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.
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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.
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(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:
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)
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 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)
