply with the PCCP;

  4. The State Clearinghouse, if one or more state agencies is a responsible or trustee agency;

  5. Other agencies that exercise authority over resources that may be affected by the project;

  6. Transportation planning agencies and public agencies with transportation facilities that could be affected by the project;

  7. Cities or counties adjacent to the county that could be affected by the project;

  8. All organizations and individuals that have previously requested notice, including any person who has filed a written request for such notice with the lead department;

  9. Office of the county clerk;.

  10. Placer Conservation Authority for projects that must comply with Chapter 19, Article 19.10.

• D. Review Period for Proposed Negative Declaration.

  1. Proposed negative declarations for projects of statewide, regional, or area wide significance (as defined in the CEQA Guidelines Section 15206) shall be submitted to the State Clearinghouse for review. For such projects, the minimum public review period for proposed negative declarations shall be 30 days, unless the county submits a written request for a shorter review period of at least 20 days and the State Clearinghouse grants this request.

  2. For all other projects, the minimum public review period for proposed negative declarations shall be 20 days.

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

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Placer County, CA

The approving authority shall consider comments received on the proposed negative declaration during the public review period. The approving authority shall approve the negative declaration thus finalizing it if found, on the basis of the initial study and any comments received, that there is no substantial evidence that the project will have a significant effect on the environment. Any identified mitigation measures included in the Negative Declaration must be adopted as conditions of approval for the project. (Prior code § 31.540)

• A. Within five days after deciding to carry out or approve a project for which a negative declaration has been prepared, the lead department shall file a notice of determination (NOD) with the county clerk, along with the current filing fee, and if applicable, State Department of Fish and Game fee. The applicant is required to submit the current NOD filing fee and the State Department of Fish and Game fee prior to the County filing the NOD. The county shall send the NOD to any person who has filed a written request for notice. The County clerk shall post the NOD for 30 days. If the project requires discretionary approval from any state agency, the NOD shall also be filed with OPR.

• B. The filing and posting of the NOD starts a 30 day statute of limitations on court challenges to the approval under CEQA. Where an NOD has not been filed, this period is 180 days.

• (Ord. 5119-B, 2001)

The proposed negative declaration shall be completed and ready for approval within 180 days after the application is accepted as complete. A private project shall be approved or denied not later than 60 days after adoption of the negative declaration. For a tentative subdivision map for which a negative declaration is prepared, a project decision shall be made within 50 days of adoption of the negative declaration by the approving authority. (Ord. 5119-B, 2001)

If a previously adopted negative declaration is revised to include an expanded project description or other substantial new information pursuant to Section 15162 of the CEQA Guidelines, the subsequent negative declaration must comply with the notice and review (Section 18.16.030) provisions of this chapter.

(Ord. 5119-B, 2001)

• A. A negative declaration prepared for an earlier project may also be used for a later project if the project circumstances are essentially the same. When an applicant proposes to use a negative declaration from an earlier project, an initial project application (IPA) and environmental questionnaire (EQ) shall be used to review the proposed project to determine that the circumstances are essentially the same.

• B. A negative declaration reused from an earlier project shall be given the same notice, public

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Placer County, CA

PLACER COUNTY CODE

§ 18.16.080

§ 18.16.090

review, and circulation as the original proposed negative declaration. (Ord. 5119-B, 2001; Ord. 5373-B, 2005)

• A. An addendum to a previously adopted negative declaration may be prepared if only minor technical changes or additions are necessary. The addendum need not be circulated for public review but can be included in or attached to the previously adopted negative declaration.

• B. The special finding required for approving projects with an addendum negative declaration is as follows:

The previous (name) Negative Declaration adopted by the (hearing body) on (date) and Addendum Negative Declaration (EQ #______) for (project name) have been considered prior to approval of the project. Together they are determined to be adequate to serve as the environmental documentation for this project and satisfy all the requirements of CEQA. The Addendum to the Negative Declaration addresses only minor technical changes or additions.

• (Ord. 5119-B, 2001; Ord. 5373-B, 2005)

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Placer County, CA

ENVIRONMENTAL REVIEW

§ 18.20.005

§ 18.20.010