Chapter 7.15
EXEMPTIONS
Sections:
7.15.010 Ministerial projects.
7.15.020 Categorical exemption.
7.15.030 Emergency exemptions.
7.15.040 Feasibility and planning studies.
7.15.060 Preexisting projects.
7.15.010 Ministerial projects.
Ministerial projects are exempt from the requirements of CEQA. Unless the district engineer shall specifically find otherwise in a particular case, the following actions will be considered to be ministerial in nature:
A. The lease of district property which does not involve significant construction or change of use.
B. Issuance of permits and entitlements for other activities occasional in nature, which are regulated by district ordinance or resolution.
C. Any lease, permit, or other entitlement which pertains to a project which is either categorically exempt or for which a negative declaration, EIR, or EIS has been filed and has become final.
Where a project involves an approval that contains elements of both a ministerial action and a discretionary action, the project will be deemed to be discretionary and will be subject to the requirements of CEQA. (Ord. 8 Art. 4 § 1, 1977)
7.15.020 Categorical exemption.
Attached to the ordinance codified in this chapter as Appendix A and incorporated herein by reference is a list of classes of projects which the Secretary for Resources of the State of California has determined not to have a significant effect on the environment and has declared in the state guidelines (Cal. Code Regs. §§ 15100 to 15116, inclusive) to be categorically exempt from the provisions of CEQA. (Note: Only the Secretary for Resources may determine categorical exemptions.) (Ord. 8 Art. 4 § 2, 1977)
7.15.030 Emergency exemptions.
The following are emergency projects exempt from the requirements of CEQA, and no EIR is required:
A. Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as the result of a disaster in a disaster-stricken area in which a state of emergency has been declared by the Governor.
B. Emergency repairs to public facilities necessary to maintain service.
C. Specific actions necessary to prevent or mitigate an emergency. This includes the correction of a defective condition of which the district has notice and where there is a substantial risk of liability if the condition is not immediately corrected. (Ord. 8 Art. 4 § 3, 1977)
7.15.040 Feasibility and planning studies.
A project involving only feasibility or planning studies for possible future actions which the district has not approved, adopted, or funded does not require the preparation of an EIR, but does require consideration of environmental factors. (Ord. 8 Art. 4 § 4, 1977)
7.15.050 EIS exemption.
Any project for which an EIS has been prepared and filed in accordance with NEPA where, in determination of the district engineer, said EIS meets or has been supplemented to meet the requirements of CEQA. (Ord. 8 Art. 4 § 5, 1977)
7.15.060 Preexisting projects.
Any project which started prior to 1970 which has a continuous history of exemption from CEQA. (Ord. 8 Art. 4 § 6, 1977)