Within 30 days after acceptance of an application as complete,
the ERC shall complete the initial study, make a determination as
to whether an EIR is required or a negative declaration is to be prepared,
and provide written communication of this determination to the applicant.
(Ord. 5119-B, 2001)
When preparing an initial study, the lead department must consult
informally with all responsible and trustee agencies, and formally
with California Native American tribes that requested consultation
under CEQA, to obtain recommendations, within that agency's jurisdiction
or area of expertise, as to whether an EIR or negative declaration
should be prepared.
(Ord. 5119-B, 2001; Ord. 6042-B § 1, 2020)
Following preliminary review, the ERC shall prepare an initial
study for nonexempt projects to determine if the project may have
a significant effect on the environment.
(Ord. 5119-B, 2001)
A. The
initial study shall contain, in brief form: a project description,
a description of the environmental setting, an identification of environmental
effects, a discussion of mitigation measures for any significant environmental
effects, an analysis of project consistency with applicable land use
regulations, and an identification of parties who participated in
preparing the initial study. The initial study shall disclose the
persons, the source, and the contents of information used in reaching
conclusions regarding the significance of a project's environmental
effects. Following independent review of the EQ, the initial study
may append and incorporate the EQ by reference.
B. 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 or community development/resource
agency 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. Mandatory
Findings of Significance. A project may be found to have a significant
effect on the environment if any of the following findings are made
by the ERC (see CEQA Guidelines Code Section 15065):
1. The
project has the potential to substantially degrade the quality of
the environment, substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal community, reduce
the number or restrict the range of a rare or endangered plant or
animal, eliminate important examples of the major periods of California
history or prehistory, or cause a substantial adverse change in the
significance of a tribal cultural resource.
2. The
project has the potential to achieve short-term environmental goals
to the disadvantage of long-term environmental goals.
3. The
project has possible environmental effects which are individually
limited but cumulatively considerable. "Cumulatively considerable"
means that the incremental effects of an individual project are considerable
when viewed in connection with the effects of past projects, the effects
of other current projects, and the effects of probable future projects,
as defined in CEQA Guidelines, Section 15130.
4. The
environmental effects of a project will cause substantial adverse
effects on human beings, either directly or indirectly.
B. Environmental
Thresholds. The county may establish quantitative or qualitative thresholds
for determining impact significance.
C. Baseline
for Threshold Decision. In assessing whether the effects of changes
in land use designations (e.g., general plan amendments or rezonings)
are significant, impacts shall be determined by comparing the proposed
land uses to existing preproject environmental conditions. Future
environmental conditions under the existing (adopted) land use designations
shall not be used as a baseline.
(Ord. 5119-B, 2001; Ord. 5470-B § 1, 2007; Ord. 6042-B § 1, 2020)