Chapter 16.12 REQUIREMENTS FOR IMPLEMENTING THE OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN

16.12.010 Chapter application.

16.12.020 Report recommendation authority.

16.12.030 No requirements.

16.12.040 Uses to be evaluated by the environmental committee.

16.12.050 Uses which require environmental statements.

16.12.060 Basis for evaluation.

16.12.070 Forms prohibited.

16.12.080 Evaluation responsibility.

16.12.090 Forms--Submission.

16.12.100 Hearing--Notice.

16.12.010 Chapter application.

Planning department requirements for implementing the open space and conservation element of the county general plan are as follows in this chapter. (Res. 72-539(part), 1972).

16.12.020 Report recommendation authority.

These are general requirements and the planning commission has the authority to recommend environmental statements or other reports in any area for any use when it is determined that the type of use and/or the area involved could have a significant environmental impact. (Res. 72-539(part), 1972).

16.12.030 No requirements.

No requirements, uses which consistent with the open space element and general plan for Madera County, are as follows:
A. Single-family uses in areas currently zoned for such use;
B. Restricted retail sales establishments, retail sales establishments, customer service establishments, as defined in the zoning ordinance in areas currently zoned for such uses;
C. Setback and other minor variances;
D. Rezonings which comply with the general plan and the conservation element;
E. Any upgrading of existing facilities which does not expand or intensify the existing use. (Res. 72-539(part), 1972).

16.12.040 Uses to be evaluated by the environmental committee.

Uses to be evaluated by the environmental committee to determine compliance with the conservation element of the general plan and environmental statement requirements are as follows:
A. Use Permits and Building Permits.
1. Poultry ranches, feed lots, cotton gins, wineries, general commercial establishments, as defined in the zoning ordinance,
2. Public buildings as defined in the zoning ordinance,
3. Air strips, multiple family units (five units or more), boardinghouses (five or more units), labor camps (five or more units), and private institutional uses, hotels, motels, etc., and semipublic uses as defined in the zoning ordinance,
4. Public and private stable,
5. Light industrial us,
6. Other similar uses as determined by the environmental committee;
B. Parcel Map. A review will be made of all parcel maps to determine compliance with the conservation element of the general plan and possible environmental impacts;
C. Rezonings. Rezoning to higher density or less restrictive zone within the same category. Example: CRR to CRG or ARE-20 to AR-5;
D. Any use not specified under Section 16.12.030 or 16.12.050.
E. A fee of twenty-five dollars is required to be deposited with the county planning department to cover the cost of each project which is evaluated. (Res. 72-539A § 3, 1979; Res. 72-539(part), 1972).

16.12.050 Uses which require environmental statements.

Uses which require environmental statements are as follows:
A. Rezonings which do not conform with the general plan of the county or the small area plans;
B. Heavy industrial uses, mining, quarrying, and drilling operations, heavy commercial uses such as shopping centers, truck terminals, wrecking yards, etc;
C. Refuse disposal sites, race tracks, storage or manufacturing of chemicals, explosives, or other dangerous materials;
D. Subdivisions, mobile home parks, travel trailer parks, campgrounds, and other major public or private recreational facilities or uses;
E. Any use which by its nature may in any way have a substantial detrimental effect on the existing and/or surrounding environment. (Res. 72-539(part), 1972).

16.12.060 Basis for evaluation.

The planning department recommends that conformance with the conservation element be evaluated on the following basis, considering both the short-term and long-term consequences of the project and related activities:
A. Preservation of open space and recreational areas as outlined in the general plan;
B. Preservation of prime farm land, grazing areas, and natural settings;
C. Urban uses limited to urban areas and developing urban areas or suitable new community areas. A specific area plan must be adopted by the county for new community areas;
D. Preservation of wildlife, air quality, water quality and quantity, water recharge areas, and ecological relationships;
E. Any increase in the existing noise levels;
F. Preservation of existing drainage, surface features, geology, and natural resources;
G. Preservation of natural or historical features which are unique to the county, state, or nation;
H. Any other possible detrimental effects on the public health or safety, or disruption of local communities. (Res. 72-539(part), 1972).

16.12.070 Forms prohibited.

A. Standard forms have been prepared including the items listed in Section 16.12.060 with spaces provided for comments regarding the compliance or noncompliance in each of the areas mentioned;
B. Space is provided for comments on each specific area of evaluation since, even if an environmental statement and public hearing are not required, the reasons must be specific. (Res. 72-539(part), 1972).

16.12.080 Evaluation responsibility.

Specific departments will assume the primary responsibility for providing evaluations in certain areas. For example, the planning department has primary responsibility for evaluating Items A and C as listed in Section 16.12.060, with a certain amount of advice being provided by other agencies, whereas Item G is something which could be evaluated by the entire environmental committee. (Res. 72-539(part), 1972).

16.12.090 Forms--Submission.

When each use has been reviewed and discussed and the forms are completed by the environmental committee, they will be submitted to the planning commission and then to the board of supervisors for determination. (Res. 72-539(part), 1972).

16.12.100 Hearing--Notice.

Public notice must be provided for a hearing at which determination is made, and in cases where an environmental statement is required, the statement must be prepared in written form before a decision is made. (Res. 72-539(part), 1972).