Yuba County Municipal Code § 11.54.020 Applicability

The purpose of this Chapter is to enact evaluative criteria and specific procedures consistent with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) for the evaluation of projects and the preparation of environmental documents as required by Section 15020 of the Guidelines (14 CCR § 15020).

Consistent with Public Resources Code Section 21081.6, this Chapter also establishes monitoring and reporting procedures for mitigation measures included in Environmental Impact Reports (EIR) or Negative Declarations that are necessary to mitigate impacts to a less-than-significant level.

(Ord. No. 1624)

(a) Projects included. This Chapter and the process it implements shall apply to all discretionary projects proposed to be carried out or approved by any board, commission or agency of Yuba County. This Chapter does not apply to pre-applications as described in Section 11.53.160, Pre-application review, in which a request for staff evaluation and comments is made on a potential project. Should an application for said project be subsequently filed, it shall be subject to this Chapter.

(b) Exceptions. Where a project that would otherwise be deemed ministerial nevertheless appears to involve a potential significant adverse environmental effect, it shall be subjected to an evaluation by the Planning Director. If the Planning Director determines that the following criteria are satisfied, the project shall not be deemed ministerial:

(1) The project may have a significant effect on the environment and but for the presumptively ministerial nature of the permit or approval sought would clearly be subject to environmental review; and

(2) The permit or approval sought is the final step before actual execution of the project and the only point at which the environmental impact can be considered.

(c) County projects. Any project proposed to be carried out by any department, board, commission or agency of Yuba County shall be subject to this Chapter and the process that it implements. Prior to the decision to carry out such a project, the initiating agency shall submit a complete description of the project, a list of responsible persons and involved agencies, a timetable of projected events and a requested action to the Planning Director. The Planning Director shall ensure compliance with this Chapter and the CEQA Guidelines and shall advise the initiating agency of progress in said compliance. The Planning Director may delegate the preparation and processing of environmental documents to the Community Development and Services Agency's Public Works Department on public works projects.

(Ord. No. 1624)

The following types of projects are exempt from environmental review:

(1) Statutory exemptions identified in Section 15260 et seq. of the CEQA Guidelines, including but not limited to planning and feasibility studies, emergency projects, the establishment of rates or charges, and projects which are disapproved.

(2) Ministerial actions in accordance with Section 15268 of the CEQA Guidelines, including but not limited to the issuance of building permits or approval of final subdivision maps.

(3) Categorically exempt projects as identified in Section 15300 et seq. of the CEQA Guidelines, including any amendments enacted hereafter.

(4) Exempted projects and activities identified in any adopted Yuba County Supplemental CEQA Implementing Procedures.

(Ord. No. 1624)

(a) Preliminary review. As part of the review to determine whether an application for a development project is complete (See Section 11.53.040, Review of Applications for Completeness), the Planning Director shall conduct a preliminary assessment of potential environmental issues in order to help the County decide if the project is subject to environmental review and, if so, which issues may require analysis. Pursuant to the CEQA Guidelines, accepting an application for a project as complete does not limit the authority of the Planning Director to require the applicant to submit additional information needed for environmental evaluation of the project.

(b) Review for exemption; Notice of exemption. As soon as is practicable or upon application, if possible, the Planning Director shall determine if the project is exempt from environmental review pursuant to State law and any environmental guidelines and thresholds that the County has adopted in compliance with CEQA.

(1) If the Planning Director has determined that a project is exempt from environmental review under CEQA, such determination shall be announced in any required public notice for the associated project. The notice shall include a citation to the County adopted CEQA Thresholds and Guidelines section or statute under which the project is found to be exempt.

(2) Following approval of a project that is exempt from environmental review, the Planning Director or the applicant may file a Notice of Exemption with the County Clerk in accordance with Section 15062 of the CEQA Guidelines (14 CCR § 15062). Such a notice will not usually be filed, but may be filed if the project involves approvals by other agencies or the Planning Director determines that sufficient public controversy may arise as to warrant such notice.

(c) Initial study. If it is determined through preliminary review that a project is subject to CEQA and not exempt from environmental review, the Planning Department shall conduct an initial study pursuant to Section 15063 of the CEQA Guidelines (14 CCR § 15063) to determine if the project may have a significant effect on the environment.

(1) Application and fee. The applicant shall submit an application for environmental review accompanied by the required fee. The Planning Director may require the applicant to submit additional data and information that will enable the Planning Department to prepare the initial study. The project applicant shall pay the cost of conducting the initial study according to the fee schedule established in Title XIII, Fees of the County Code.

(2) Consultation. As soon as it is determined that an initial study will be conducted, the Planning Department shall consult informally with all responsible agencies and all trustee agencies responsible for resources affected by the project to obtain the recommendations of those agencies as to whether an EIR or a Negative Declaration should be prepared, pursuant to Section 15063(g) of the CEQA Guidelines.

(3) Exceptions. An initial study need not be conducted under the following circumstances:

a. Where the Planning Director determines that the project will clearly have a significant effect and an EIR will be required, in which case a notice of preparation shall be sent pursuant to Subsection 11.54.060(c).

b. Where the decision-making authority determines that the project cannot be approved.

(4) Contents of initial study. The initial study shall consider all phases of project planning, implementation, and operation and may rely upon expert opinion supported by facts, including documentation submitted by the applicant, technical studies, or other substantial evidence to document its findings regarding the project's potential impacts. The contents of the initial study shall be as stated in Section 15063(d) of the CEQA Guidelines.

(5) Time limits. Within 45 days after the application for a project is accepted as complete and all materials necessary to prepare the initial study have been submitted, the initial study shall be completed and the Planning Director shall determine whether a negative declaration or an EIR shall be required. This time frame does not apply to projects that are determined to require outside consultation for the preparation of the initial study.

(d) Determination of environmental significance. Based on the initial study, the Planning Director will make one of the following findings:

(1) The project will have no significant impacts on the environment, and a negative declaration will be prepared;

(2) The project has been modified to mitigate potential environmental impacts to a level of insignificance, and a mitigated negative declaration will be prepared; or

(3) The proposed project will have, or may have, significant impact(s), and an EIR will be required.

(e) Environmental determination notice. The applicant and any other person requesting notice shall be notified of the environmental determination by the Planning Director and whether a Negative Declaration, Mitigated Negative Declaration, or EIR will be required for the project. In the case of a Negative Declaration, said notice shall also be published or posted in accordance with Section 15072 of the CEQA Guidelines (14 CCR § 15072) at least ten days prior to adoption.

(Ord. No. 1624)

(a) When authorized. A negative declaration or mitigated negative declaration is authorized and shall be prepared pursuant to Section 15070 of the CEQA Guidelines (14 CCR § 15070) under either of the following circumstances:

(1) The Planning Director determines on the basis of an initial study that the project will not have a significant effect on the environment.

(2) The project is revised in response to an initial study or otherwise so that potential adverse effects are mitigated to a point where the Planning Director can determine that no significant environmental effects would occur, or it is determined by the Planning Commission or Board of Supervisors through appeal procedures that there are no significant environmental effects, and if such revision or determination occurs after the notice of preparation has been sent pursuant to Section 15082 of the CEQA Guidelines (14 CCR § 15082), the negative declaration may be prepared only if the applicant consents to a reasonable extension of time as necessary for its preparation. All persons or agencies that were sent the Notice of Preparation shall immediately be notified in writing of the change of determination and the reasons for it.

(b) Revisions to projects to mitigate effects. Where the Planning Director determines that a project may have a significant effect but the effect may be mitigated, he or she may propose such mitigation to the applicant, who may revise the project or otherwise incorporate said mitigation measures into the project. Mitigation measures thus incorporated may be in the form of draft conditions of approval, in which the applicant has consented to said conditions. If on the basis of such revisions or mitigation measures, the Planning Director determines that the project no longer has a significant effect, a mitigated negative declaration shall be prepared.

(c) Review of negative declaration. In addition to the notice required under Subsection 11.54.040(e), environmental determination notice, above, the Planning Director shall submit a copy of a notice to adopt a negative declaration/mitigated negative declaration to the State Clearinghouse and/or any other responsible agencies in accordance with Section 15073 of the CEQA Guidelines (14 CCR § 15073) whenever a project requires a permit from said responsible agencies or is subject to the jurisdiction of a State agency under law.

(d) Clearinghouse review. Where review by the State clearinghouse is required, the decision-making authority shall not consider adoption of the negative declaration/mitigated negative declaration prior to 30 days from receipt by the clearinghouse.

(e) Adoption. Following the review period, but no earlier than ten days after the notice required in Subsection 11.54.040(e), Environmental Determination Notice, the decision-making authority for the associated discretionary action shall consider any objections filed and shall only adopt the negative declaration/mitigated negative declaration if it finds on the basis of the whole record that there is not substantial evidence that the project will have a significant effect on the environment that cannot be mitigated to less than significant and that the negative declaration or mitigated negative declaration reflects the lead agency's independent judgment and analysis. In a case in which there is no discretionary action, the Development Review Committee shall be the decision-making authority. The form of said adoption may be by resolution or minute order and may be combined with the decision on the project if explicitly stated.

(f) Time limits for adoption. A negative declaration/mitigated negative declaration for a project shall be adopted within 180 days after the application for the project was accepted as complete and all necessary documents for the County to prepare the environmental document have been submitted by the applicant.

(Ord. No. 1624)

(a) When authorized. An environmental impact report (EIR) shall be prepared in accordance with Public Resources Code Section 21082.1 (California Environmental Quality Act 14 CCR Ch. 3 (14 CCR § 15000 et seq.), including Article 5 (14 CCR § 15060) and 7 (14 CCR § 15080 et seq.) in any of the following circumstances:

(1) Following an initial study that determines that a project may have a significant effect on the environment.

(2) At any time prior to the decision on the project where there is substantial evidence in the record that a project may have a significant environmental effect.

(3) There is serious public controversy over a significant effect on the environment.

(b) Authority to review and certify. In the case of the review and certification of an EIR, the decision-making authority shall be the body statutorily required to make the final decision on the associated discretionary action. In a case in which there is no discretionary action, the Board of Supervisors shall be the decision-making authority.

(c) Notice of preparation. Immediately after deciding that an EIR is required for a project, the Planning Director shall cause a notice of preparation to be sent to each responsible agency and every federal agency involved in approving or funding the project and to each trustee agency responsible for natural resources affected by the project pursuant to Section 15082 of the CEQA Guidelines (14 CCR 15082). Work on the Draft EIR may begin immediately without awaiting responses to the notice of preparation.

(d) Preparation of draft EIRs. When an EIR has been required for a project, the Planning Director shall immediately initiate the preparation of a draft EIR. Said draft EIR shall be prepared by a qualified consultant selected by the Planning Director, provided that all expenses incurred in preparation of the EIR shall be at the expense of the project applicant. The Planning Director shall transmit to the consultant any responses to the notice of preparation in a timely manner.

(e) List of qualified consultants. The Planning Director shall maintain a list of qualified consultants to prepare an EIR, which shall include any qualified local consultants. The Planning Director shall periodically update said list.

(f) Selection of consultant; payment of EIR management fees. The Planning Director may select a consultant from the list of qualified consultants or send out a request for proposals to qualified consultants. The Planning Director shall make the final selection of the consultant to prepare the draft EIR. Upon selection, the Planning Director shall establish the cost for the preparation of the Draft EIR and the project applicant shall deposit the amount of such cost with the Yuba County Community Development and Services Agency. In addition, the applicant shall pay EIR management fees as set by ordinance adopted by the Board of Supervisors.

(g) Scope of work. The Planning Director shall establish the scope of work for the draft EIR based upon the initial study and responses to the notice of preparation.

(h) Acceptance of draft EIRs. The consultant preparing the EIR shall submit a preliminary draft for approval to the Planning Director. The Planning Director shall ensure that the draft EIR adequately and objectively discloses any potential environmental effects on the County as required by Section 15084(e) of the CEQA Guidelines.

(i) Notice of completion.

(1) As soon as a draft EIR is accepted as complete by the Planning Director, a notice of completion shall be filed by the Planning Director with the Office of Planning and Research pursuant to Section 15085 of the CEQA Guidelines (14 CCR § 15085). Within ten days of such filing, the notice shall also be given to all organizations and individuals who have previously requested such notice and shall further be given by publication at least one time in a newspaper of general circulation in the area affected by the proposed project.

(2) The notice shall provide a review period for the draft EIR of not less than 45 days nor longer than 60 days from the date of the notice, except in unusual situations. The notice may also include the time set for consideration of the Draft EIR by the decision-making authority and may be included in any public notice otherwise required by law for the project.

(j) Public review of draft EIRs. During the review period stated in the notice of completion, the Planning Department shall engage in consultation and solicitation of comments pursuant to Sections 15086 and 15087(d), (e), and (f) of the CEQA Guidelines (14 CCR §§ 15086, 15087(d), (e), and (f)). The essence of such consultation and comments shall be available to the decision-making authority for its consideration of the draft EIR. Each member of the Planning Commission and Board of Supervisors shall receive a copy of the draft EIR.

(k) Public workshop. The Planning Department shall hold a public workshop on the draft EIR during the public review period. Notification of the workshop shall be posted at the County at least 72 hours prior to the workshop and property owners shall be noticed pursuant to Chapter 11.53.050(1) or 11.53.050(4) of this Code. The purpose of the workshop is to inform the public of the draft EIR and to receive and evaluate comments from concerned persons with respect to the adequacy of the draft EIR in conformity with the standards set forth in Section 15151 of the CEQA Guidelines (14 CCR § 15151). County staff will prepare responses to significant environmental issues raised during the public review and consultation process through revisions or attachments to the draft EIR or other methods pursuant to Section 15088 of the CEQA Guidelines (14 CCR § 15088).

(l) Final EIR. Following the public workshop and completion of the public review period, the Planning Director shall cause a final EIR to be prepared and shall present it to the decision-making authority (responsible for action on the project) for certification.

(m) Certification. The decision-making authority shall consider a final EIR and shall either certify it as adequate or shall return it for corrections prior to certification, or reject certification of the EIR as inadequate. A copy of the certified, final EIR shall be distributed to each member of all decision-making authorities. The project applicant shall provide a copy of the certified, final EIR to each responsible agency as required by Section 15095(d) of the CEQA Guidelines (14 CCR § 15095(d)). The form of said certification may be by resolution or minute order and may be combined with the decision on the project if explicitly stated.

(n) Time limits. Time limits for the procedures described in this Section shall be in compliance with Article 8 of CEQA (Public Resources Code § 21000 et seq.).

(Ord. No. 1624)

(a) Findings. Before reaching a decision on a project, the decision-making authority shall consider the environmental effects of the project as shown in the EIR and shall not approve the project if feasible alternatives or feasible mitigation measures within the County's powers which have not been implemented or required are found to exist that would substantially lessen any significant effect the project would have on the environment. In acting on the project, the decision-making authority shall make written findings required by Section 15091 of the CEQA Guidelines (14 CCR § 15091) for each significant effect or shall make the findings in Section 15093 of the CEQA Guidelines (14 CCR § 15093) regarding overriding considerations if necessary.

(b) Effect of appeals on project decisions. Where a decision to approve, conditionally approve, or deny a project has been appealed pursuant to Section 11.53.150, Appeals and Calls for Review, and said appeal is based upon an environmental issue, the Negative Declaration or EIR that was adopted or certified by the decision-making authority shall be invalid and the body considering the appeal shall either readopt or recertify the environmental document or shall cause a revised environmental document to be prepared pursuant to this Chapter.

(c) Time for decision. A decision to approve, conditionally approve or deny a development project for which a negative declaration or EIR has been prepared shall be made within one year from the date on which the application requesting approval was accepted as complete. Such time limit may be extended by the County for a period not to exceed 90 days with the consent of the project applicant. The following are exceptions to the one year time frame for a decision:

(1) Projects that include a legislative action;

(2) Suspension of time periods pursuant to CEQA Guidelines Section 15109; or

(3) Projects with Federal involvement pursuant to CEQA Guidelines Section 15110.

(d) Failure to act. Upon the County's failure to act to approve, conditionally approve, or deny a development project within such time or extension thereof the applicant may invoke the Permit Streamlining Act pursuant to Government Code Section 65956 to constitute approval of the project subject to compliance with any standards, improvements, or dedications required by ordinance including adoption or certification of any required CEQA determination by the County.

(e) Notice of determination. After a decision to approve, conditionally approve, or deny any project for which an Negative Declaration, Mitigated Negative Declaration or EIR was prepared the Planning Director shall file a Notice of Determination pursuant to Section 15094 of the CEQA Guidelines (14 CCR § 15094).

(Ord. No. 1624)

When a project is proposed in which Yuba County has discretion in a minor capacity and when another agency is the lead agency, the County shall follow the procedures of this Section.

(1) Consultation. The Planning Director or his or her representative shall consult with the lead agency and furnish information and recommendations to assist the lead agency in preparing adequate documents for the project pursuant to Section 15063 of the CEQA Guidelines.

(2) Response to notice of preparation. As soon as possible, but no longer than 45 days after receiving a Notice of Preparation from a lead agency, the Planning Director shall send a written reply pursuant to Section 15096 of the CEQA Guidelines. The proposed reply may be presented to the Planning Commission or Board of Supervisors for information and comment prior to being sent.

(3) Review of draft EIRs and negative declaration. Within the review period allowed by the lead agency or by law, the Planning Director shall formulate comments on draft EIRs and negative declarations for projects that the County will later be asked to approve. Such comments may be based upon review and comments by the Development Review Committee, Planning Commission, or Board of Supervisors as deemed appropriate by the Planning Director.

(4) Decision on adequacy of draft EIRs and negative declarations. If the Planning Director believes that the EIR or negative declaration prepared by the lead agency is not adequate for use by the County, the Planning Director may bring the matter to the attention of the Planning Commission for recommendations and shall bring it to the attention of the Board of Supervisors for decision and possible action pursuant to Section 15096(e) of the CEQA Guidelines.

(Ord. No. 1624)

Where applicable, in accordance with Section 15183(f) of the CEQA Guidelines, compliance with appropriate County standards and ordinances can serve as mitigation to reduce significant effects. In such instances, the relevant standard or ordinance does not need to be listed as a mitigation measure in the environmental document so long as a discussion of the ability of the standard or ordinance to mitigate the effect is provided in the document's environmental analysis. The Planning Director shall maintain a list of those standards and ordinances that have been adopted by the Board of Supervisors with a finding that the standards or ordinances will substantially mitigate a particular environmental effect when applied to future projects.

(Ord. No. 1624)

The County shall approve a mitigation monitoring and reporting program ("monitoring plan") for all projects that it approves with a mitigated negative declaration or final EIR. The purpose of the monitoring plan is to ensure that the project applicant complies with all of the provisions or changes identified as mitigation measures during implementation of the project.

(1) Application. A monitoring plan shall be prepared for any private or public nonexempt discretionary project approved by Yuba County that is subject to either a Negative Declaration or EIR and that includes mitigation measures necessary to reduce impacts to a less-than-significant level. The applicant for or sponsoring department of the project shall prepare a draft monitoring plan and submit it to the Planning Department for independent review.

(2) Timing.

a. EIRs. Draft monitoring plans for projects for which an EIR is prepared shall be included in the draft EIR. The monitoring plan shall be subject to the same public review and comment accorded all other portions of the EIR. The final monitoring plan shall be adopted as a part of the CEQA findings for the subject project.

b. Negative declarations. If required for a mitigated negative declaration, a monitoring plan shall be prepared prior to adoption. The monitoring plan shall be attached to the proposed negative declaration as a supporting exhibit.

(3) Contents of plan. A monitoring plan shall contain, at a minimum, the following:

a. A listing of every mitigation measure contained in the EIR or mitigated negative declaration. The decision-making authority may modify or delete recommended mitigation measures so long as the appropriate findings are made. Also, reference should be made to the page in the EIR where the mitigation measure is described.

b. Identification of individuals or organizations responsible for monitoring and/or reporting.

c. Identification of individuals or organizations responsible for verifying compliance.

d. Identification of the phase (or date) of the permit process (e.g., prior to tentative map application, final map application, issuance of grading permit, issuance of building permit, certificate of occupancy, etc.) when each mitigation measure shall be initially implemented.

e. Identification of the frequency and duration of required monitoring, if a measure requires continuous, frequent, monthly, or annual monitoring.

f. Identification of when measure must be implemented (monitoring milestones) (e.g., prior to approval of final map).

g. Identification of the performance criteria for determining the success of the mitigation measure, if appropriate (e.g., success rate, measurement criteria, etc.).

h. Identification of a detailed work program and task assignments for monitoring, if appropriate.

i. Identification of the cost, proposed funding, and budget for the monitoring plan, if appropriate.

(4) Implementation.

a. Private projects. For private projects, the applicant shall be responsible for monitoring mitigation measure implementation and reporting in writing on the progress, completion, and any violations of the mitigation plan to the Planning Department. The applicant shall, in those reports, certify the sufficiency of the monitor's expertise in determining whether the mitigation measures were accomplished. The Planning Department, using qualified staff or contracted personnel, shall verify all information set forth in the applicant's reports, using field visits as necessary.

b. Public projects. For public projects, the sponsoring department shall be responsible for monitoring mitigation measure implementation and reporting in writing on the progress, completion and any violations of mitigation plan to the Planning Department.

c. Availability of reports. The reports specified in this Section are public information and shall be made available to the public as part of the normal County filing process.

(5) Fees.

a. All costs for the preparation and implementation of a monitoring plan shall be paid by the project applicant or sponsoring department, in accord with the adopted fee schedule.

b. The estimated cost of implementing the monitoring plan shall be submitted to the Planning Department and deposited in a trust account prior to the acceptance of any plans for review by the County for the issuance of demolition, construction, site preparation, grading, building permits, or other entitlement.

c. If the actual cost of required monitoring activities exceeds the initial deposit, the excess costs shall be submitted to the County prior to issuance of an occupancy permit unless otherwise specified in the mitigation plan. If the actual cost is less, the difference will be refunded to the applicant.

d. Mitigation plans that extend beyond 12 months may be funded with periodic payments instead of the full cost being submitted as specified above. This alternative fee arrangement must be specified in the proposed mitigation plan and approved by the decision-making authority.

e. Projects that include mitigation plans requiring monitoring for longer than 12 months will be required to demonstrate that long-term funding of monitoring will be ensured through one or more of the following mechanisms: deed restrictions; conditions, covenants and restrictions (CC&Rs); cash deposit; letters of credit; or other financial assurances acceptable to the County.

(6) Enforcement.

a. Violation of monitoring plan prior to project completion. Violation of the monitoring plan, where a mitigation measure is to be implemented during site preparation or building construction, shall result in notification of the violation by the Planning Director and issuance of a stop-work order by the appropriate County permit-issuing authority until the matter is resolved.

b. Violation of monitoring plan following project completion. Violation of an approved monitoring plan subsequent to project completion or occupancy shall result in one or more of the following actions:

1. The person or firm responsible for monitoring shall report (whether or not it is the normal time designated in the monitoring plan for reporting) to the Planning Director the facts surrounding the noncompliance.

2. Upon receipt of the monitoring report, the Planning Director shall place the report on the next available Board of Supervisors agenda and notify the applicant of this action. The Planning Director shall also notify any persons who have requested such notification.

3. The Board of Supervisors shall consider the report and any information presented by the applicant and shall determine whether or not there is a violation of the project approval.

4. If no violation is found, the applicant shall be so notified in writing.

5. If a violation is found that can be corrected, the applicant will be notified of the needed correction in writing and will be given a reasonable period of time (normally ten days) in which to correct the violation.

6. If a violation is found that cannot be corrected, or if the applicant fails to correct the violation according to Subsection 5. above, the County Counsel shall institute proceedings to stop work on the project and seek whatever legal remedies are available, such as, but not limited to prosecution of the responsible party for a misdemeanor; forfeiture of bonds, cash deposits, and/or letters of credit; and/or repeal of any land use entitlements.

(7) Amendment of mitigation program not permitted following adoption. Unless specifically authorized or required by the conditions of project approval, neither CEQA nor this Code authorize the County to modify or add mitigation measures if the monitoring program shows that the mitigation measures have not achieved the desired result.

(Ord. No. 1624)

The applicant or any aggrieved person may appeal the following environmental determinations directly to Board of Supervisors in the manner described in Section 11.53.150, Appeals and Calls for Review:

(1) Determination that a project is or is not subject to environmental review.

(2) Determination that a project is exempt from environmental review.

(3) Adoption of a negative declaration or mitigated negative declaration by the development review committee or planning commission.

(4) Certification of a final EIR by the development review committee or planning commission.

(Ord. No. 1624)