Chapter 14.03.021
Exemptions
Sections:
14.03.021.020 Notice of Exemption.
14.03.021.010 Applicability.
CEQA applies only to projects which have the potential for causing a significant effect on the environment.
A. Where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. This general rule can be applied to activities which could be subject to the CEQA process, but which logic dictates should not be subject to CEQA review. Such activities include, but are not limited to, the following:
1. An activity that is not a project, including:
a. Anything specifically exempted by State law;
b. Continuous administrative or maintenance activities, such as the purchase of supplies, personnel-related actions, and general policy and procedure making;
c. The submittal of proposals to a vote of the people.
B. In addition, except as otherwise noted, the provisions of this division shall not apply to the following projects:
1. Ministerial Projects. Ministerial projects or actions involve the use of set standards or objective measurements to evaluate the feasibility of granting an approval. Such projects do not require discretionary or subjective judgment on the part of the decision-maker on whether or how a project should be carried out. A ministerial project would be required to be approved if those set standards were complied with and, therefore, would not be subject to CEQA review. Ministerial projects include, but are not limited to, the following activities:
a. Issuance of building, plumbing, electrical, and other miscellaneous permits under the uniform codes;
b. Issuance of burn, storage, and other similar permits under the Uniform Fire Code;
c. Issuance of business licenses;
d. Issuance of extra legal load, taxi driver, and solicitor-vendor booth permits;
e. Issuance of industrial wastewater discharge permits;
f. Approval and recordation of final subdivision and parcel maps and related improvement plans;
g. Approval of individual utility service connections and disconnections;
h. Issuance of a demolition permit for a structure that is not a designated historic building or designated a contributing building within the historic district;
i. Grading permits.
2. Additional Ministerial Projects. The Director, upon review of the provisions contained in this division and in the CEQA Guidelines, may make a determination that a particular project not specifically itemized in Section 14.03.021.010(B) above, is in fact a ministerial project. The determination that a particular project is a ministerial project shall be based on an examination of the law or ordinance authorizing the permit and a determination by the Director that the approval of the project or activity does not involve discretion in granting the permit. Upon making a finding that a project, or activity, is ministerial, the Director may file a notice of exemption with the County Clerk that the project or activity has been determined to be ministerial.
3. Emergency Projects. Emergency projects are in response to an occurrence or a situation that involves a clear and imminent danger, requiring immediate action to prevent or reduce the loss or damage to life, health, property, or essential public services. Projects determined by the Director of Public Works to be emergency projects are exempt from the requirements of CEQA. Substantial evidence must be present in the record to support the findings that there is, or will be, imminent danger or that an emergency situation has occurred, or will be prevented in order for this exemption to apply. The following shall be deemed to be emergency projects:
a. Projects to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster stricken area in which a state of emergency has been proclaimed by the Governor;
b. Emergency repairs to public service facilities necessary to maintain service;
c. Specific actions necessary to prevent or mitigate an emergency.
4. Categorical Exemptions. CEQA does not apply to a class of projects listed in the Guidelines as categorical exemptions. These projects, which are not ministerial projects, have been determined by the State to have no significant effect on the environment, and therefore, are exempt from CEQA. In addition to the State list of categorically exempt projects, the following City projects shall be exempt from the provisions of CEQA:
a. Exemption 1: Issuance of a home occupation, secondary dwelling unit, or sign permit;
b. Exemption 2: Installation, modification, or removal of traffic control systems, including, but not limited to, signs, signals, and controllers;
c. Exemption 3: The sale of surplus government property by the City, the Redevelopment Agency, or any other body that takes action on behalf of the City, except for parcels of land located in an area of statewide, regional, or area wide concern identified in Section 15206(b)(4) of the CEQA Guidelines. However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if:
i. The property does not have significant values for wildlife habitat or other environmental purposes; and
ii. Any of the following conditions exist: (1) the property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or (2) the property to be sold would qualify for an exemption under any other class of categorical exemption; or (3) the use of the property and adjacent property has not changed since the time of purchase by the public agency.
d. Exemption 4: Curb cuts for driveways and other items requiring a street encroachment permit;
e. Exemption 5: Street repair including reconstruction and resurfacing, and the repair of curbs, gutters, and sidewalks.
5. An otherwise categorically exempt project shall be subject to CEQA if:
a. The project impacts an environmental resource or hazard of critical concern;
b. The cumulative environmental impact of successive projects of the same type is significant;
c. There is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances; or
d. The project is located on a site included on any hazardous waste sites list compiled pursuant to Article 2 of Chapter 4 of the California Government Code.
6. Projects which the City, acting as lead agency, denies or rejects. (Ord. 1595, §5, 1998)
14.03.021.020 Notice of Exemption.
After a project is approved, the City or the applicant may file a notice of exemption with the County Clerk.
A. The notice shall be on a form specified by the Director and shall contain the following information:
1. A brief description of the project;
2. A finding that the project is exempt from CEQA, including a citation to the applicable section of the CEQA Guidelines;
3. A brief statement of reasons to support the finding of exemption.