Sec. 23A-35. - Decision Making Body.

(a)

For purposes of this Article, Decision Making Body means:

(1)

the Planning Director if the project requires approval of a zoning permit for a building or use of land within the scenic design district or for which design review is required, or if the Planning Director is the Advisory Agency under Sonoma County Code Chapter 25

(2)

the Project Review and Advisory Committee if the committee is the Advisory Agency under Sonoma County Code Chapter 25

(3)

the Board of Zoning Adjustments if the project is a variance or use permit unless the permit is one over which the Planning Commission has jurisdiction by law.

(4)

the Planning Commission if the project is:

(aa)

a license or certificate;

(bb)

one for which the Planning Commission is the Advisory Agency under Sonoma County Code Chapter 25

(cc)

a variance, use permit or other entitlements for use over which the Planning Commission has jurisdiction by law.

(b)

The Planning Commission acts in an advisory capacity when the project is an amendment of the Zoning Ordinance, General, Specific, or Area Plan.

(Ord. No. 3411 § II.)

Sec. 23A-36. - Authority and Responsibility of the Planning Director.

(a)

The Planning Director shall have the authority, and responsibility in accordance with the standards delineated in the Act and the Guidelines and all applicable ordinances and resolutions of the Board, to do the following:

(1)

to determine whether or not an action is a private project in accordance with Section 15377 and 15378 of the Guidelines and when an application for a private project is complete;

(2)

to determine those instances where it can be seen with certainty that the private project will not have a significant effect on the environment;

(3)

to determine whether or not a private project is a special situation pursuant to Article 12 or exempt pursuant to Articles 18 and 19 or the Guidelines;

(4)

to conduct an Initial Study;

(5)

to prepare a Negative Declaration or an EIR;

(6)

to provide public notices;

(7)

to prepare responses to public comments;

(8)

to file notices, including Notices of Preparation, Notices of Completion, Notices of Determination and Notices of Exemption;

(9)

to determine whether or not a previously prepared EIR is applicable to the private project;

(10)

to require the preparation of an Expanded Initial Study;

(11)

to carry out such other duties as are necessary to comply with State and Local law and regulations.

(b)

The Planning Director shall maintain a special notice list containing the names and addresses of all persons or entities requesting special notice of the preparation of environmental documents pertaining to private projects. Maintenance of the special notice list shall be in accordance with Section 23A-11(c).

(c)

In the event that the Planning Director determines with certainty that either the private project will not have a significant effect on the environment or the private project is exempt pursuant to Articles 18 and 19 of the Guidelines, then the Planning Director may file, upon approval of the project, a Notice of Exemption in accordance with Section 15062 of the Guidelines with the County Clerk of the County in which the project will be located. The decision of the Planning Director to file a Notice of Exemption may be appealed as provided in Section 23A-55.

(d)

In the event that the private project is subject to the Act, the Guidelines and this ordinance, then the Planning Director shall conduct an Initial Study in accordance with Section 15063 of the Guidelines. To the maximum extent possible, the Planning Director shall consult with Responsible Agencies, Departments and Trustee Agencies responsible for the resources affected by the project. The Planning Director shall also consult with any persons or entities which he believes would be concerned with the environmental effects of the project. The Planning Director shall keep a record of all consultations made during the preparation of the Initial Study. If the Planning Director can determine that an EIR will clearly be required for a project then he may proceed as if the Committee had directed preparation of the EIR. On the basis of the Initial Study, the Planning Director shall, if appropriate, prepare a Negative Declaration which shall include the information required by Section 15071 of the Guidelines.

(e)

The Planning Director may recommend mitigation measures which, if included as part of the project, would substantially reduce or avoid any potentially significant adverse effects identified in the Initial Study. In the event that the project is revised by agreement of the applicant in accordance with Section 15070 of the Guidelines and the Planning Director determines that all of the potentially significant adverse effects of the project identified in the Initial Study are mitigated to a point where (1) clearly no significant effects would occur or (2) there is no substantial evidence that the project as revised may have a significant effect on the environment, the Planning Director shall prepare a Negative Declaration in accordance with Section 15071 of the Guidelines.

(f)

In the event that the Planning Director is unable to make recommendations for appropriate mitigation, he may request that the person or entity who will carry out the private project prepare an Expanded Initial Study pursuant to Section 15063(e) of the Guidelines. If the Project is revised in accordance with Section 15070 of the Guidelines to incorporate mitigation measures identified in the Expanded initial Study such that all the potentially significant adverse effects of the project are clearly mitigated to the point where no significant effects would occur, the Planning Director shall prepare a Negative Declaration in accordance with Section 15071 of the Guidelines. In the event the Planning Director, after reviewing the Initial Study or Expanded Initial Study, is unable to determine whether or not a Negative Declaration is appropriate, the Planning Director shall refer the project to the Committee.

(g)

In the event that a previously prepared EIR is applicable to the private project, the Planning Director may use the previously prepared EIR for said private project in accordance with Section 15153 and Article 11 of the Guidelines. In the event that the Planning Director cannot determine whether or not a previously prepared EIR is applicable to the private project at hand, then the Planning Director shall refer the project to the Committee.

(h)

In the event that none of the above are applicable and the preparation of an EIR may be necessary, then the Planning Director shall refer the project to the Committee.

(Ord. No. 3411 § II.)

Sec. 23A-37. - Authority and Responsibility of the Committee.

(a)

The Committee shall determine on the basis of the Initial Study and in accordance with the standards delineated in the Act, the Guidelines, and this ordinance whether or not the private project referred to it may have a significant effect on the environment.

(b)

In the event that the Committee determines that the private project will not have a significant effect on the environment, then the Committee shall direct the Planning Director to prepare a Negative Declaration in accordance with Section 15071 of the Guidelines.

(c)

The Committee may recommend mitigation measures which if included as part of the project would substantially reduce or avoid any potentially significant adverse effects identified in the Initial Study. In the event that the project is so revised by agreement of the applicant in accordance with Section 15070 of the Guidelines and the Committee determines that all of the potentially significant adverse effects of a project identified in the Initial Study are mitigated to a point where 1) clearly no significant effects would occur, or 2) there is no substantial evidence that the project as revised may have a significant effect on the environment, then the Committee shall direct the Planning Director to prepare a Negative Declaration in accordance with Section 15071 of the Guidelines.

(d)

In the event that the Committee determines that the private project may have a significant effect on the environment, then the Committee shall determine the scope of the required EIR and shall direct the Planning Director to prepare the EIR or contract for its preparation. If there is a previously prepared EIR which the Committee determines to be applicable to the project, the Committee shall direct the Planning Director to utilize said EIR to the extent possible. A Subsequent or Supplemental EIR shall only be required upon a finding that the specified conditions set forth in Sections 15162 and 15163 of the Guidelines are met.

(e)

The Planning Director shall provide notice of meetings of the Committee to all persons and entities who have requested notice pursuant to Section 23A-11(c).

(Ord. No. 3411 § II.)

Sec. 23A-38. - Time Limitation for Initial Decision.

The initial decision as to whether a private project will need an EIR or a Negative Declaration shall be made within thirty (30) days after the Planning Director has accepted the application as complete. In the event that circumstances justify additional time and the project applicant consents thereto, the thirty (30) day period may be extended for up to fifteen (15) additional days

(Ord. No. 3411 § II.)

Sec. 23A-39. - Public Hearings Generally.

A public hearing shall be held on the environmental documents for every private project to which the Act and Guidelines apply if a public hearing would otherwise be required on the private project without regard to the provisions of this chapter. Except as provided in Section 23A-53, the Decision Making Body shall conduct the public hearing, which may precede or open concurrently with the other public hearing(s) required by law on the private project. The hearing may be continued from time to time though every effort should be made to expedite the hearing procedures. The Planning Director shall ensure that a record is kept of the public hearing. A staff member of the Planning Department or the consultant shall be present during the hearing to discuss the environmental documents.

(Ord. No. 3411 § II.)

Sec. 23A-40. - Negative Declaration: Public Notice and Review

(a)

In accordance with Sections 15072 and 15073 of the Guidelines, the Planning Director shall provide notice to the public of the preparation of a Negative Declaration at least ten (10) days prior to final adoption of the Negative Declaration by the Decision Making Body. The notice shall, at a minimum, state the name and location of the proposed private project and also shall state the address of the location where the Negative Declaration can be reviewed and where written comments should be sent and a deadline for receiving all written comments and the time and place of the public hearing, if any. Notice shall also describe the nature of the project in a manner that can reasonably be understood by the lay public. Notice shall also be provided to all persons and entities who have requested notice pursuant to Section 23A-11(c).

(b)

The Planning Director shall provide notice of a proposed Negative Declaration to every Responsible Agency and Trustee Agency concerned with the project and every other public agency with jurisdiction by law over natural resources affected by the project. In the event that the Negative Declaration must be submitted to the State Clearinghouse for review pursuant to Sections 15073, 15205, and 15206 of the Guidelines, the noticed review period shall be at least thirty (30) days unless a shorter period is authorized by the Clearinghouse.

(Ord. No. 3411 § II.)

Sec. 23A-41. - Negative Declaration: Private Project Decision.

(a)

The Negative Declaration shall be completed and ready for adoption no later than one hundred five (105) days after the project application has been accepted as complete by the Planning Director except as provided in Section 15109 of the Guidelines. In the event that compelling circumstances justify additional time and the project applicant consents thereto, the one hundred five (105) day period may be extended by the Planning Director for an additional ninety (90) days. In the event additional time is needed for combined State and Federal compliance, the one hundred five (105) day period may be extended in accordance with Section 15110 of the Guidelines.

(b)

The Negative Declaration together with any comment(s) thereon shall be made available by the Planning Director to the Decision Making Body which shall review and consider the Negative Declaration and either adopt or reject the Negative Declaration prior to taking action on the private project. If the Decision Making Body decides to reject the Negative Declaration, it may disapprove the project or direct the Planning Director to prepare an EIR. If the Decision Making Body adopts the Negative Declaration, it may thereafter approve or disapprove the project.

(c)

In the event that subsequent changes are proposed in a project which will require important revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental impacts not addressed in the previous EIR or Negative Declaration on the project, then a revised environmental document shall be processed in accordance with this ordinance and the information contained therein shall be reviewed and considered prior to approval of said changes.

(Ord. No. 3411 § II.)

Sec. 23A-42. - Negative Declaration: Notice of Determination.

Within five (5) working days of the date of final approval of a private project by the Decision Making Body for which a Negative Declaration has been adopted, the Planning Director shall file a Notice of Determination in accordance with Section 15075 of the Guidelines with the County Clerk(s) of the County(ies) in which the project will be located. If the project requires discretionary approval from any State agency, the Planning Director shall also file a Notice of Determination with the Office of Planning and Research. Upon return of the Notice by the Clerk(s), the Planning Director shall retain the Notice of Determination for at least nine (9) months after posting by the Clerk(s).

(Ord. No. 3411 § II.)

Sec. 23A-43. - EIR: Responsibility of Planning Director.

(a)

After deciding or receiving direction to prepare an EIR, the Planning Director shall either (1) prepare an EIR or (2) engage the services of an outside consultant for the purpose of preparing and EIR. The EIR shall be prepared in accordance with Articles 9, 10, and 11 of the Guidelines.

(b)

Upon request of the Planning Director and within thirty (30) days thereof, the applicant shall place on deposit with the County the cost of the preparation, noticing and other processing costs of the EIR. Failure to place the cost on deposit within thirty (30) days after requested in writing by the Planning Director shall be grounds for denial without prejudice of the project pursuant to Section 15270 of the Guidelines by the Decision Making Body.

(Ord. No. 3411 § II.)

Sec. 23A-44. - DEIR: Notice of Preparation.

The Planning Director shall send to each Responsible Agency a Notice of Preparation stating that an EIR will be prepared. This notice shall also be sent to every Federal Agency involved in approving or funding the project and to those Trustee Agencies responsible for the natural resources affected by the project. Pursuant to Section 15082(b) of the Guidelines, responses to the Notice of Preparation should be accepted as soon as possible but not later than forty-five (45)days after the Notice of Preparation is sent out. The Notice of Preparation shall meet the requirements of Section 15082(a) of the Guidelines and shall be sent by certified mail or other method of transmittal which provides a record of receipt of the notice by each agency. The Planning Director or consultant may begin preparation of the DEIR prior to receiving all of the responses to the Notice of Preparation.

(Ord. No. 3411 § II.)

Sec. 23A-45. - DEIR: Early Consultation.

Prior to completing a DEIR the Planning Director should, in accordance with Section 15083 of the Guidelines, consult directly with any person or entity which he believes will be concerned with the environmental effects of the project. The Planning Director should further consult with the appropriate Federal Agency whenever there is a federal involvement with the project in order to determine whether or not an EIS will be required. If both an EIR and an EIS are required, the document should be prepared jointly, if possible, in accordance with Article 14 of the Guidelines.

(Ord. No. 3411 § II.)

Sec. 23A-46. - DEIR: Notice of Completion.

When the DEIR is completed, the Planning Director shall file a Notice of Completion with the State Office of Planning and Research or State Clearinghouse as provided in Section 15085 of the Guidelines and Public Resources Code 21161. The Planning Director shall also consult with and seek to obtain comments on the DEIR from each Responsible Agency and Trustee or other agencies with authority over natural resources which may be affected by the project and should so consult with any person or entity which he believes would have special expertise or special concern with respect to any environmental impact involved.

(Ord. No. 3411 § II.)

Sec. 23A-47. - DEIR: Public Notice.

When the Planning Director sends out a Notice of Completion, pursuant to Section 23A-46 he shall also provide public notice of the completion of the DEIR in accordance with Section 15087 of the Guidelines. The notice shall, at a minimum, state the name and location of the proposed project, the name and address of the department where the DEIR and written comments, if any, can be reviewed, where written comments should be sent and the deadline for receiving all written comments. Notice shall also describe the nature of the project in a manner that can reasonably be understood by the lay public. Notice shall be provided to all persons and entities who have requested notice pursuant to Section 23A-11(c).

(Ord. No. 3411 § II.)

Sec. 23A-48. - DEIR: Public Review.

Sufficient time shall be provided for public review of the DEIR. The review period should not be less than thirty (30) days after notices required by Section 23A-46 and 47 have been given. However, where review by State agencies through the State Clearinghouse is required pursuant to Sections 15205 and 15206 of the Guidelines, the review period shall not be less than forty-five (45) days unless the State Clearinghouse authorizes a shorter period.

(Ord. No. 3411 § II.)

Sec. 23A-49. - DEIR: Public Hearing.

(a)

The public hearing required on a DEIR should not be held during the public review period described in Section 23A-48 unless said review period is greater than thirty (30) days in which case the public hearing may be held after the expiration of thirty (30) days from the date that the Notice of Completion of the DEIR is given. The purpose of the public hearing is to receive comments on the adequacy of the DEIR. To the maximum extent possible, such hearing shall be combined with other hearings on the project.

(b)

Notice of the public hearing shall be provided either along with the Notice of Completion or, at the discretion of the Planning Director, by separate notice. In the event that the Planning Director elects to provide separate notice, then said notice shall be given in accordance with Section 15087 of the Guidelines at least ten (10) days prior to commencement of the public hearing.

(c)

The Decision Making Body or Planning Commission acting in an advisory capacity may continue the hearing from time to time and place to place while making every effort to expedite the hearing procedures. The Planning Director shall ensure that a record is kept of the public hearing. A staff member of the Planning Department, or consultant, shall be present during the hearing to discuss the DEIR.

(Ord. No. 3411 § II.)

Sec. 23A-50. - Preparation of Final EIR.

After the review period has expired and after the public hearing on the DEIR is closed, the Planning Director (or consultant, if any) shall evaluate the comments received and prepare a written response to the comments received and prepare a Final EIR pursuant to Sections 15088 and 15089 of the Guidelines and containing the elements set forth in Section 15132 of the Guidelines.

(Ord. No. 3411 § II.)

Sec. 23A-51. - Private Project Action

The Planning Director shall present the FEIR to the Decision Making Body or to the Planning Commission acting in an advisory capacity. Said Body shall review and consider the information contained in the FEIR. Thereafter, the Decision Making Body may take action on the proposed project.

(Ord. No. 3411 § II.)

Sec. 23A-52. - Private Project Approval: Mandatory Findings and Statement of Overriding Considerations.

(a)

The FEIR shall be certified by the Decision Making Body no later than one (1) year after the project application is accepted as complete except as provided by Section 15109 of the Guidelines. In the event that circumstances justify additional time and the project applicant consents thereto, the one (1) year period may be extended by the Planning Director for an additional ninety (90) days. In the event additional time is needed for combined State and Federal compliance, the one (1) year period may be extended in accordance with Section 15110 of the Guidelines.

(b)

In accordance with Section 15091 of the Guidelines, no Decision Making Body shall approve a private project for which an EIR has been completed which identifies one (1) or more significant effects of the project unless the Decision Making Body makes one (1) or more of the written findings contained in Section 15091(a) of the Guidelines for each of those significant effects. Each such finding shall be accompanied by a statement of the facts supporting the finding. Otherwise, no Decision Making Body shall approve a private project as proposed unless such action is in compliance with Section 15092 of the Guidelines.

(c)

In the event that the Decision Making Body approves a project which will result in the occurrence of significant effects which were identified in the FEIR but are not at least substantially mitigated, the Decision Making Body shall state in writing the specific reasons to support its action based on the FEIR or other information in the record in accordance with Section 15093 of the Guidelines. This statement shall explain how the Decision Making Body balanced the merits of approving the project with the environmental damage which will result.

(d)

In the event that subsequent changes are proposed in a project which will require important revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental impacts not addressed in the previous EIR or Negative Declaration on the project, then a revised environmental document shall be processed in accordance with this ordinance and the information contained therein shall be reviewed and considered prior to approval of said changes.

(Ord. No. 3411 § II.)

Sec. 23A-53. - Procedures Where the Planning Commission Is Advisory Only.

Whenever the authority of the Planning Commission is limited by law or ordinance to making a recommendation regarding a project, it shall perform all of its duties hereunder including reviewing and considering the environmental documents before making a recommendation on the project. The County body with actual decision making authority shall, prior to taking action on the project, review and consider the adequacy of the environmental documents and the information contained therein and make such findings required by Sections 15091, 15092, and 15093 of the Guidelines as may be necessary. The Decision Making Body may hold a public hearing on the environmental documents. In such case notice of any hearing held by the Body with actual decision making authority shall be given by one of the methods set forth in Section 15087 of the Guidelines at least ten (10) days prior to the commencement of the hearing.

(Ord. No. 3411 § II.)

Sec. 23A-54. - EIR: Notice of Determination.

Within five (5) working days of the date of final approval of a private project for which an EIR has been prepared, the Planning Director shall file a Notice of Determination in accordance with Section 15094 of the Guidelines with the County Clerk(s) of the County(ies) in which the project would be located. If the project requires discretionary approval from any State Agency, the Planning Director shall also file a Notice of Determination with the Office of Planning and Research. Upon return of the Notice by the Clerk(s) the Planning Director shall retain the Notice of Determination for at least nine (9) months after posting by the Clerk(s).

(Ord. No. 3411 § II.)

Sec. 23A-55. - Procedures Concerning Appeal.

(a)

The appeal period for decisions as provided in this ordinance is the same as the appeal period for the underlying project unless there is no appeal period specified in which case the appeal period shall be ten (10) days from the date of the decision. In the event that the underlying project includes two (2) or more entitlements with different appeal periods, the appeal period for the environmental decision shall be the shorter(est) of said appeal periods.

(b)

Decisions of the planning director or the committee may be appealed by any person or entity including the applicant, the board of supervisors, the planning commission and the board of zoning adjustments. Any such appeal shall include the specific grounds for the appeal and shall be made in writing and filed with the planning director during the above appeal period. Any appeal filed by a person or entity other than a county department, agency or board shall be accompanied by the required fee as set by resolution of the board of supervisors. Such appeals shall be heard by the decision making body or the planning commission acting in an advisory capacity.

(c)

Decisions of the decision making body or planning commission acting in an advisory capacity shall be appealable to the board of supervisors by any person or entity including the applicant, the board of supervisors, the planning commission, and the board of zoning adjustments. Any such appeal shall include the specific grounds for the appeal and shall be made in writing and filed with the planning director during the above appeal period. Any appeal filed by a person or entity other than a county department, agency or board shall be accompanied by the required fee as set by resolution of the board of supervisors.

(d)

If the decision on an environmental document is validly appealed, notice of the hearing regarding the appeal shall be given to the appellant and the applicant and by at least one (1) of the methods set forth in Section 15087 of the Guidelines at least ten (10) days prior to the commencement of the hearing.

(e)

If the decision to approve or disapprove a private project is validly appealed, and the appellate body is required to hold a de novo hearing on the project, then the appellate body shall, prior to making its decision on the private project, hear testimony, if any, regarding the adequacy of the environmental documents and shall review and consider the information contained in the environmental documents. If the appellate body approves the project, it shall also make such findings required by Sections 15091, 15092, and 15093 of the Guidelines as may be necessary. Notice of the hearing regarding any appeal shall be given to the appellant and applicant and by at least one (1) of the methods set forth in Section 15087 of the Guidelines at least ten (10) days prior to the commencement of the hearing.

(Ord. No. 3411 § 2.)

Sec. 23A-56 through 23A-59. - Reserved.

(Ord. No. 3411 § 2.)