A. 
Where Merced County is lead agency for a project as specified by the California Environmental Quality Act (CEQA), the Planning Director, or his or her appointee, shall prepare all environmental documents and recommendations related thereto. This responsibility includes, but is not limited to, the preparation of initial studies, notices of exemption, negative declarations, mitigated negative declarations and Environmental Impact Reports (EIR) according to CEQA laws and guidelines.
Where the County of Merced is a responsible agency as specified by CEQA, the Planning Director or his or her appointee shall coordinate the evaluation of and responses to all environmental documents for such projects.
When CEQA review is required for projects not typically processed by the Planning Department, i.e., Block Grants/or otherwise, the department responsible for such projects shall coordinate the environmental review of the project with the Planning Director or his or her appointee.
The Merced County Planning Director shall request technical assistance from other County departments, public agencies and individuals as is appropriate for the review, response and preparation of all environmental documents. When technical assistance or information is requested of other County departments, said department shall respond within a reasonable period of time, typically, 10 days.
If any person or public agency who is consulted with fails to comment within a reasonable period of time, in the absence of a request for a specific time extension, it shall be assumed that such agency or person has no comment to make. In addition, public agencies and members of the public shall submit all comments and recommendations in writing prior to the public hearing(s) or written or verbal comments at the public hearing(s).
B. 
The Planning Director shall prepare a resolution designating objectives, criteria and specific procedures for the County of Merced in compliance with CEQA laws and guidelines.
(Ord. 892, 1973; Ord. 1150, 1984; Ord. 1322, 1990; Ord. 1492, 1992)
A. 
Purpose and Findings. A significant number of undeveloped lots exist in the unincorporated agricultural zones of Merced County that were created prior to the enactment of a local subdivision ordinance and the California Environmental Quality Act (hereinafter "CEQA"). This Board finds that development of lots in these antiquated subdivisions for residential units may result in significant impacts on water and air quality, and traffic and would result in the conversion of valuable agricultural land.
This Board finds that environmental review should be required upon application for residential building permits, encroachment permits, water well permits or an on-site sewage system permits for lots located within these antiquated subdivisions.
The Board further finds that granting of a building permit, an encroachment permit, domestic water well permit or an on-site sewage system permit for lots located within these antiquated subdivisions is a discretionary project.
B. 
Environmental Review Required. All applications for a residential building permit, encroachment permit, water well permit, or an on-site sewage system permit shall require environmental review pursuant to the California Environmental Quality Act (CEQA) if the lot or lots for which the permit is sought meet the following criteria:
1. 
The lot is less than 20 acres and located in an A1 Zone or the lot is less than 160 acres and located in an A2 Zone; and
2. 
The lot is within an antiquated subdivision created (a subdivision creating five or more lots by the recording of a final map prior to April 1, 1965).
C. 
Exceptions to Environmental Review Requirements. The following types of projects shall be exempt from environmental review pursuant to CEQA, which would otherwise qualify under Subdivision B of this section:
1. 
Building Permits for additions or repairs to existing residential dwellings or for the replacement of a dwelling provided the permit request for a replacement dwelling is submitted within 12 months of the date the residence was removed or destroyed.
2. 
Replacement of an existing domestic well or septic system.
3. 
Building permits for residential dwellings, on-site septic systems, well permits and encroachment permits involving a parcel created by a Parcel Map recorded after April 1, 1965.
4. 
Building permits for residential dwellings, on-site septic systems, well permits and encroachment permits involving a legally created parcel, which is part of an earlier recorded subdivision lot in which the original subdivision lot is 20 acres or greater located in the A-1 Zone or 160 acres or greater located in the A-2 Zone.
5. 
Encroachment permits issued to move access for an existing residence to another location on the same lot.
6. 
Building permits for residential dwellings, on-site septic systems, well permits and encroachment permits on lots which have been voluntarily merged into larger holdings of at least 20 acres in the A-1 Zone and 160 acres in the A-2 Zone.
D. 
Procedure for Permits When Environmental Review is Required. When it is determined that an application for a building permit, an encroachment permit, a domestic water well permit or an on-site sewer system permit (hereinafter referred to collectively as "Permit") falls within the provisions of subdivision "B" of this section, the County official authorized to issue the Permit (hereinafter referred to as "Permit Official") shall, in addition to the other requirements for the Permit:
1. 
Refer the application to the planning director for environmental review as required for a lead agency under § 2.52.010 of this Code. The application for a Permit is not deemed complete until the general requirements for a Permit and the requirements for environmental analysis and review are completed. The planning department shall prepare the necessary environmental documentation and coordinate with the Permit Official for public review of any environmental documents prior to consideration of the application.
2. 
Where in the opinion of the Planning Department a permit qualifies for a categorical or statutory exemption from CEQA, the Planning Department will file a Notice of Exemption with the County Clerk. This determination will then be forwarded to the Permit Official who will not consider the permit until after five days following filing of the Notice of Exemption.
3. 
After public notice and public review of the environmental documentation prepared by the Planning Department, as required by CEQA and local procedures for all non-exempt permits, the Permit Official shall review, consider, approve or certify the environmental documents and comments thereon as required by law, prior to granting or denying an application for a Permit. The Permit official must adopt any appropriate mitigation measures to reduce environmental impacts identified in a Mitigated Negative Declaration or Environmental Impact Report if applicable to the project. No permit shall be granted without full compliance with the provisions of CEQA and this chapter. If an Environmental Impact Report ("EIR") identifies any significant environmental effect that is not mitigated to an insignificant level, the Permit Official must take written findings supported by substantial evidence in the record that the mitigation measures or alternatives identified in the EIR are infeasible and that economic, social, or other considerations override the unmitigated environmental effects of the project.
(Ord. 1370, 1991; Ord. 1400, 1992)
Appeals shall be as provided for in a resolution as outlined above in § 2.52.010.2.
(Ord. 1322, 1990; Ord. 1400, 1992)
Fees to conduct the environmental analysis and monitoring of projects shall be established by a resolution of the Board of Supervisors.
(Ord. 1400, 1992; Ord. 1322, 1990)
Any person, firm or corporation, whether as principal, agent, employee of otherwise, violating any provisions of this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than $500, or by imprisonment in the County Jail for a period of not more than six months or both such fine and imprisonment. Each day that violation of this chapter continue shall be considered a separate offense.
(Ord. 1150, 1984; Ord. 1322, 1990; Ord. 1400, 1992)