Title 18

ENVIRONMENTAL PROTECTION

Chapters:

18.04 Guidelines for Implementation of Environmental Quality Act

Chapter 18.04

GUIDELINES FOR IMPLEMENTATION OF ENVIRONMENTAL QUALITY ACT

Sections:

18.04.010 Adoption. of guidelines.

18.04.020 Definitions.

18.04.030 Projects.

18.04.040 Preliminary determination by planning director.

18.04.050 Acceptance of negative declaration or EIR.

18.04.060 Consultation with responsible agencies.

18.04.070 Preparation of negative declaration or draft EIR.

18.04.080 Filing of notice of completion.

18.04.090 Distribution of-copies of EIR or negative declaration.

18.04.100 Public hearing.

18.04.110 Comments and replies.

18.04.120 Planning commission decision and board of supervisors' decisions.

18.04.130 Costs of preparing EIR and negative declaration.

18.04.140 Notice of determination.

18.04.150 Environmental documents.

18.04.170 Appeals.

Exhibits.

18.04.010 Adoption of guidelines.

A. This chapter establishes procedures which the planning director and planning commission shall follow in order to implement the provisions of the California Environmental Quality Act.

B. The "Guidelines for Implementation of the California Environmental Quality Act (CEQA)," including amendments adopted September 30, 1976, are adopted and shall become a part of this chapter. If conflicts arise between definitions or procedures utilized in this chapter and the CEQA Guidelines, then those definitions or procedures in the CEQA Guidelines shall be utilized. (Ord. 1116 §1(part), 1989)

18.04.020 Definitions. For the purposes of this chapter certain terms are defined as follows:

A. "Planning commission" is the legally appointed planning commission of Trinity County. It also includes the subdivision review committee for consideration of negative declarations accompanying tentative parcel maps.

B. "Planning director" may refer to either the planning director or the assistant planning director of Trinity County or other duly appointed director responsible for county planning duties.

C. "Proponent" means the person who is the principal advocator of the approval of a proposed project.

D. "Review period" means the period after mailing of a draft EIR of negative declaration which individuals and agencies shall have to offer comments.

E. "State Guidelines" means "Guidelines for Implementation of the California Environmental Quality Act of 1970," commencing with Section 15000 of Title 14, Division 6, of the California Administrative Code.

F. Other terms shall be as defined in the State Guidelines. (Ord. 1116 §1(part), 1989)

18.04.030 Projects.

A. Except as provided in subsection C of this section, the planning director shall make determinations pursuant to Section 18.04.040 after submission to him of any of the following documents:

1. An application for a variance or use permit, submitted pursuant to the zoning ordinance of the county;

2. A petition requesting amendment of the zoning ordinance of the county;

3. A tentative map or tentative parcel map submitted pursuant to the subdivision ordinance of the county;

4. A request for a change in the general plan;

5. Public projects proposed or funded wholly or in part by the county of Trinity.

B. Except as provided in subsection C of this section, the planning director shall make determinations pursuant to

Section 18.04.040 during or after preparation of any of the following documents:

1. Proposed general plan elements;

2. Proposed changes to the general plan;

3. Other proposed plans or proposed changes to existing plans;

4. Proposed amendments to the zoning ordinance or other county ordinances.

C. The following are actions or documents prepared for actions which are categorically exempt; therefore, no determinations pursuant to Section 18.04.040 would normally be necessary, except where the proposed action will impact an officially adopted and precisely mapped environmental resource of hazardous or critical concern:

1. Application for a use permit for a temporary or permanent mobile home or trailer;

2. Application for a use permit for construction of an accessory building prior to a main building;

3. Application for a use permit for any sign;

4. Application for a use permit for a single residential use in a C1, C2 or HC district;

5. Requests for minor lot line adjustments;

6. Applications for temporary housing permits;

7. All actions taken pursuant to County Ordinance 342 relating to the abatement of abandoned vehicles;

8. Applications for designations of agriculture preserves;

9. Petitions and resolution for rezoning to TPZ;

10. Architectural review of proposed development in an RD1 district;

11. All actions of the architectural committee. (Ord. 1116 §1(part), 1989)

18.04.040 Preliminary determination by planning director.

A. When required by Section 18.04.030, the planning director shall determine the following:

1. Is the action intended to be carried out by the project proponent a "project" as defined by State Guidelines?

2. Is the action a ministerial project?

3. Is the action categorically exempt?

4. Is the action an emergency project?

5. Must a negative declaration be prepared for the proposed action?

6. Must an environmental impact report be prepared for the proposed action?

B. The planning director may require that additional information be submitted by appropriate persons in order to make the necessary determinations.

C. After making the necessary determinations, the planning director shall notify the proponent of the proposed action of his determinations. Notice may be given by transmittal of a staff report, meeting agenda or other notice as determined by the planning director.

D. If the planning director determines that the proposed project is ministerial or categorically exempt or is an emergency project, he may file a Notice of Exemption, as shown in Exhibit D, with the Secretary for Resources or with the county clerk. (Ord. 1116 §1(part), 1989)

18.04.050 Acceptance of negative declaration or EIR. If the planning director determines that an EIR or a negative declaration is required for a proposed action, the action shall not be approved by the planning director or by the planning commission until the planning commission or board of supervisors has, by motion or minute order or resolution, accepted a negative declaration or EIR for the proposed action; provided that a preliminary map prepared pursuant to the subdivision ordinance of the county may be reviewed before an EIR or negative declaration is prepared. If the planning director has made the determination that the subdivision shown on a preliminary map requires an EIR or negative declaration, then the tentative map for the subdivision shall not be approved by the planning commission or board of supervisors until the appropriate hearing body has, by motion or minute order resolution, accepted a negative declaration or final EIR for the project. (Ord. 1116 §1 (part), 1989)

18.04.060 Consultation with responsible agencies. Prior to preparing or causing to be prepared the final version of a negative declaration or draft EIR, the planning director shall consult with responsible agencies, as defined by the State Guidelines. The planning director may circulate a preliminary draft of a negative declaration or draft EIR to such agencies to elicit comments, in which case he/she shall specify a review period. (Ord. 1116 §1(part), 1989) Exhibit C

18.04.070 Preparation of negative declaration or draft EIR. After such consultation, the planning director shall prepare or cause to be prepared a negative declaration or draft EIR for the proposed action. (Ord. 1116 §1(part), 1989)

18.04.080 Filing of notice of completion. After completion of a draft EIR, the planning director shall file a notice of completion with the appropriate state agency; provided that no such notice shall be filed if copies of the EIR are to be sent to the State Clearinghouse. (Ord. 1116 §1(part), 1989)

18.04.090 Distribution of copies of EIR or negative declaration. After completion of the draft EIR or negative declaration, the planning director shall transmit copies of the prepared document to individuals and agencies which he/she believes would be interested in the project. Such agencies shall include the State Clearinghouse if the planning director believes that there exist state agencies with "jurisdiction by law" as defined by State Guidelines, and may include the State

Clearinghouse if the planning director believes that a state agency has special expertise with regard to potential project impacts. Along with copies of the draft EIR or negative declaration, there shall be sent notice of the person's or agency's right to comment on the document and notice of the deadline for receipt of comments. All individuals and agencies shall endeavor to submit comments within time frames specified. Comment shall be within thirty days of mailing, provided that if the negative declaration or draft EIR is sent to the State Clearinghouse, the review period shall not be less than that specified by the State Clearinghouse. If any person or agency fails to reply within the review period, it shall be assumed that he has no comment to make, unless a request for additional time is received; provided that written comments shall be accepted up until the day of the planning commission's acceptance of a final EIR or negative declaration. (Ord. 1116 §1(part), 1989)

18.04.100 Public hearing. A public hearing shall be held after preparation of a negative declaration or draft EIR. Not less than ten days prior to the hearing, the planning director shall give notice of the hearing by one publication in a newspaper of general circulation. The planning director may give additional notice as he/she chooses. (Ord. 1116 §1(part), 1989)

18.04.110 Comments and replies. Written comments and the replies of the planning director shall be appended to the negative declaration or draft EIR. A draft EIR together with such comments and replies shall form a final EIR. (Ord. 1116 §1(part), 1989)

18.04.120 Planning commission decision and board of supervisors' decisions. After conclusion of the public hearing, and after expiration of the review period, the planning commission shall determine whether the negative declaration or EIR was prepared in compliance with CEQA and applicable state and county guidelines, shall resolve that they have reviewed and considered the negative declaration or EIR. The planning commission decision shall be advisory to the board of supervisors in the case of EIRs. Should either body reject the document, they shall direct the planning director to prepare or cause to be prepared a new negative declaration or draft EIR in accordance with this chapter.

The commission may also decide to deny a project without addressing nvironmental review pursuant to Section 15042 of the CEQA Guidelines. (Ord. 1116 §1(part), 1989)

18.04.130 Costs of preparing EIR and negative declaration.

A. Preparation of a draft EIR shall be the responsibility of the planning director, who may either prepare the EIR himself or may contract to have it prepared. Prior to preparation of the EIR, he may require from the proponent a monetary deposit equal to the estimated cost of the EIR. The estimated cost shall include all filing fees. If the planning department prepares the EIR, an overhead charge of twenty percent shall be added to the deposit and final cost. Final costs for preparation will be charged at the aforesaid rate.

B. Negative declarations shall be prepared by the planning director at a cost as specified by the board of supervisors to the proponent. Note that preparation of the negative declaration does not preclude the revelation or mitigation of adverse project impacts, even though they are considered insignificant. (Ord. 1116 §1 (part), 1989)

18.04.140 Notice of determination.

A. Following approval by the planning commission or the planning director of an action for which an EIR has been prepared, the planning director may file with the county clerk and appropriate state agency, a notice of determination.

B. Following approval by the planning commission or the planning director of an action for which a negative declaration has been prepared, the planning director shall file with the county clerk and appropriate agency a notice of determination. (Ord. 1116 §1(part), 1989) Exhibit B

18.04.150 Environmental documents.

A. The negative declaration or EIR, if one is prepared, shall accompany the application, map, petition, request, plan, or other document for which it was prepared through the county review and approval process, and shall be reviewed and considered by the county officials charged with reviewing or approving the proposed action.

B. Copies of any such document shall be maintained at the planning commission office and shall be available to the public at a cost not to exceed the actual cost of reproduction.

C. The planning director shall review and may comment on environmental documents submitted to him by other agencies. (Ord. 1116 §1(part), 1989)

18.04.170 Appeals.

A. Any person not satisfied with a decision of the planning director made pursuant to this chapter may, within ten working days, appeal in writing to the planning commission. The planning commission shall render its decision within thirty days of receipt of the appeal.

B. Any person not satisfied with a decision of the planning commission made pursuant to this chapter may, within ten working days, appeal in writing to the board of supervisors. A copy of the appeal and corresponding staff report shall be sent to the planning commission. The board of supervisors shall render its decision within thirty days of receipt of the appeal. (Ord. 1116 §1(part), 1989)