HomeMy WebLinkAboutMINUTES - 05091989 - 1.68 livl
TO: BOARD OF SUPERVISORS
FROM: Harvey E. Bragdon Contra
Director of Community Development �a
DATE: April 25, 1989 Cour ty
SUBJECT: Modification of County CEQA Guidelines
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Adopt the attached modifications . to. the County Guidelines for
administering the California Environemtal Quality Act.
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
Adoption of the attached revised pages 25, 58 and 98 to the-,County
CEQA Guidelines will clarify the way CEQA Documents are processed.
The change to section 15202 will make it clear that the hearing
body for the EIR is determined by the Director, and is not the
initial hearing body for the project as the guidelines were
previously written. -
The same item is placed on the Redevelopment Agency Agenda, in
order to make the agencies ' Guidelines compatible.
CONTINUED ON ATTACFIlKENT: YES SIGNATURE-
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA&ICW OF COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON MAY 9 1989 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
�- I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
MAY 9 1989
cc: Community Development ATTESTED
CAO PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY (� ` .C�cR , DEPUTY
Article 13. Review and Evaluation
of EIRs and Negative Declarations
(15200) PURPOSES OF REVIEW. The purposes of review of EIRs and negative declarations include:
(a) Sharing expertise,
(b) Disclosing agency analyses,
(c) Checking for accuracy,
(d) Detecting omissions,
(e) Discovering public concerns, and
(f) Soliciting counter proposals.
(15201) PUBLIC PARTICIPATION. The County encourages wide participation by the public in its
CEQA procedures.
(15202) (a) The Director of Community Development shall determine which Division of the
Planning agency will conduct a public hearing on the draft environmental impact report.
Such hearing will offer the public as well as interested agencies, organizations and
individuals the opportunity to provide oral testimony on the adequacy of the draft.
(b) Public hearings on the environmental impact report will, to the extent possible and
practicable, be held in conjunction with and as a part of normal planning activities.
(c) Notice of the public hearing shall be given in a timely manner and may be given in the
some form and time as notice for other regularly conducted public hearings of the
public agency.
(15203) ADEQUATE TIME FOR REVIEW AND COMMENT. The County, acting as a lead agency,
shall provide adequate time for other public agencies and members of the public to review
and comment upon a draft EIR or negative declaration that it has prepared.
(a) The County shall allow 30 days from the filing of the Notice of Completion for review of
a draft EIR. When a state agency is a responsible agency and/or the draft has been
submitted to the Clearinghouse, a 45 day review will be required. In addition, notices of
completion, attached to the draft EIR shall contain the specified time period for review
of the draft.
(b) A review period for an EIR does not require a halt in other planning or evaluation
activities related to a project. Community Development should continue in conjunction
with environmental evaluation.
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(c) The County may consult directly with any person who has special expertise with respect
to any environmental impact involved.
(15087) PUBLIC REVIEW OF DRAFT EIR.
(a) The County Community Development Department shall provide public notice of the
availability of a draft EIR at the same time as it sends a notice of completion to the
Office of Planning and Research. Notice shall be given to all organizations and
individuals who have previously requested such notice and shall also be given by at least
one of the following procedures:
(1) Publication at least one time in a newspaper of general circulation in the area
affected by the proposed project.
(2) Posting of notice by the County Community Development Department on and off
the site in the area where the project is to be located.
(3) Direct mailing to owners of property contiguous to the project as those owners are
shown on the latest equalized assessment roll.
(b) Additional notice may also be given by other means as appropriate and at the discretion
of the Community Development Department, such as:
(i) Providing copies of the draft EIR to the Contra Costa County Library and other
library systems as appropriate.
(ii) Posting the notice of completion in the lobby of the offices of the Contra Costa
County Community Development Department, 4th Floor, North Wing, County
Administration Building, corner of Pine and Escobar Streets, Martinez, California.
(c) In order to provide sufficient time for public review, review periods for draft EIRs
should not be less than 30 days nor longer than 90 days except in unusual situations.
The review period for draft EIRs for which a state agency is the lead agency or a
responsible agency shall be at least 45 days unless a shorter period is approved by the
State Clearinghouse.
(d) Public agencies shall use the State Clearinghouse to distribute draft EIRs and negative
declarations to state agencies for review and should use areawide clearinghouses to
distribute the documents to regional and local agencies.
(e) The County Community Development Department shall maintain a "contacts list"
containing the name, address and the telephone number of interested individuals and
organizations, as well as local state and federal agencies which may be responsible or
trustee agencies.
(f) Public hearings may be conducted pursuant to Section 15202.
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t
I. The general prohibition on disinterring, disturbing, or removing human remains
from any location other than a dedicated cemetary (Health and Safety Code
Section 7050.5).
2. The requirements of CEQA and the Coastal Act.
IX. As part of the objectives, criteria, and procedures required by Section 21082 or as part of
conditions imposed for mitigation, a lead agency should make provisions for archaeological
sites accidentally discovered during construction. These provisions should include an
immediate evaluation of the find. If the find is determined to be an important archaeo-
logical resource, contingency funding and a time allotment sufficient to allow recovering an
archaeological sample or to employ one of the avoidance measures should be available.
Construction work could continue on other parts of the building site while archaeological
mitigation takes place.
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