The purpose of this chapter is to implement the California Environmental
Quality Act (CEQA) (Public Resources Code Sections 21000 et seq.),
to supplement the State CEQA Guidelines (14 California Code Regulatory
Sections 15000 et seq.), to implement the Permit Streamlining Act
(Government Code Sections 65920 et seq.) and to implement Section
21081.6 of the Public Resources Code relating to mitigation monitoring.
(Ord. 5119-B, 2001)
The full text of CEQA and the State CEQA Guidelines, as they
may be amended from time to time, are incorporated by reference into
this chapter as if fully set out, and shall supersede any inconsistent
provisions of this chapter.
(Prior code § 31.106)
These definitions incorporate and supplement the definitions
used in the State CEQA Guidelines.
means an addition to an EIR or negative declaration where
some technical changes or additions are necessary but none of the
conditions for requiring preparation of a subsequent EIR or new negative
declaration have occurred, and which raises no new important issues.
No circulation or public review is required.
means a preliminary draft of an EIR or proposed negative
declaration submitted to the county for independent review.
means a preliminary draft of a final EIR submitted to the
county for independent review.
means the head of the community development/resource agency
of Placer County.
means reasonable alternate proposals that could feasibly attain most of the basic project objectives and could reduce or eliminate at least one significant effect of the project. This is defined further in Section 18.20.030 entitled "Contents of draft EIR."
means a person who proposes to carry out a project that needs
a lease, permit, license, certificate, or other entitlement for use
or financial assistance from one or more public agencies when that
person applies for governmental approval or assistance.
means a project description information, including IPA and
EQ and other information and supplemental entitlement detail deemed
necessary by the county to evaluate the project.
means:
The decision by a public agency that commits the agency to a
definite course of action in regard to a project intended to be carried
out by any person. The exact date of approval of any project is a
matter determined by each public agency according to its rules, regulations,
and ordinances. Legislative action in regard to a project often constitutes
approval.
With private projects, approval occurs upon the earliest commitment
to issue or the issuance by the public agency of a discretionary contract,
grant, subsidy, loan, or other form of financial assistance, lease,
permit, license, certificate, or other entitlement for use of the
project.
means the official, board, or commission responsible for
taking final action on a project under state law or county ordinance.
means the board of supervisors of the county of Placer.
means an exemption from CEQA for a class of projects based
on a finding by the Secretary for Resources that the class of projects
does not have a significant effect on the environment.
means the California Environmental Quality Act, California
Public Resources Code Sections 21000 et seq.
mean the State CEQA Guidelines, 14 California Code Regulations
Sections 15000 et seq., containing the principles, objectives, criteria
and definitions which implement CEQA.
means the agency which provides planning and direction over
those county functions that provide land use planning, management
of natural resources, building, inspection and code enforcement services,
and other permit and land use services to the citizens of Placer County.
The agency includes the divisions of engineering and surveying, planning,
and building and performs land development core functions such as
infrastructure planning, surveying and mapping, permits and construction.
Unless specifically provided otherwise, any reference in this chapter
to the "planning department" shall mean the planning division of the
community development resource agency.
means restrictions imposed on property and property owners
by private agreement.
means an evaluation by staff of submitted application (IPA,
EQ, etc.) to determine adequacy and applicability of CEQA.
means the county of Placer.
is a program that protects, streams, wetlands and other aquatic resources as defined in Section 19.10.040.
means a covered activity as defined in Section 19.10.040.
means any building, structure, sign, feature, site, place, area, or other object of scientific, aesthetic, educational, cultural, archaeological, architectural, or historic importance to the residents of Placer County, as defined in Section 15.60.230.
means the cultural resource management plan prepared for
the Placer County Conservation Program adopted by the county on September
1, 2020, and any amendments thereto.
refers to two or more individual effects which, when considered
together, are considerable or which compound or increase other environmental
impacts.
The individual effects may be changes resulting from a single
project or a number of separate projects;
The cumulative impacts from several projects represent the change
in the environment which results from the incremental impact of the
project when added to other closely related past, present, and reasonably
foreseeable probable future projects. Cumulative impacts can result
from individually minor but collectively significant projects taking
place over a period of time.
The term "days" as used throughout this chapter refers to
calendar days. When any time period referenced in this chapter falls
on a weekend or county holiday, the time period shall be considered
to run until the next regular county working day.
means decision by county that application is no longer valid.
means a project that requires the exercise of judgment or
deliberation when the public agency or body decides to approve or
disapprove a particular activity, as distinguished from situations
where the public agency or body merely has to determine whether there
has been conformity with applicable statutes, ordinances, or regulations.
The words "effects" and "impacts" as used in this chapter
are synonymous.
Effects include:
Direct or primary effects which are caused by the project and
occur at the same time and place;
Indirect or secondary effects which are caused by the project
and are later in time or farther removed in distance, but are still
reasonably foreseeable. Indirect or secondary effects may include
growth-inducing effects and other effects related to induced changes
in the pattern of land use, population density, or growth rate, and
related effects on air and water and other natural systems, including
ecosystems.
Effects analyzed under CEQA must be related to a physical change.
means the physical conditions which exist within the area
which will be affected by a proposed project including land, air,
water, minerals, flora, fauna, ambient noise, and objects of historical
or aesthetic significance. The area involved shall be the area in
which significant effects would occur either directly or indirectly
as a result of the project. The "environment" includes both natural
and man-made conditions.
means a conclusion by the lead department after reviewing
the EIAQ and preparing the initial study as to the appropriate environmental
document (negative declaration or EIR) to be prepared.
means a detailed statement prepared under CEQA describing
and analyzing the significant environmental effects of a project and
discussing ways to mitigate or avoid the effects. The contents of
an EIR are discussed in Article 9, commencing with Section 15120 of
the State CEQA Guidelines. The term "EIR" may mean either a draft
or a final EIR depending on the context.
"Draft EIR" means an EIR containing the information specified
in Sections 15122 through 15131 of the State CEQA Guidelines.
"Final EIR" means an EIR containing the information contained
in the draft EIR, comments either verbatim or in summary received
in the review process, a list of persons commenting, and the response
of the lead agency to the comments received. The final EIR is discussed
in detail in Section 15132 of the State CEQA Guidelines.
means an environmental impact document prepared pursuant
to the National Environmental Policy Act (NEPA). NEPA uses the term
EIS in the place of the term EIR which is used in CEQA.
means a questionnaire prepared by a project applicant and
required by the county to assist the lead department in preparation
of an initial study. The EQ provides environmental information about
the project to the county.
means those community development/resource agency or department
representatives selected or assigned by the agency director to carry
out the responsibilities of the lead department under this chapter,
and may include representatives of the community development/resources
agency, the planning department, the department of public works, the
division of environmental health, the air pollution control district
and the department of facility services.
means an independent review by the community development/resource
agency to verify that a project may be categorically or statutorily
exempt from further environmental review. This determination must
be approved by the approving authority for the project.
means capable of being accomplished in a successful manner
within a reasonable period of time, taking into account economic,
environmental, legal, social, and technological factors.
mean the joint habitat conservation plan and natural community conservation plan as defined in Section 19.10.040.
means a resource that meets the definition in CEQA Guidelines
Section 15064.5(a) as designated by the board of supervisors pursuant
to the provisions of this article.
The words "impacts" and "effects" as used in this chapter
are synonymous.
means a county evaluation of accuracy and completeness of
any information submitted by the applicant or applicant's representatives
or consultant to the county.
means initial project description information form(s) required
by the county.
means a preliminary study prepared by the ERC lead department
to determine whether an EIR or a negative declaration must be prepared,
or if a project is exempt or the issues are adequately addressed in
a prior environmental document.
means the county of Placer. The public agency which has the
principal responsibility for carrying out or approving a project.
The lead agency will decide whether an EIR or negative declaration
will be required for the project and will cause the document to be
prepared. Criteria for determining which agency will be the lead agency
for a project are contained in Section 15051 of the State CEQA Guidelines.
means the county department or community development/resource
agency of which the board of supervisors is the governing board which
has the principal responsibility for reviewing, or approving a project,
including environmental review of the project. The community development/resource
agency is typically the lead department for private land development
projects.
means an EIR prepared for a major project as set forth on
the land development fee schedule.
is defined as a residential project of five or more units,
a commercial, industrial, institutional or recreational project of
10 acres or greater, new commercial construction in excess of 10,000
square feet, conditional use permits, design review A & B, development
agreements, general plan amendments, rezoning, zoning text amendments,
specific plans, subdivision tentative maps. or any project undergoing
an environmental impact report (EIR).
means a governmental decision involving little or no personal
judgment by the public official as to the wisdom or manner of carrying
out the project. The public official merely applies the law to the
facts as presented but uses no special discretion or judgment in reaching
a decision. A ministerial decision involves only the use of fixed
standards or objective measurements, and the public official cannot
use personal, subjective judgment in deciding whether or how the project
should be carried out. In Placer County, ministerial permits include
but are not limited to various building permits, certificates of compliance,
various air pollution control district permits, various environmental
health permits, encroachment permits, load permits, sewer permits,
and Tahoe tree cutting permits.
This is discussed further in Section 18.20.030 entitled "Contents of draft EIR":
Avoiding the impact altogether by not taking a certain action
or parts of an action;
Minimizing impacts by limiting the degree or magnitude of the
action and its implementation;
Rectifying the impact by repairing, rehabilitating, or restoring
the impacted environment;
Reducing or eliminating the impact over time by preservation
and maintenance operations during the life of the action;
Compensating for the impact by replacing or providing substitute
resources or environments.
means the federal statute (Government Code Sections 4321
et seq.) requiring preparation of an EIS for major federal actions
significantly affecting environmental quality.
means a written statement by the lead agency briefly describing
the reasons that a proposed project, not exempt from CEQA, will not
have a significant effect on the environment and therefore does not
require the preparation of an EIR. The contents of a negative declaration
are described in Section 15071 of the State CEQA Guidelines.
means a brief notice stating that a public agency has completed
either a negative declaration or a draft or final EIR and that the
document is available for public review.
means a brief notice filed with OPR by a lead agency as soon
as it has completed a draft EIR and is prepared to send out copies
for review. An NOC is also required for NOPs and negative declarations
that are subject to state clearinghouse review. The contents of this
notice are explained in Section 15085 of the State CEQA Guidelines.
means a brief notice to be filed by a public agency after
it approves or determines to carry out a project which is subject
to the requirements of CEQA. The contents of this notice are explained
in Sections 15075 and 15094 of the State CEQA Guidelines.
means a brief notice which may be filed by a public agency
after it has decided to carry out or approve a project and has determined
that the project is exempt from CEQA as being ministerial, categorically
exempt, an emergency, or subject to another exemption from CEQA. The
contents of this notice are explained in Section 15062 of the State
CEQA Guidelines.
means a brief notice sent by a lead agency to notify the
responsible agencies, trustee agencies, and involved federal agencies
that the lead agency plans to prepare an EIR for the project. The
purpose of the notice is to solicit guidance from those agencies as
to the scope and content of the environmental information to be included
in the EIR. The contents of this notice are described in Section 15082
of the State CEQA Guidelines.
means a division of the Governor's Office that includes the
state clearinghouse for all CEQA documents.
means the status of an application following the lead department's
request for additional information in order to complete the application
and make an environmental determination. This status may be used by
the county to "freeze" mandatory CEQA time frames while the applicant
responds to the request for additional information.
means the application materials that must be submitted for applicable projects pursuant to Section 19.10.080.
means the joint exercise of powers agency, as defined in Section 19.10.040.
means the program described and implemented pursuant to Chapter
19, Article 19.10 (Placer County Conservation Program).
means a program which may be prepared on a series of actions
that can be characterized as one large project and are related either:
Geographically,
As logical parts in the chain of contemplated actions,
In connection with issuance of rules, regulations, plans, or
other general criteria to govern the conduct of a continuing program,
or
As individual activities carried out under the same authorizing
statutory or regulatory authority and having generally similar environmental
effects which can be mitigated in similar ways (See CEQA Guidelines,
Section 15168).
This is discussed further in Section 18.08.010 entitled "Actions that constitute a project."
means any information pertaining to the project that describes
features such as intent, purpose, layout and uses.
means the draft negative declaration circulated for public
review.
means the process for the county to resume processing of
a suspended application. Following submittal of the requested information,
environmental review continues from the point reached prior to suspension,
and mandatory CEQA time periods resume.
means a public agency which proposes to carry out or approve
a project, for which a lead agency is preparing or has prepared an
EIR or negative declaration. For the purposes of CEQA, the term "responsible
agency" includes all public agencies other than the lead agency which
have discretionary approval power over the project.
means a substantial, or potentially substantial, adverse
change in any of the physical conditions within the area affected
by the project including land, air, water, minerals, flora, fauna,
ambient noise, and objects of historic or aesthetic significance.
An economic or social change by itself shall not be considered a significant
effect on the environment. A social or economic change related to
a physical change may be considered in determining whether the physical
change is significant.
means a department of the county of Placer that proposes
to carry out a project.
means an additional EIR prepared where subsequent changes
are proposed in the project that would result in new significant environmental
impacts that require major or important revisions to the previous
EIR or negative declaration, substantial changes have occurred with
respect to the circumstances under which the project is undertaken,
or new information of substantial importance to the project becomes
available. Public notice and circulation is required. (CEQA Guidelines,
Section 15162)
As used in this chapter and the State CEQA Guidelines, "substantial
evidence" means enough relevant information and reasonable inferences
from this information that a fair argument can be made to support
a conclusion, even though other conclusions might also be reached.
Whether a fair argument can be made is to be determined by examining
the entire record. Mere uncorroborated opinion or rumor does not constitute
substantial evidence.
means an EIR required when a subsequent EIR would be required
except only minor changes are required in the previous EIR or negative
declaration, substantial changes have occurred with respect to the
circumstances under which the project is undertaken, or new information
of substantial importance to the project becomes available. Public
notice and circulation is required.
means land use entitlement forms (e.g., general plan amendment,
rezone, conditional use permit, variance, etc.) requested by the lead
department to clarify, amplify, correct, or otherwise supplement the
application.
means the status of an application following the community
development/resource agency's determination that there has been an
unreasonable delay by the applicant in providing requested information
and/or required submittals. Mandatory CEQA timeframes shall be frozen
by the county during this period (refer to CEQA Guidelines Section
15109).
means a federal incidental take permit issued by the USFWS
or the NMFS pursuant to Section 10(a)(1)(B) of the ESA, and the state
take authorization issued by CDFW pursuant to Section 2835 of the
California Fish and Game Code, to the county of Placer.
means the coverage of general matters in broader EIRs (such
as on general plans or policy statements) with subsequent narrower
EIRs or ultimately site-specific EIRs incorporating by reference the
general discussions and concentrating solely on the issues specific
to the EIR subsequently prepared. Tiering is appropriate when the
sequence of EIRs is:
From a general plan, policy, or program EIR to a program, plan,
or policy EIR of lesser scope or to a site-specific EIR.
From an EIR on a specific action at an early stage to a subsequent
EIR or a supplement to an EIR at a later stage. Tiering in such cases
is appropriate when it helps the lead agency to focus on the issues
which are ripe for decision and exclude from consideration issues
already decided or not yet ripe.
means a tribal cultural resource that meets the definition
in Section 21074 of the Public Resources Code.
means a state agency having jurisdiction by law over natural
resources affected by a project, which are held in trust for the people
of the State of California (e.g., Department of Fish and Wildlife,
State Lands Commission, Department of Parks and Recreation, University
of California).
means the delay of 30 days or more by the applicant in providing
requested information and/or required submittals.
means a way of denying a project that allows an applicant
to redesign or resubmit the project within one year. Creates an automatic
exemption to local regulations that would otherwise prohibit such
a resubmittal by an applicant when the application has been previously
heard and denied by the approving authority.
(Ord. 5119-B, 2001; Ord 5318-B, 2004; Ord.
5373-B, 2005; Ord. 5498-B § 1, 2008; Ord. 5618-B § 6, 2010; Ord. 5688-B § 10, 2012; Ord. 6042-B § 1, 2020)
This chapter shall apply to public projects directly carried
out by county departments, as well as to private projects requiring
county entitlements and approvals.
(Prior code § 31.280)
A.
When
the county plans to carry out a nonexempt public project, the sponsoring
department will participate in the environmental review process in
a manner similar to that for private project applicants. In this situation,
the lead department in consultation with other agencies where applicable,
shall independently review environmental documentation prepared by/for
the sponsoring department.
B.
As
an alternative, and only on an exception basis approved by the county
executive officer, the sponsoring department may retain all responsibilities
of the lead department as described in this chapter. Under this option,
the sponsoring department shall prepare and process all environmental
documentation.
(Ord. 5119-B, 2001)
When a nonexempt private project is subject to discretionary approval by the county, the applicant shall prepare an EQ, initial project application (IPA) and PCCP authorization application (Article 19.10, Section 19.10.080) when applicable (these documents together shall be known as the "application") and submit them to the lead department. The lead department shall review the application. The lead department will prepare the initial study and determine whether a negative declaration or an EIR shall be prepared or that a prior environmental document has adequately addressed any potential issues in compliance with CEQA. The lead department is responsible for preparing the proposed negative declaration or EIR. The lead department, in consultation with other agencies where applicable, shall independently review all environmental documents or special studies prepared by an applicant or by any consultant under contract to the county.
(Ord. 5119-B, 2001; Ord. 5373-B, 2005; Ord.
6042-B § 1, 2020)
A.
Review
of Application for Filing. All applications for nonexempt land development
projects shall be filed with the lead department and shall include
the following (the EQ and the IPA together shall be known as the "application"):
B.
PCCP
authorization Application. If Chapter 19, Article 19.10 applies to
the project, it is also necessary to provide PCCP authorization application
documents consistent with the requirements of Article 19.10.080 (Data
to accompany applications subject to the PCCP) including the following:
1.
Project
description and site plan that depicts the location of permanent,
direct, indirect, and temporary effects on covered species;
2.
Documentation
on natural community types on site or affected by the project mapped
to an accuracy of 0.1 acre for each natural community type present
on the project site;
3.
Descriptions
of any aquatic resources of Placer County on the project site and
project vicinity, including any areas within an adjacent wetland zone;
4.
Mapping
of the stream system and salmonid streams;
5.
A
biological resources effects assessment for project effects on biological
resources addressed by the PCCP;
6.
Species
survey results if natural communities are present which support covered
species;
7.
A
description of methods used to avoid and minimize impacts to protected
resources;
8.
Any
materials necessary for the county to prepare a baseline consistency
determination including evidence of changes to the project site's
land-cover since 2004;
9.
Background
documentation on the proposed use of mitigation/conservation bank
credits and/or a request to contribute land in lieu of fee payments;
10.
Any additional site plans or other information that depicts or describes
the location of permanent, direct, indirect and temporary effects
on covered species or aquatic resources of Placer County.
C.
Review
of Application for Completeness.
1.
The
lead department shall determine in writing whether an application
is complete within 30 days of receipt (filing). If the application
is incomplete it shall be immediately returned to the applicant with
a written specification as to why it is not complete and with a request
for additional information or suggested revisions to ensure completeness.
The applicant has 30 days to provide a specified number of copies
of the requested information to the lead department and said department
has 30 days to determine whether the resubmitted application is complete.
This cycle may be repeated until the application is determined to
be complete.
An application is considered complete when the lead department:
a.
Has sufficient information to determine that a project is categorically
exempt; or
b.
That a negative declaration can be prepared, including any appropriate
mitigation measures identified; or
c.
That an EIR is to be prepared and the probable environment impacts
of the proposed project can be reasonably stated; or
d.
That there is sufficient information for compliance with Chapter
19, Article 19.10, if applicable.
2.
If
the application is not found to be complete within 30 days and if
the county has not requested additional information, the application
is "deemed" complete on the thirtieth (30th) day.
D.
Additional
Information. After an application has been accepted as complete, the
lead department may require the applicant to submit additional information
needed for environmental evaluation of the project. All submittals
of additional information required either before or after the application
has been accepted as complete, shall be submitted to the lead department.
E.
Supplemental Entitlement Detail. The applicant shall, at the lead department's direction, complete a supplemental entitlement detail form(s) in order to provide additional information necessary to clarify, amplify, correct, or otherwise supplement the application regarding the specific land use entitlement(s) required/requested. Such information shall be submitted within 30 days from the date the negative declaration is posted or lead department acceptance of the administrative final EIR. This form(s) shall be accompanied by the appropriate entitlement review fee(s) as set forth in the land development fee schedule, and shall be submitted as described in Section 18.20.060, entitled "The final EIR."
(Ord. 5119-B, 2001; Ord. 5373-B, 2005; Ord.
6042-B § 1, 2020)
