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HomeMy WebLinkAboutBOARD OF SUPERVISORS OROVILLE CALIFORNIABUTTE __ 4 BOARD OF S COUNTY UPERVISORS NOV 2 8 2007 � _ � NOV 12 2007 F DEVELOPMENT --------__ - SERVICES -- - -- --- OROVILLECALIFORNIA- J p-- 42 141 plan and identifies measures to implement those policies, so that the policies which will apply to each parcel can be determined. (f) No person shall have standing to bring an action or proceeding to attack, review, set aside, void, or annul a finding of a public agency made at a public hearing pursuant to subdivision (a) with respect to the conformity of the project to the mitigation measures identified in the prior environmental impact report for the zoning or planning action, unless he or she has participated in that public hearing. However, this subdivision shall not be applicable if the local agency failed to give public notice of the hearing as required by law. For purposes of this subdivision, a person has participated in the public hearing if he or she has either submitted oral or written testimony regarding the proposed determination, finding, or decision prior to the close of the hearing. (g) Any community plan adopted prior to January 1, 1982,, which does not comply with the definitional criteria specified in subdivision (e) may be amended to comply with that criteria, in which case the plan shall be deemed a "community plan" within the meaning of subdivision (e) if (1) an environmental impact report was certified for adoption of the plan, and (2) at the time of the conforming amendment, the environmental impact report has not been held inadequate by a court of this state and is not the subject of pending litigation challenging its adequacy. •' § 21083.4. Oak woodlands conservation (a) For purposes of this section, "oak" means a native tree species in the genus Quercus, not designated as Group A or Group B commercial species pursuant to regulations adopted by the State Board of Forestry and Fire Protection pursuant to Section 4526, and that is"5.inches or more in diameter at breast height. (b) As part of the determination made pursuant to Section 21080.1, a county shall determine whether a project within its jurisdiction may result in a conversion of oak woodlands that will have a significant effect on the environment,df•a county determines' that- there may be a significant effect to oak woodlands, the county §Hall_'- ' require one or more of the following oak woodlands mitigation alternatives to. mitigate the,significant effect of the conversion ;of -oak woodlands: (1) Conserve oak woodlands, through the use of conservation easements. (2) (A) Plant an appropriate number of trees, including maintaining plantings and replacing dead or diseased trees. (B) The requirement to maintain trees pursuant to this paragraph terminates seven years after the trees are planted. it r (C) Mitigation pursuant to this paragraph shall not fulfill more than one-half of the mitigation requirement for the project. (D) The requirements imposed pursuant to this paragraph also may be used to restore former oak woodlands. (3) Contribute funds to the Oak Woodlands Conservation Fund, as established under subdivision (a) of Section 1363 of the Fish and Game Code, for the purpose of purchasing oak woodlands conservation easements, as specified under paragraph (1) of subdivision (d) of that section and the guidelines and criteria of the Wildlife Conservation Board. A project applicant that contributes funds under this paragraph shall not receive a grant from the Oak Woodlands Conservation Fund as part of the mitigation for the project. (4) Other mitigation measures developed by the county. (c) Notwithstanding subdivision (d) of Section 1363 of the Fish and Game Code, a county may use a grant awarded pursuant to the Oak Woodlands Conservation Act (Article 3.5 (commencing with Section 1360) of Chapter 4 of Division 2 of the Fish and Game Code) to prepare an oak conservation element for a general plan, an oak protection ordinance, or an oak woodlands management plan, or amendments thereto, that meets the requirements of this section. (d) The following are exempt from this section: (1), Projects undertaken pursuant to an approved Natural Community Conservation Plan or approved subarea plan within an approved Natural Community Conservation Plan that includes oaks as a covered species or that conserves oak habitat through natural community conservation preserve designation and implementation and mitigation measures that are consistent with this section. (2) Affordable housing projects for lower income households, as defined pursuant to Section 50079.5 of the Health and Safety Code, that are located within an urbanized area, or within a sphere of influence as defined pursuant to Section 56076 of the Government Code. (3) Conversion of oak woodlands on agricultural land.that includes land that is used to produce or process plant and animal products _ for commercial purposes. (4) Projects undertaken pursuant to Section 21080.5 of the Public Resources Code. (e) (1) A lead agency that adopts, and a project that incorporates, one or more of the measures specified in this section to mitigate the significant effects to oaks and oak woodlands shall . be deemed to be in compliance with this division only as it applies to effects on oaks and oak woodlands. (2) The Legislature does not intend this section to modify requirements of this division, other than with regard to effects on oaks and oak woodlands. (f) This section does not preclude the application of Section 21081 to a project. (g) This section, and the regulations adopted pursuant to this section, shall not be construed as a limitation on the power of a public agency to comply with this division or any other provision of law. § 21083.5. Environmental impact statement or report; submission in lieu of impact report; compliance by adoption of Tahoe regional plan; public review and notice requirements (a) The guidelines prepared and adopted pursuant to Section 21083 shall provide that, when an environmental impact statement has been, or will be, prepared for the same project pursuant to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) and implementing regulations, or an environmental impact report has been, or will be, prepared for the same project pursuant to the requirements of the Tahoe Regional Planning Compact (Section 66801 of the Government Code) and implementing regulations, all or any part of that statement or report may be submitted in lieu of all or any. part of an environmental impact report required by this division, if that statement or report, or the part which is used, complies with the requirements of this division and the guidelines adopted pursuant thereto. (b) Notwithstanding subdivision (a), compliance with this division may be achieved for the adoption in a city or county general plan, without any additions or change, of all or any part of the regional plan prepared pursuant to the Tahoe Regional Planning Compact and implementing regulations by reviewing environmental documents prepared by the Tahoe Regional Planning Agency addressing the plan, providing an analysis pursuant to this division of any significant effect on the environment not addressed in the environmental documents, and proceeding in accordance with Section 21081. This subdivision does not exempt a city or county from complying with the public review and notice requirements of this division. § 21083.6. Combined environmental impact report and statement; time limits In the event that a project requires both an environmental impact report prepared pursuant to the requirements of this division and an environmental impact statement prepared pursuant to the requirements of the National Environmental Policy Act of 1969, an