A. 
The county shall prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on any project that they intend to carry out or approve which may have a significant effect on the environment. Determining whether a project may have a significant effect plays a critical role in the CEQA process. If there is substantial evidence, in light of the whole record before a lead agency, that a project may have a significant effect on the environment, the agency shall prepare a draft EIR. When a report is required by Section 65402 of the Government Code, the environmental impact report may be submitted as a part of that report.
B. 
For purposes of this section, any significant effect on the environment shall be limited to substantial, or potentially substantial, adverse changes in physical conditions which exist within the area as defined in Section 21060.5 of CEQA.
(Ord. 5119-B, 2001)
A. 
Preparation after the determination has been made that an EIR is required for a project, the lead department shall prepare the notice of preparation (NOP). The applicant shall submit a specified number of copies of the project description and related exhibits to the lead department for distribution along with the appropriate processing fee as set forth in the land development fee schedule.
B. 
Contents. At a minimum, the NOP shall include a project description, a site plan, a vicinity map, the EQ, information required to comply with the PCCP, if applicable (Section 19.10.080), the initial study and a description of the probable environmental effects of the proposed project. Upon completion of the NOP, the lead department shall compile and attach a mailing list.
C. 
Mailing. The lead department shall use either certified mail or any other method of transmittal which provides it with a record that the notice was received to distribute the NOP 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 Chapter 19, Article 19.10;
4. 
The state clearinghouse;
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 who have previously requested notice, including any person who has filed a written request for such notice with the lead department;.
9. 
The Placer Conservation Authority for projects that must comply with Chapter 19, Article 19.10.
D. 
Review. The public review period for the NOP shall be 30 days. If any entity consulted with regard to the NOP fails to comment within the time period, it shall be assumed that the entity has no comment to make.
E. 
Posting. The NOP shall be posted in the office of the county clerk for 30 days.
F. 
Comments. At the close of the comment period, the lead department shall transmit all comments to the applicant.
(Ord. 5119-B, 2001; Ord. 5373-B, 2005; Ord. 6042-B § 1, 2020)
A. 
Prior to preparation of the administrative draft EIR, a scoping meeting shall be conducted by the lead department for any of the following:
1. 
A proposed project that may affect highways or other facilities under the jurisdiction of the Department of Transportation (Caltrans) if the meeting is requested by the department. The county lead department shall call the scoping meeting as soon as possible but not later than 30 days after receiving the request from the Department of Transportation.
2. 
A project of statewide, regional or area-wide significance.
B. 
The lead department shall provide notice of the scoping meeting to all of the following:
1. 
Any adjoining county or city;
2. 
Any responsible agency;
3. 
Any public agency that has jurisdiction by law with respect to the project;
4. 
Any organization or individual who has filed a written request for the notice.
(Ord. 5250-B (Exh. 1) (part), 2003)
A. 
Public Projects. The sponsoring department shall prepare, or cause to have prepared, the draft and final EIR or cause the county to contract with a qualified consultant to prepare it. The county will authorize the preparation of an EIR on a public project with a contract between the lead department, sponsoring department, and EIR consultant. The county executive officer is authorized to execute such contracts on behalf of the county when the EIR consultant is selected from the pre-approved environmental consultant list. The maximum amount of each contract shall not exceed the limit set forth in California Government Code Section 25502.5.
B. 
Private Projects.
1. 
For all projects where an EIR is required, the applicant shall enter into a private party contract with the county for the preparation of a draft and final EIR. The county will authorize the preparation of an EIR on a private project, based on a three-party agreement between the lead department (county), developer, and EIR consultant. The county executive officer shall be authorized to execute the agreement on behalf of the county.
(Ord. 5119-B, 2001; Ord. 5317-B § 1, 2004)
A. 
General. The draft EIR shall contain the information required by the State CEQA Guidelines (Sections 15120—15131). The document shall be written in plain language and shall use appropriate graphics. The text of draft EIRs shall normally be less than 150 pages, and for projects of unusual scope or complexity, shall normally be less than 300 pages. Discussions shall be concise and focus on significant environmental issues. Full size exhibits shall be submitted with the administrative draft EIR that meet Section 16.12.040 of the county's subdivision regulations. Effects dismissed in the initial study or NOP as clearly insignificant and unlikely to occur need not be discussed further in the EIR unless the lead department subsequently receives information which would be inconsistent with that finding. However, pursuant to CEQA Guidelines Section 15128, the EIR shall contain a brief statement indicating the reasons why various possible significant effects were determined not to be significant and were therefore not discussed in the EIR. A copy of the initial study or NOP should be attached to the EIR to provide a basis for limiting the impacts discussion. 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 community development/resource agency and shall be kept confidential in the EQ file or other location determined by the planning department. The following sections supplement the State CEQA Guidelines Draft EIR content requirements.
B. 
Summary. Every EIR shall contain a brief, and clearly and simply written summary. The EIR summary shall indicate those environmental effects that are considered significant, and those that are considered less than significant. For each significant impact, the summary shall indicate mitigation measures or alternatives capable of reducing the impact, and whether the impact is still considered significant following implementation of the mitigation measures or alternatives. Mitigation measures shall identify which measures are necessary to be a part of project conditioning in order to avoid a finding of "significant and unavoidable after mitigation." The summary shall identify any unresolved issues or areas of controversy.
C. 
Project Description. In addition to the requirements stated in Section 15124 of the State CEQA Guidelines, when an individual project is part of or leads to a larger future project, the EIR project description and impact analysis shall include the larger future project when:
1. 
The larger future project is a reasonably foreseeable consequence of the initial project;
2. 
The larger future project will be significant because it will likely change the nature or scope of the initial project or its environmental effects; or
3. 
Sufficient information is available about the larger future project to describe it and discuss its environmental effects in at least general terms.
D. 
Alternatives.
1. 
A range of reasonable alternatives to the project or to the location of the project, which could feasibly attain most of the basic objective of the project (i.e., off-site alternatives) shall be considered in the draft EIR. A conceptual site plan shall be provided for each alternative. The comparative merits of the alternatives shall be evaluated.
2. 
If the draft EIR concludes that no feasible alternatives to the proposed project exist, or that any particular alternative is infeasible, the draft EIR shall also discuss the rejected alternative(s) and reasons for rejection in sufficient detail to enable meaningful public review.
3. 
The following factors shall be considered in determining the appropriateness of consideration of alternative locations as defined in Section 15126.6(f)(2) of the State CEQA Guidelines:
a. 
Whether alternative sites exist which feasibly attain most of the basic project objectives;
b. 
Whether the proposed project site has significant environmental constraints or would cause significant adverse impacts;
c. 
Whether the lead department is making a discretionary land use decision on siting of the project;
d. 
Whether the project at the proposed site is incompatible with adjacent land uses;
e. 
Whether the project is consistent with county adopted plans.
4. 
If no reasonable offsite alternatives exist, the draft EIR, in a clearly identified section, shall expressly state and explain this finding. For private or public projects, alternative sites shall not be found unreasonable merely because the project applicant owns no other sites in the project area, or because of additional cost.
5. 
Development of alternatives shall focus on alternatives that have the potential to reduce significant environmental effects and attain project objectives.
E. 
Environmental Setting. The environmental setting shall consist of existing, preproject environmental conditions. The draft EIR shall include a comparison of impacts of the proposed project to impacts of maintaining such existing conditions.
F. 
Impact Analysis. The EIR shall indicate whether each environmental impact is considered significant or less than significant, and describe the quantitative or qualitative criteria used to determine impact significance. When mitigation measures are proposed to reduce a significant impact, the EIR shall indicate whether the impact is reduced to a less-than-significant level following mitigation.
G. 
Cumulative impact analysis. When the cumulative impact analysis is performed by listing all known projects (the "list" approach), the following projects shall be considered:
1. 
Projects partially occupied or under construction;
2. 
Projects which have received final discretionary approvals;
3. 
Projects whose applications have been accepted as complete and are currently undergoing environmental review;
4. 
Proposed projects that have been discussed publicly by an applicant or that otherwise become known to the lead department, provided sufficient information is available about the project to allow at least a general analysis of environmental impacts.
H. 
Mitigation Measures.
1. 
Mitigation measures shall be described in EIRs in sufficient detail to permit a reasonable assessment of their feasibility and environmental effects.
2. 
Mitigation measures are specific actions that correct, minimize, or rectify an impact, reduce an impact over time, or compensate for an impact. Refer to Section 18.04.030.
3. 
Mitigation measures contained in EIRs are intended to be feasible, specific, and enforceable. Mitigation measures shall be specifically written in language that can be directly applied to conditions of approval by the approving authority. Mitigation measures shall be tangible actions developed prior to project approval that will change physical environmental conditions so that they are able to be monitored effectively following project approval. Refer to Section 18.04.030.
4. 
Mitigation measures shall be separated to distinguish between the measures proposed by the applicant, and other recommended measures that could reasonably be expected to reduce adverse impacts.
5. 
Mitigation measures shall be correlated to indicate which measure is intended to reduce a particular impact.
6. 
Mitigation measures shall be identified to indicate which measures are necessary to be a part of project conditioning in order to avoid a finding of significant and unavoidable after mitigation.
(Ord. 5119-B, 2001)
A. 
The lead department shall independently review the administrative draft EIR to determine whether it conforms with the provisions of CEQA, the State CEQA Guidelines, and this chapter.
B. 
If the administrative draft EIR is not in compliance with the above, it shall immediately be returned to the consultant with a written specification as to why it does not comply, and with suggested revisions to ensure compliance. The consultant shall submit a revised administrative draft EIR to the lead department for review. The lead department shall independently review the second administrative draft EIR and return it to the consultant with written comments if additional work is required.
C. 
Once the administrative draft EIR has been determined to be in conformance with CEQA, the lead department shall approve it for public release as the county's draft EIR.
(Ord. 5119-B, 2001)
A. 
Notice of Completion. As soon as the draft EIR is published, a notice of completion (NOC) and 15 copies of the draft EIR shall be filed by the lead department with the State Clearinghouse.
B. 
Public Notice. In addition to the NOC, the lead department shall provide a notice of availability (NOA) of a draft EIR. Notice shall be given in at least one of the following ways:
1. 
Publication in a generally circulated newspaper of the affected region;
2. 
Posting onsite and offsite in the area of the project location; or
3. 
Direct mailing to owners and occupants of property contiguous with the project area (shown from latest equalized roll).
C. 
Contents of Notice. The NOA shall disclose the following:
1. 
A brief description of the proposed project and its location.
2. 
The starting and ending dates for the review period during which the lead agency will receive comments. If the review period is shortened, the notice shall disclose that fact.
3. 
The date, time, and place of any scheduled public meetings or hearings to be held by the lead agency on the proposed project when known to the lead agency at the time of notice.
4. 
A list of the significant environmental effects anticipated as a result of the project, to the extent which such effects are known to the lead agency at the time of the notice.
5. 
The address where copies of the EIR and all documents referenced in the EIR will be available for public review. This location shall be readily accessible to the public during the lead agency's normal working hours.
6. 
The presence of the site on any of the lists of sites enumerated under Section 65962.5 of the Government Code including, but not limited to, lists of hazardous waste facilities, land designated as hazardous waste property, hazardous waste disposal sites and others, and the information in Hazardous Waste and Substances Statement required under subsection (f) of that section.
D. 
Distribution of Notice. The NOA 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 Chapter 19, Article 19.10;
4. 
The State Clearinghouse, if one or more state agencies is a responsible or trustee agency;
5. 
Other agencies which exercise authority over resources which 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 who have previously requested notice, including any person who has filed a written request for such notice with the lead department, and all those participating in the EIR scoping meeting (oral and written commenters);
9. 
The Placer Conservation Authority for projects that must comply with Chapter 19, Article 19.10.
E. 
Posting of Notices. The NOA shall be posted in the county clerk's office for 30 days.
F. 
Distribution of Draft EIRS. At a minimum the draft EIR shall be mailed to the following parties:
1. 
The State Clearinghouse (15 copies) with a copy of the NOC, if one or more state agencies is a responsible or trustee agency, or if the project is of statewide, regional, or area wide significance (as defined in CEQA Guidelines Section 15206);
2. 
Public libraries serving the project area;
3. 
Any public or private agency that would provide services (water, wastewater, schools, law enforcement, fire protection, parks and recreation, solid waste collection, gas, and electricity);
4. 
Any city or county adjacent to the county that could be affected by the project;
5. 
Any organizations and individuals who have previously requested the draft EIR, including any person who has filed a written request for the EIR with the lead department;
G. 
Review Period for Draft EIRS.
1. 
For projects of statewide, regional, or area wide significance, the minimum public review period for draft EIRs shall be 45 days, unless the county requests a shorter review period of at least 30 days and the State Clearinghouse grants this request. The maximum public review period shall not exceed 120 days.
2. 
For all other projects, the minimum public review period for draft EIRs shall be 30 days.
3. 
If any entity consulted with regard to a draft EIR fails to comment within the time period set forth in subsection (G)(1) of this section, it shall be assumed that the entity has no comment to make. The County need not respond to later comments, but may choose to respond to some or all late comments at its discretion.
4. 
To the extent permitted by law, testimony at public hearings held on the project after the close of the comment period may be limited to those comments raised orally at the ERC hearing and those comments received in writing by the close of the comment period.
H. 
Recirculation of Draft EIR. If, following initial public review, new information of substantial importance is added to the EIR, it shall be recirculated prior to preparation of a final EIR. Recirculation shall be required if any of the conditions defined in Section 15088.5 of the State CEQA Guidelines are present. Such recirculations are subject to the same minimum and maximum time periods as specified for the first circulation.
(Ord. 5119-B, 2001; Ord. 5250-B (Exh. 1), 2003; Ord. 6042-B § 1, 2020)
A. 
Contents of Final EIR.
1. 
The draft EIR or a revision thereof;
2. 
Comments received on the draft EIR either verbatim or in summary;
3. 
A list of persons, organizations, and public agencies commenting on the draft EIR;
4. 
The responses to comments which address significant environmental issues received on the draft EIR during the public review period;
5. 
Final mitigation monitoring and reporting plan.
B. 
Format of Final EIR.
1. 
The response to comments section of the final EIR should make a reference to the location in the text of the draft EIR where changes are to be made. These changes would actually appear in the reprinted draft EIR in the form of bolded text where additions have been made and where deletions have occurred, the text shall be struck out.
2. 
The comments and responses to comments will be forwarded to only those agencies and individuals who commented on the draft EIR as per Section 18.20.060(E).
3. 
If the project is a general plan, specific plan, community plan, or master use permit (i.e., subsequent discretionary approvals required), the draft EIR text shall be revised after the final certification hearing such that the revised text has been removed with the final language remaining. The CEQA findings adopted as part of the project's approval shall also be included.
4. 
All other projects can be filed following EIR certification with the bold and struck out text remaining intact.
C. 
County Review of Final EIR.
1. 
The lead department shall independently review the administrative final EIR to determine whether it conforms with the provisions of CEQA, the State CEQA Guidelines, and this chapter.
2. 
If the administrative final EIR is not in compliance with the above, it shall immediately be returned to the consultant with a written specification as to why it does not comply, and with suggested revisions to assure compliance.
3. 
Once the administrative final EIR has been determined to be in conformance with CEQA, the ERC lead department shall approve it for public release as the county's final EIR. The applicant shall be notified of such approval.
D. 
Filing and Mailing. One copy of the final EIR shall be placed on file within the community development/resource agency and either a copy of the final EIR or the response to comments shall be mailed to each person, organization, or public agency who submitted comments in writing.
E. 
Supplemental Entitlement Detail. Following the lead department's acceptance of the final EIR, the applicant shall submit the supplemental entitlement detail form(s) applicable for the specific land use entitlements required/requested by the project. 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 within 30 days of the lead department's acceptance of the administrative final EIR.
F. 
Review Period for Final EIRs. The minimum period that a final EIR shall be available to the public in advance of a public hearing on the project shall be 10 days.
G. 
Certification. The final EIR shall be presented to the approving authority, who shall certify that: (1) the final EIR has been completed in compliance with CEQA, the State CEQA Guidelines, and this chapter; (2) that the final EIR was presented to the approving authority, who reviewed and considered the information in the final EIR prior to project approval; and (3) the final EIR reflects the lead agency's independent judgment and analysis.
(Ord. 5119-B, 2001; Ord. 5373-B, 2005)
A. 
Findings for Approval. The approving authority shall not approve or carry out a project for which an EIR was completed unless:
1. 
The project as approved will not have a significant effect on the environment; or
2. 
The approving authority has:
a. 
Eliminated or substantially lessened all the significant effects on the environment, where feasible, and
b. 
Determined that any remaining unavoidable significant effects on the environment are acceptable due to overriding considerations.
B. 
Findings for Each Significant Impact. When the approving authority decides to approve a project for which an EIR identifies one or more significant environmental effects, it shall make one of the following findings for each significant effect:
1. 
The project has been changed, or is required to be changed, to avoid (eliminate) or substantially lessen the significant impact;
2. 
Such changes to the project are within the responsibility and jurisdiction of another agency and such changes have been adopted or can and should be adopted by such agency;
3. 
Specific economic, legal, social, technological or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make the mitigation measures or alternatives identified in the EIR infeasible.
C. 
Substantial Evidence. Each finding shall be based on substantial evidence, and shall include an explanation that would bridge the gap between the evidence in the record and the conclusion contained in the finding.
D. 
Statement of Overriding Considerations. When the approving authority decides to approve a project with significant environmental effects that are not substantially mitigated, it shall state in writing the specific reasons supporting the decision. The statement shall be based on substantial evidence in the record.
(Ord. 5119-B, 2001)
A. 
Within five working days after approval of a project for which an EIR has been prepared, the lead department shall file an NOD with the county clerk, along with the current filing fee and State Department of Fish and Game fee. The project applicant is required to submit the current NOD filing fee and 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 with the lead department. The county clerk shall post the NOD for 30 days.
B. 
If the project requires discretionary approval from any state agency, the NOD shall also be filed with OPR.
C. 
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)
A private project shall be approved or denied, not later than 180 days after certification of the final EIR. For a tentative subdivision map for which an EIR is prepared, a project decision shall be made within 45 days of final EIR certification by the appointing authority.
(Ord. 5119-B, 2001)
A. 
Once a final EIR has been prepared, a subsequent EIR may be required if substantial changes are proposed in the project, which would result in new significant environmental impacts, substantial changes occur with respect to the circumstances under which a project would be undertaken, or new information of substantial importance to the project becomes available (see CEQA Guidelines Section 15162, 15163). An initial study is required for subsequent EIRs since no NOP is prepared for later projects pursuant to CEQA Section 21094(c).
B. 
A subsequent EIR shall be given the same kind of notice and public review as is given a draft EIR.
C. 
A subsequent EIR may be circulated by itself without recirculating the previous EIR.
(Ord. 5119-B, 2001)
A. 
The lead or responsible agency may choose to prepare a supplement to an EIR rather than a subsequent EIR if:
1. 
Any of the conditions described in CEQA, Section 15162, would require the preparation of a subsequent EIR, and
2. 
Only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation.
B. 
The supplement to the EIR need contain only the information to make the previous EIR adequate for the project as revised.
C. 
A supplement to an EIR shall be given the same kind of notice and public review as is given to a draft EIR under CEQA, Section 15087.
D. 
A supplement to an EIR may be circulated by itself without recirculating the previous draft or final EIR.
E. 
When the agency decides whether to approve the project, the approving authority shall consider the previous EIR as revised by the supplemental EIR. A finding under CEQA, Section 15091, shall be made for each significant effect shown in the previous EIR as revised.
(Ord. 5119-B, 2001)
A. 
An addendum to a previously certified EIR shall be prepared if some changes or additions are necessary but none of the conditions for requiring preparation of a subsequent EIR have occurred.
B. 
An addendum need not be circulated for public review.
C. 
The special finding required for approving projects with an addendum EIR is as follows:
The previous (name) Environmental Impact Report, certified by the (hearing body) on (date) and Addendum EIR (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 EIR did not raise important new issues about the significant effects on the environment.
(Ord. 5119-B, 2001; Ord. 5373-B, 2005)
The lead department shall encourage the tiering of EIRs whenever feasible. EIRs of broad scope shall be prepared for broad plans, policies, and programs. Later EIRs shall incorporate by reference the general discussions contained in broader EIRs, and focus on significant effects not examined in the broader EIR and on site-specific issues. The project initial study shall be used to determine the extent to which the broader EIR is sufficient for the narrower project under consideration.
(Ord. 5119-B, 2001)
There may be other types of EIRs consistent with this chapter and the State CEQA Guidelines that meet the needs of other circumstances (e.g., staged EIRs, program EIRs). (See CEQA Guidelines Article II).
(Ord. 5119-B, 2001)
Special, abbreviated procedures set forth in CEQA and the State CEQA Guidelines may be employed in the following situations:
A. 
Redevelopment Projects. See CEQA Guidelines Section 15180.
B. 
Housing and Neighborhood Commercial Facilities in Urbanized Areas. See CEQA Guidelines Section 15181.
C. 
Residential Projects Pursuant to a Specific Plan Adopted by Ordinance. (See CEQA Guidelines Section 15182). Where an EIR has been previously certified a specific plan adopted by ordinance, no further environmental review nor initial study is required for a later project that is found to be consistent with the specific plan and where no substantial changes have occurred per Section 18.20.100 that would require the preparation of a subsequent EIR.
Prior to approval of any later projects defined above, the decision-maker shall make a finding that, "the proposed project is exempt from CEQA per Guidelines Section 15182, 'Residential Projects Pursuant to a specific Plan.' The proposed project is within the scope of impacts addressed in the previously-certified EIR and no new effects will occur nor are new mitigation measures required for the later project."
D. 
Projects Consistent with a Community Plan, General Plan Zoning, or Specific Plan Adopted by Resolution (see CEQA Guidelines, Section 15183). Where an EIR has been previously certified for a community plan, general plan, zoning or specific plan adopted by resolution, an initial study shall be conducted to determine if the later project is consistent with the development intensity established by these plan policies. In this case, no further environmental review is required except to: 1) evaluate project-specific impacts, 2) demonstrate how the proposed project is within the prior EIR's scope of impacts, and 3) implement the mitigation measures adopted in the previously certified EIR pursuant to CEQA Guidelines Section 15183.
E. 
State-Mandated Local Projects. See CEQA Guidelines Section 15184.
F. 
Streamlined Environmental Review (Master EIR). See CEQA Statute Section 21157.
(Ord. 5119-B, 2001; Ord. 5250-B (Exh. 1), 2003)