The procedures in this chapter have been formulated in order to implement the formation of an environmental committee and provide the necessary mechanism for evaluation and decision making regarding compliance with the conservation element of the general plan and additional environmental requirements as mandated by the State Supreme Court. (Res. 720539(part), 1972).

The first step is the creation of an environmental committee consisting of the road department, the engineering department, the health department, and the planning department with the planning department serving as chairman and having the authority to call meetings on a regular or special basis as deemed necessary by the committee. (Res. 72-539(part), 1972).

The functions of the committee will be to review all permit applications and submit findings and recommendations regarding the compliance with the conservation element of the general plan, with special concern for any possible adverse environmental impact. Also, the committee will evaluate environmental statements when required and submit findings and recommendations to the planning commission. Evaluation standards follow. (Res. 72-539(part), 1972).

On items such as permits, parcel maps, etc. other than those listed under “No Requirements,” evaluation forms similar to the form in Chapter 16.20 will accompany each application as it is circulated through the various departments. Each evaluation form will then be returned to the planning department which will review the comments and call meetings of the environmental committee as necessary to evaluate the applications. At this point, additional information may be requested of the applicant prior to the evaluation by the committee. (Res. 72-539(part), 1972).

Items which are listed under the section, “To be evaluated by the committee” will be evaluated and if total compliance is found, the permit will be issued to the applicant but will not become valid until the end of the thirty-day period during which time interested parties can appeal this decision to the planning commission for a thirty-five dollar appeal fee. (Res. 72-539A § 1, 1979: Res. 72-539(part), 1972).

Evaluations which have negative findings in any area will be submitted to the planning commission, along with findings and recommendations for consideration at a public hearing. Among the recommendations the committee could submit would be that a consultant or consultants be hired by the county at the expense of the applicant to provide specific information in a given area or areas of the evaluation or a complete environmental statement be filed. In any event, the cost of the necessary study or studies will be deposited in cash with the county by the applicant prior to commencing the study. (Res. 72-539(part), 1972).

The planning commission, at the public hearing, will:
A. Find that the application complies with the conservation element and will not have a significant environmental impact and grant the permit;
B. Find that the application does not comply with the conservation element and will have a significant environmental impact and deny the permit;
C. Require that a consultant or consultants be hired by the county at the expense of the developer and that this report or reports be submitted to the environmental committee for evaluation and resubmitted for public hearing before the planning commission for a determination as to compliance or noncompliance with the conservation element and significant environmental impact. (Res. 72-539(part), 1972).

The decision of the planning commission would thereafter be filed with the clerk of the board of supervisors and would become final thirty days after this filing date. During this thirty-day period, the decision will be reviewable by the board on its own decision or by appeal of any interested parties. Appeals should be accompanied by a thirty-five dollar appeal fee to cover the cost of the public hearing before the board. (Res. 72-539A § 2, 1979: Res. 72-539 (part), 1972).

At the public hearing before the planning commission, the commission has the authority to set down certain conditions and requirements which will be required for compliance with the conservation element or as mitigation measures for any possible negative environmental impact. (Res. 72-539(part), 1972).

Items which require environmental statements or committee decisions to require environmental statements or consultant reports will be subject to direct appeal to the board of supervisors as well as any other decision which is reached, either by the environmental committee or the planning commission, in matters where they have final authority. (Res. 72-539(part), 1972).

Where environmental statements or other reports are required, adequate time will be provided for the committee to make the necessary evaluations and copies of environmental statements or reports will be made available to the general public at least ten days prior to the public hearing before the planning commission. (Res. 72-539(part), 1972)

The planning commission will hear all items which require environmental statements or other reports at regularly scheduled public hearings. These decisions will also be filed with the clerk of the board of supervisors and be reviewable within thirty days of this filing date by the board, either on its own decision or by appeal of interested parties. (Res. 72-539 (part), 1972).

Public hearing notices will be given for each item heard before the planning commission by publication of a public hearing notice in a paper of general circulation in the area at least ten days prior to the hearing and by posting the involved property or properties with a public hearing notice or by notifying the surrounding property owners within three hundred feet of the boundaries of the involved property by mail. (Res. 72-539(part), 1972).