Sec. 23A-1. - Purpose.

This chapter may be cited as the Environmental Quality Ordinance of Sonoma County. This chapter is adopted for the purpose of implementing the California Environmental Quality Act (hereinafter Act) and State CEQA Guidelines and to:

(1)

Inform decision makers and the public about the potential significant environmental effects of proposed activities;

(2)

Identify ways that environmental damage can be avoided or significantly reduced;

(3)

Prevent significant avoidable damage to the environment by requiring changes in projects through the use of alternatives or mitigation measures when the changes are found to be feasible;

(4)

Provide a process for determination, analysis and review of environmental quality issues preliminary to decision making, and a process for decision making and appeal;

(5)

Offer the opportunity for public participation in the decision making process regarding Sonoma County's environmental quality as provided in Section 15201 of the Guidelines;

(6)

Disclose to the public the reasons why decision makers approved a project in the manner chosen.

(Ord. No. 3411 § 2.)

Sec. 23A-2. - Applicability of articles.

(a)

Article I of this chapter is applicable to all projects. Article II of this chapter is applicable to public projects undertaken by the County. Article III of this chapter is applicable to private projects. Article IV of this chapter is applicable to projects for which the county is a responsible agency.

(b)

All other projects shall be brought to the attention of the board of supervisors so that the board can establish proper procedures for complying with the Act and Guidelines.

(Ord. No. 3411 § 2.)

Sec. 23A-3. - Applicability of Act and Guidelines.

The procedures delineated in the Act and Guidelines, where applicable, apply to all projects. All lead departments shall retain environmental documents until the project is constructed and all the required mitigation measures completed.

(Ord. No. 3411 § 2.)

Sec. 23A-4. - Definitions.

(a)

General. Unless the context requires otherwise, the definitions used in the Act and Guidelines apply to this chapter.

(b)

Act means the California Environmental Quality Act.

(c)

Board means the Board of Supervisors of the County of Sonoma.

(d)

Committee means the Environmental Review Committee, consisting of representative(s) of public agencies and private individuals as appointed by resolution of the board of supervisors.

(e)

County means the County of Sonoma.

(f)

Decision Making Body means any person or group of people within the County of Sonoma designated by law to approve or disapprove a project, except as provided in Article III.

(g)

Environmental Impact Report, or EIR, 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.

(h)

Expanded Initial Study means a specific study containing data and information which would enable the Planning Director to complete preparation of an Initial Study.

(i)

Feasible 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.

(j)

Findings means an explanation of the reasons for action on a project.

(k)

Guidelines means those regulations in Division 6 Title 14 (commencing with Section 15000) of the California Administrative Code.

(l)

Initial Study means a preliminary analysis prepared by the Lead Department or Planning Director to determine whether an EIR or a Negative Declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR.

(m)

Lead Department and Responsible Department. Lead Department means that department whose budget contains or would contain a majority of the County funds necessary to undertake the proposed public project, unless another department is designated by the Board of Supervisors. All other departments which are responsible for resources or programs that may be affected by the proposed public project are Responsible Departments.

(n)

Ministerial describes a governmental decision involving little or no personal judgment by a public official as to the wisdom or manner of carrying out a project. Common examples of ministerial permits include automobile registrations, dog licenses, etc.

(o)

Mitigation includes:

(1)

avoiding the impact altogether by not taking a certain action or parts of an action.

(2)

minimizing impacts by limiting the degree or magnitude of the action and its implementation.

(3)

rectifying the impact by repairing, rehabilitating, or restoring the impacted environment.

(4)

reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.

(5)

compensating for the impact by replacing or providing substitute resources or environments.

(p)

Notice of Completion means a brief notice filed with the Office of Planning and Research by the Lead Department or Planning Director as soon as a Draft EIR has been completed and copies are ready to be sent out for review.

(q)

Notice of Determination means a brief notice to be filed by the Lead Department or Planning Director after approval of or determination to carry out a project which is subject to the requirements of CEQA.

(r)

Notice of Exemption means a brief notice which may be filed by the Lead Department or Planning Director after it has been decided to carry out or approve a project that has been determined to be exempt from CEQA as being ministerial, categorically exempt, an emergency, or subject to another exemption from CEQA.

(s)

Notice of Preparation means a brief notice sent by the Lead Department or Planning Director to notify the Responsible Agencies, Trustee Agencies, involved Federal Agencies and the public that they plan to prepare an EIR for a project. The purpose of such notice is to solicit guidance as to the scope and content of the environmental information to be included in the EIR.

(t)

Planning Director means the Director of the Department of Planning or the Director's designee.

(u)

Private Project means the whole of an action, which has a potential for resulting in a physical change in the environment, directly or ultimately, that is an activity which will be carried out by a person or entity other than the County, but which will need a discretionary approval from the County for a contract, financial assistance, lease, permit, license, certificate or other entitlement for use. The term "private project" shall not be construed as including any action which is not a project under the Act or Guidelines.

(v)

Public Project means the whole of an action which has a potential for resulting in a physical change in the environment, directly or ultimately, that is an activity directly undertaken by the County or financed in whole or part by the County including, but not limited to, any of the following:

(1)

public works construction and related activities either by contract or otherwise;

(2)

clearing or grading land either by contract or otherwise;

(3)

improvements to existing public structures either by contract or otherwise;

(4)

the enactment or amendment of a zoning ordinance, specific plan, general plan, or general plan element initiated by a resolution of intention of either the Board or the Planning Commission;

(5)

a lease where the County is lessor or lessee.

The term "public project" shall not be construed as including any action which is not a project under the Act or Guidelines.

(w)

Shall means mandatory; may means permissive and should means directory.

(x)

Significant effect on the environment 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.

(y)

Statement of Overriding Considerations means a written statement giving the specific reasons in support of an action which allows the occurrence of identified significant effects which are not at least substantially mitigated. Such reasons must be based upon the Final EIR and/or other information in the record.

(Ord. No. 3411 § II.)

Sec. 23A-5. - Public Comment Encouraged.

The Board of Supervisors recognizes the fact that public comment on environmental documents provides a means by which private citizens can cooperate and join with the County in securing, whenever feasible, a lasting environmental heritage. To that end, the Board of Supervisors encourages members of the public to comment on environmental documents. Comments should be sent in writing to the Lead Department or Planning Director prior to the end of the review period. Comments should be as detailed, factual and specific as possible.

(Ord. No. 3411 § II.)

Sec. 23A-6. - Notice Generally.

(a)

The Lead Department or Planning Director may combine public notice required herein with other public notices otherwise required by law for the project. The alternatives set forth for providing notice shall not preclude the Lead Department or Planning Director from giving additional notice by other means.

(b)

Notice prescribed by this chapter shall be deemed given on the earliest of the following applicable dates: the date of mailing, the date of posting or the date of publication.

(c)

Errors, irregularities or neglect in the provision of any notice prescribed by this chapter shall not in any way affect the validity or legality of the adoption or certification of environmental documents or approval or disapproval of a project unless such error, irregularity or neglect is clearly substantial and prejudicial and that by reason of such error, etc., the party complaining suffered substantial injury and that a different result would have been probable if such error etc., had not occurred.

(d)

The Lead Department and Planning Director should make a concerted effort to provide early notice and solicit comment on environmental documents from the public and interested organizations so that a broad range of interests and opinion is available to decision makers regarding the impacts of projects.

(Ord. No. 3411 § II.)

Sec. 23A-7. - Reduction in Review Period.

Notwithstanding any other provision of this chapter, the Planning Director, when satisfied that the requirements of the Act and the Guidelines have been met, may set shorter time periods for review and comment upon environmental documents than those time periods specified herein. A shorter time period shall not be used if it results in insufficient time for such public review and comment.

(Ord. No. 3411 § II.)

Sec. 23A-8. - Designation of additional ministerial projects.

The actions that are determined to be ministerial under this code include but are not limited to:

(a)

Issuance of building permits pursuant to Chapter 7 of this code, and zoning permits pursuant to Chapter 26 or 26C of this code, for a building or use of land outside a scenic resources combining district and for which design review is not required.

(b)

Issuance of flood control, grading, drainage, and stormwater quality clearances pursuant to Chapters 7B, 11, and 11A of this code.

(c)

Issuance of grading, drainage, and vineyard and orchard site development permits pursuant to Chapter 11 of this code, except where the permit application includes a request for relief from the standards in Chapter 11

(d)

Issuance of encroachment permits pursuant to Article III of Chapter 15 of this code.

(e)

Approval of final subdivision maps pursuant to Chapter 25 of this code.

(f)

Issuance of water well construction, reconstruction, or demolition permits pursuant to Chapter 25B of this code.

(Ord. No. 5819, § 9, 12-9-2008; Ord. No. 5603 § 3(a), 2005: Ord. No. 3411 § II)

Sec. 23A-9. - Duties of County Clerk.

The County Clerk shall have the duty to post a list of the Notices of Determination which are filed in the Office of the County Clerk. Each such Notice shall be listed when filed, shall remain on the posted list for a period of thirty (30) days, and shall then be returned to the Planning Director (private projects), or appropriate Lead Department (public projects).

(Ord. No. 3411 § II.)

Sec. 23A-10. - Reserved.

(Ord. No. 3411 § II.)