A.
Ministerial
Projects. Ministerial projects are statutorily exempt from the requirements
of CEQA. The following county entitlements are presumed to be ministerial
in the absence of exercise of any discretion by the permit-issuing
department:
1.
Issuance
of various building permits;
2.
Issuance
of business licenses;
3.
Approval
of final subdivision maps;
4.
Issuance
of certificates of compliance;
5.
Approval
of individual utility service connections and disconnections;
6.
Issuance
of encroachment permits;
7.
Issuance
of load permits;
8.
Issuance
of burn permits;
9.
Issuance
of permits to operate;
10.
Issuance of food handling permits;
11.
Issuance of public swimming pool permits;
12.
Issuance of various septic permits;
13.
Issuance of various well construction/destruction permits.
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Mixed ministerial and discretionary projects are considered
discretionary and subject to CEQA;
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B.
Emergency
Projects. The following emergency projects are exempt from the requirements
of CEQA:
1.
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
pursuant to the California Emergency Services Act, commencing with
Section 8550 of the Government Code;
2.
Emergency
repairs to public service facilities necessary to maintain service;
3.
Specific
actions necessary to prevent or mitigate an emergency;
C.
Feasibility
and planning studies for possible future action, although such studies
shall include consideration of environmental factors;
D.
Continuing
administrative, maintenance, and personnel-related activities;
E.
The
submission of proposals to a vote of the people of the county by the
initiative process;
F.
Any
activity (approval of bids, execution of contracts, allocations of
funds, etc.) for which the underlying project has previously been
evaluated for environmental significance and processed according to
the requirements of CEQA;
G.
Projects
which a public agency rejects or disapproves;
H.
The
adoption of ordinances, policies or procedures that do not result
in impacts on the physical environment;
I.
The
establishment, modification, structuring, restructuring, or approval
of rates, tolls, fares, or other charges by the county which the approving
authority finds are for the purpose of:
1.
Meeting
operating expenses, including employee wage rates and fringe benefits;
2.
Purchasing
or leasing supplies, equipment, or materials;
3.
Meeting
financial reserve needs and requirements; or
4.
Obtaining
funds for capital projects, necessary to maintain service within existing
service areas.
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The approving authority shall incorporate written findings in
the record of any proceeding in which an exemption under this section
is claimed setting forth with specificity the basis for the claim
of exemption.
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J.
The
institution or increase of passenger or commuter service on rail lines
already in use, including the modernization of existing stations and
parking facilities;
K.
The
development or adoption of a regional transportation improvement program
or the state transportation improvement program. Individual projects
developed pursuant to these programs shall remain subject to CEQA.
(Ord. 5119-B, 2001)
The State CEQA Guidelines' detailed definitions of each class
of categorical exemption (14 California Code Regulatory Sections 15301—15332),
as supplemented by the lists below, shall be used to determine whether
an activity is categorically exempt. The following are exceptions
to categorical exemptions.
A.
Locations.
Classes 3, 4, 5, 6, and 11 are qualified by consideration of where
the project is to be located; a project that is ordinarily insignificant
in its impact on the environment may in a particularly sensitive environment
be significant. Therefore, these classes are considered to apply all
instances, except where the project may impact on an environmental
resource of hazardous or critical concern where designated, precisely
mapped, and officially adopted pursuant to law by federal, state,
or local agencies.
B.
Cumulative
Impact. All exemptions for these classes are inapplicable when the
cumulative impact of successive projects of the same type in the same
place, over time is significant—for example, annual additions
to an existing building under Class 1.
C.
Significant
Effect. A categorical exemption shall not be used for an activity
where there is a reasonable possibility that the activity will have
a significant effect on the environment due to unusual circumstances.
D.
Scenic
Highways. A categorical exemption shall not be used for a project
that may result in damage to scenic resources, including but not limited
to trees, historic buildings, rock outcroppings, or similar resources,
within a highway officially designated as a state scenic highway.
This does not apply to improvements that are required as mitigated
by an adopted negative declaration or certified EIR.
E.
Hazardous
Waste Sites. A categorical exemption shall not be used for a project
located on a site which is included on any list complied pursuant
to Section 65962.5 of the Government Code.
F.
Historical/Cultural
Resources. A categorical exemption shall not be used for a project
which may cause a substantial adverse change in the significance of
a historical resource.
(Ord. 5119-B, 2001)
Class 1 consists of the operation, repair, maintenance, permitting,
leasing, licensing or minor alteration of existing public or private
structures, facilities, mechanical equipment, or topographical features,
involving negligible or no expansion of use beyond that existing at
the time of the lead agency's determination. The types of "existing
facilities" itemized below are not intended to be all-inclusive of
the types of projects which might fall within Class 1. The key consideration
is whether the project involves negligible or no expansion of an existing
use. Examples include, but not limited to:
A.
Interior
or exterior alterations involving such things as interior partitions,
plumbing, and electrical conveyances;
B.
Existing
facilities of both investor and public-owned utilities used to provide
electric power, natural gas, sewerage, or other public utility services;
C.
Existing
highways and streets, sidewalks, gutters, bicycle and pedestrian trails,
and similar facilities except where the activity will involve removal
of a scenic resource including a stand of trees, a rock outcropping,
or a historic building;
D.
Restoration
or rehabilitation of deteriorated or damaged structures, facilities,
or mechanical equipment to meet current standards of public health
and safety, unless it is determined that the damage was substantial
and resulted from an environmental hazard such as earthquake, landslide,
or flood;
E.
Additions
to existing structures provided that the addition will not result
in an increase of more than:
1.
Fifty
percent of the floor area of the structures before the addition, or
2,500 square feet, whichever is less; or
F.
Addition
of safety or health protection devices for use during construction
of or in conjunction with existing structures, facilities, or mechanical
equipment, or topographic features including navigational devices;
G.
New
copy on existing on-and off-premises signs;
H.
Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code);
I.
Maintenance
of fish screens, fish ladders, wildlife habitat areas, artificial
wildlife waterway devices, streamflows, springs and waterholes, and
stream channels (clearing of debris) to protect fish and wildlife
resources;
J.
Fish
stocking by the California Department of Fish and Game;
K.
Division
of existing multifamily rental units into condominiums;
L.
Demolition
and removal of individual small structures listed in this subsection
except where the structures are of historical, archeological, or architectural
significance:
1.
The
demolition or removal of a single-family residence. In urbanized areas,
up to three single-family residences may be demolished under this
exemption.
2.
Apartments,
duplexes, and similar structures, with no more than four dwelling
units if not in conjunction with the demolition of two or more such
structures. In urbanized areas, this exemption applies to single apartments,
duplexes, and similar structures designed for not more than six dwelling
units if not demolished in conjunction with the demolition of two
or more such structures.
3.
Stores,
motels, offices, restaurants, and similar small commercial structures
if designed for an occupant load of 30 persons or less, if not constructed
in conjunction with the demolition of two or more such structures.
In urbanized areas, the exemption also applies to commercial buildings
on sites zoned for such use, if designed for an occupant load of 30
persons or less if not demolished in conjunction with the demolition
of four or more such structures.
4.
The
demolition or removal of accessory (appurtenant) structures including
garages, carports, patios, swimming pools, and fences;
M.
Minor
repairs and alterations to existing dams and appurtenant structures
under the supervision of the California Department of Water Resources;
N.
Conversion
of single-family residence to office use;
O.
The
conversion of existing commercial units in one structure from single
to condominium-type ownership.
P.
Use
of a single-family residence as a small family day care home, as defined
in Section 1596.78 of the Health and Safety Code.
Q.
Phasing
of projects into separate units.
R.
Extensions
of time.
(Ord. 5119-B, 2001)
Class 2 consists of replacement or reconstruction of existing
structures and facilities where the new structure will be located
on the same site as the structure replaced and will have substantially
the same purpose and capacity as the structure replaced, including
but not limited to:
A.
Replacement
or reconstruction of existing schools and hospitals to provide earthquake-resistant
structures that do not increase capacity more than 50%;
B.
Replacement
of a commercial structure with a new structure of substantially the
same size, purpose, and capacity;
C.
Replacement
or reconstruction of existing utility systems and/or facilities involving
negligible or no expansion of capacity;
D.
Conversion
of overhead electric utility distribution system facilities to underground
including connection to existing overhead electric utility distribution
lines where the surface is restored to the condition existing prior
to the undergrounding.
(Ord. 5119-B, 2001)
Class 3 consists of construction and location of limited numbers
of new, small facilities or structures; installation of small new
equipment and facilities in small structures; and the conversion of
existing small structures from one use to another where only minor
modifications are made in the exterior of the structure. The numbers
of structures described in this section are the maximum allowable
on any legal parcel or to be associated with a project within a two-year
period. Examples of this exemption include but are not limited to:
A.
One
single-family residence or a second dwelling unit in a zone which
permits residential uses. In urbanized areas, up to three single-family
residences may be constructed or converted under this exemption;
B.
A duplex
or similar multi-family residential structure totaling no more than
four dwelling units if not in conjunction with the building or conversion
of two or more such structures. In urbanized areas, exemption applies
to single apartments, duplexes, and similar structures designed for
not more than six dwelling units;
C.
A store,
motel, office, restaurant or similar commercial or institutional structure
not involving the use of significant amounts of hazardous substances,
and not exceeding 2500 square feet in floor area. In urbanized areas,
the exemption also applies to up to four such commercial buildings
not exceeding 10,000 square feet in floor area on sites zoned for
such use, if not involving the use of significant amounts of hazardous
substances where all necessary public services and facilities are
available and the surrounding area is not environmentally sensitive.
D.
Water
mains, sewage, electrical, gas, and other utility extensions including
street improvements, to serve individual customers;
E.
Accessory
(appurtenant) structures including garages, carports, patios, swimming
pools, and fences.
(Ord. 5119-B, 2001)
Class 4 consists of minor public or private alterations in the
condition of land, water, and/or vegetation which do not involve removal
of mature, scenic trees except for forestry and agricultural purposes.
Examples include but are not limited to:
A.
Grading
on land with a slope of less than 10%, except that grading shall not
be exempt in a waterway, in any wetland, in an officially designated
(by federal, state, or local government action) scenic area, or in
officially mapped areas of severe geologic hazard, such as an Alquist-Priolo
Earthquake Fault Zone or within an official Seismic Hazard Zone, as
delineated by the State Geologist;
B.
Issuance
of a grading permit in conjunction with a project for which a design
review approval has been granted and/or following any discretionary
action which was subject to environmental review;
C.
New
gardening or landscaping; including the replacement of existing conventional
landscaping with water efficient or fire resistant landscaping;
D.
Filling
of earth into previously excavated land with material compatible with
the natural features of the site;
E.
Minor
alterations in land, water, and vegetation on existing officially
designated wildlife management areas or fish production facilities
which result in improvement of habitat for fish and wildlife resources
or greater fish production;
F.
Minor
temporary use of land having negligible or no permanent effects on
the environment, including carnivals, outdoor festivals/concerts,
sales of Christmas trees, arts and crafts fairs, etc.;
G.
Minor
trenching and backfilling where the surface is restored;
H.
Maintenance
dredging where the spoil is deposited in a spoil area authorized by
all applicable state and federal regulatory agencies;
I.
The
creation of bicycle lanes on existing rights-of-way.
J.
Fuel
management activities within 30 feet of structures to reduce the volume
of flammable vegetation, provided that the activities will not result
in the taking of endangered, rare, or threatened plant or animal species
or significant erosion and sedimentation of surface waters. This exemption
shall apply to fuel management activities within 100 feet of a structure
if the public agency having fire protection responsibility for the
area has determined in writing, or by written policy or ordinance,
that 100 feet of fuel clearance is required due to extra hazardous
fire conditions.
(Ord. 5119-B, 2001)
A.
Class
5 consists of minor alterations in land use limitations in areas with
an average slope of less than 20%, which do not result in any changes
in land use or density, including but not limited to:
1.
Minor
lot line adjustments, side yard, and setback variances not resulting
in the creation of any new parcel;
2.
Issuance
of minor encroachment permits;
3.
Reversion
to acreage in accordance with the Subdivision Map Act;
4.
Design
review where no other approvals require environmental review and the
project does not fit the definition of a major project;
5.
Variances
to lot size and lot width where no new building sites are created;
6.
Variances
to height limitations for single-family dwellings.
(Ord. 5119-B, 2001)
Class 6 consists of basic data collection, research, experimental
management, and resource evaluation activities which do not result
in a serious or major disturbance to an environmental resource. These
may be strictly for information gathering purposes, or as part of
a study leading to an action which a public agency has not yet approved,
adopted, or funded.
(Ord. 5119-B, 2001)
Class 7 consists of actions taken by regulatory agencies as
authorized by state law or local ordinance to assure the maintenance,
restoration, or enhancement of a natural resource where the regulatory
process involves procedures for protection of the environment. Examples
include but are not limited to wildlife preservation activities of
the California Department of Fish and Game. Construction activities
are not included in this exemption.
(Ord. 5119-B, 2001)
Class 8 consists of actions taken by regulatory agencies as
authorized by state law or local ordinance to assure the maintenance,
restoration, enhancement, or protection of the environment where the
regulatory process involves procedures for protection of the environment.
Construction activities and relaxation of standards allowing environmental
degradation are not included in this exemption.
(Ord. 5119-B, 2001)
Class 9 consists of activities limited entirely to inspections,
to check for performance of an operation, or quality, health, or safety
of a project, including related activities such as inspection for
possible mislabeling, misrepresentation, or adulteration of products.
(Ord. 5119-B, 2001)
Class 11 consists of construction or placement of minor structures
accessory to (appurtenant to) existing commercial, industrial, or
institutional facilities, including but not limited to:
A.
On-premises
signs;
B.
Small
parking lots;
C.
Placement
of seasonal or temporary use items such as lifeguard towers, mobile
food units, portable restrooms, or similar items in generally the
same locations from time to time in publicly owned parks, stadiums,
or other facilities designed for public use.
Examples of this exemption include but are not limited to:
(Ord. 5119-B, 2001)
Class 12 consists of sales of surplus government property except
for parcels of land located in an area of statewide, regional, or
area wide concern identified in the State CEQA Guidelines Section
15206(b)(4). However, even if the surplus property to be sold is located
in any of those areas, its sale is exempt if:
A.
The
property does not have significant values for wildlife habitat or
other environmental purposes, and
B.
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 in these guidelines; or
3.
The
use of the property and adjacent property has not changed since the
time of purchase by the public agency.
(Ord. 5119-B, 2001)
Class 13 consists of the acquisition of lands for fish and wildlife
conservation purposes including preservation of fish and wildlife
habitat, established ecological reserves under Fish and Game Code
Section 1580, and preserving access to public lands and waters where
the purpose of the acquisition is to preserve the land in its natural
condition.
(Ord. 5119-B, 2001)
Class 14 consists of minor additions to existing schools within
existing school grounds where the addition does not increase original
student capacity by more than 25% or 10 classrooms, whichever is less.
The addition of portable classrooms is included in this exemption.
(Ord. 5119-B, 2001)
Class 15 consists of the division of property into four or fewer
parcels when the division is in conformance with the general plan
and zoning, no other variances or exceptions requiring environmental
review are required, and all required services and access to the proposed
parcels to local standards are available.
(Ord. 5119-B, 2001)
Class 16 consists of the acquisition, sale or other transfer
of land in order to establish a park where the land is in a natural
condition or contains historic sites or archeological sites and either:
A.
The
management plan for the park has not been prepared; or
B.
The
management plan proposes to keep the area in a natural condition or
preserve the historic or archeological resources. CEQA will apply
when a management plan is proposed that will change the area from
its natural condition or cause substantial adverse change in the significance
of the historic or archaeological resource.
(Ord. 5119-B, 2001)
Class 17 consists of the establishment of agricultural preserves,
the making and renewing of open space contracts under the Williamson
Act, or the acceptance of easements or fee interests in order to maintain
the open space character of the area. The cancellation of such preserves,
contracts, interests, or easements is not included and will normally
be an action subject to the CEQA process.
(Ord. 5119-B, 2001)
Class 19 consists of only the following annexations:
A.
Annexations
to a city or special district of areas containing existing public
or private structures developed to the density allowed by the current
zoning or prezoning of either the gaining or losing environmental
agency, whichever is more restrictive, provided, however, that the
extension of utility services to the existing facilities would have
a capacity to serve only the existing facilities.
B.
Annexations
of individual small parcels of the minimum size for facilities exempted
by Class 3—New Construction or Conversion of Small Structures.
(Ord. 5119-B, 2001)
Class 20 consists of changes in the organization or reorganization
of local governmental agencies where the changes do not change the
geographical area in which previously existing powers are exercised.
Examples include but are not limited to:
A.
Establishment
of a subsidiary district;
B.
Consolidation
of two or more districts having identical powers;
C.
Merger
with a city of a district lying entirely within the boundaries of
the city.
(Ord. 5119-B, 2001)
Class 21 consists of:
A.
Actions
by regulatory agencies to enforce or revoke a lease, permit, license,
certificate, or other entitlement for use issued, adopted, or prescribed
by the regulatory agency or enforcement of a law, general rule, standard,
or objective, administered or adopted by the regulatory agency. Such
actions include but are not limited to the following:
1.
The
direct referral of a violation of lease, permit, license, certificate,
or entitlement for use or of a general rule, standard, or objective
to the attorney general, district attorney, or county counsel, as
appropriate, for judicial enforcement,
2.
The
adoption of an administrative decision or order enforcing or revoking
the lease, permit, license, certificate, or entitlement for use or
enforcing the general rule, standard, or objective;
B.
Law
enforcement activities by peace officers acting under any law that
provides a criminal sanction;
C.
Construction
activities undertaken by the public agency taking the enforcement
or revocation action are not included in this exemption.
(Ord. 5119-B, 2001)
Class 22 consists of the adoption, alteration, or termination
of educational or training programs which involve no physical alteration
in the area affected or which involve physical changes only in the
interior of existing school or training structures. Examples include
but are not limited to:
A.
Development
of or changes in curriculum or training methods;
B.
Changes
in the grade structure in a school which do not result in changes
in student transportation.
(Ord. 5119-B, 2001)
Class 23 consists of the normal operations of existing facilities
for public gatherings for which the facilities were designed, where
there is a past history of the facility being used for the same or
similar kind of purpose. For the purposes of this section, "past history"
shall mean that the same or similar kind of activity has been occurring
for at least three years and that there is a reasonable expectation
that the future occurrence of the activity would not represent a change
in the operation of the facility. Facilities included within this
exemption include but are not limited to racetracks, stadiums, convention
centers, auditoriums, amphitheaters, planetariums, swimming pools,
and amusement parks.
(Ord. 5119-B, 2001)
Class 24 consists of actions taken by the regulatory agencies,
including the Industrial Welfare Commission as authorized by statute,
to regulate any of the following:
A.
Employee
wages;
B.
Hours
of work; or
C.
Working
conditions where there will be no demonstrable physical changes outside
the place of work.
(Ord. 5119-B, 2001)
Class 25 consists of the transfers of ownership of interests
in land in order to preserve open space, habitat or historic resources.
Examples include but are not limited to:
A.
Acquisition,
sale or other transfer of areas to preserve the existing natural conditions,
including plant or animal habitats.
B.
Acquisition,
sale or other transfer of areas to allow continued agricultural use
of the areas.
C.
Acquisition,
sale or other transfer to allow restoration of natural conditions,
including plant or animal habitats.
D.
Acquisition,
sale or other transfer to prevent encroachment of development into
flood plains.
E.
Acquisition,
sale or other transfer to preserve historical resources.
(Ord. 5119-B, 2001)
Class 26 consists of actions by a redevelopment agency, housing
authority, or other public agency to implement an adopted housing
assistance plan by acquiring an interest in housing units. The housing
units may be either in existence or possessing all required permits
for construction when the agency makes its final decision to acquire
the units.
(Ord. 5119-B, 2001)
A.
Class
27 consists of the leasing of a newly constructed or previously unoccupied
privately owned facility by a local or state agency where the local
governing authority determined that the building was exempt from CEQA.
To be exempt under this section, the proposed use of the facility:
1.
Shall
be in conformance with existing state plans and policies and with
general, community, and specific plans for which an EIR or Negative
Declaration has been prepared,
2.
Shall
be substantially the same as that originally proposed at the time
the building permit was issued,
3.
Shall
not result in a traffic increase of greater than 10% of front access
road capacity, and
4.
Shall
include the provision of adequate employee and visitor parking facilities;
(Prior code § 31.957)
Class 28 consists of the installation of hydroelectric generating
facilities in connection with existing dams, canals, and pipelines
where:
A.
The
capacity of the generating facilities is five megawatts or less;
C.
New
power lines to connect the generating facilities to existing power
lines will not exceed one mile in length if located on a new right-of-way
and will not be located adjacent to a wild or scenic river;
D.
Repair
or reconstruction of the diversion structure will not raise the normal
maximum surface elevation of the impoundment;
E.
There
will be no significant upstream or downstream passage of fish affected
by the project;
F.
The
discharge from the power house will not be located more than 300 feet
from the toe of the diversion structure;
G.
The
project will not cause violations of applicable state or federal water
quality standards;
H.
The
project will not entail any construction on or alteration of a site
included in or eligible for inclusion in the National Register of
Historic Places; and
I.
Construction
will not occur in the vicinity of any rare or endangered species.
(Ord. 5119-B, 2001)
Class 29 consists of the installation of cogeneration equipment
with a capacity of 50 megawatts or less at existing facilities meeting
the conditions described in this section.
A.
At
existing industrial facilities, the installation of cogeneration facilities
will be exempt where it will:
B.
At
commercial and institutional facilities, the installation of cogeneration
facilities will be exempt if the installation will:
(Ord. 5119-B, 2001)
Minor actions to prevent, minimize, stabilize, mitigate or eliminate
the release or threat of release of hazardous waste or hazardous substances.
Class 30 consists of any minor cleanup actions taken to prevent,
minimize, stabilize, mitigate, or eliminate the release or threat
of release of a hazardous waste or substance which are small or medium
removal actions costing $1 million or less. No cleanup action shall
be subject to this Class 30 exemption if the action requires the onsite
use of a hazardous waste incinerator or thermal treatment unit, with
the exception of low temperature thermal desorption, or the relocation
of residences or businesses, or the action involves the potential
release into the air of volatile organic compounds as defined in Health
and Safety Code, Section 235123.6, except for small scale in situ
soil vapor extraction and treatment systems which have been permitted
by the local Air Pollution Control District or Air Quality Management
District. All actions must be consistent with applicable state and
local environmental permitting requirements including, but not limited
to, air quality rules such as those governing volatile organic compounds
and water quality standards, and approved by the regulatory body with
jurisdiction over the site. Examples of such minor cleanup actions
include but are not limited to:
A.
Removal
of sealed, non-leaking drums or barrels of hazardous waste or substances
that have been stabilized, containerized and use designated for a
lawfully permitted destination;
B.
Maintenance
or stabilization of berms, dikes, or surface impoundments;
C.
Construction
or maintenance of interim or temporary surface caps;
D.
Onsite
treatment of contaminated soils or sludges provided treatment system
meets Title 22 requirements and local air district requirements;
E.
Excavation
and/or offsite disposal of contaminated soils or sludges in regulated
units;
F.
Application
of dust suppressants or dust binders to surface soils;
G.
Controls
for surface water run-on and run-off that meets seismic safety standards;
H.
Pumping
of leading ponds into an enclosed container;
I.
Construction
of interim or emergency ground water treatment systems;
J.
Posting
of warning signs and fencing for a hazardous waste or substance site
that meets legal requirements for protection of wildlife.
(Ord. 5119-B, 2001)
Class 31 consists of projects limited to maintenance, repair,
stabilization, rehabilitation, restoration, preservation, conservation,
or reconstruction of historical resources in a manner consistent with
the Secretary of the Interior's Standards for the Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitation, Restoring,
and Reconstructing Historic Buildings (1995), Weeks and Grimmer.
(Ord. 5119-B, 2001)
Class 32 consists of projects characterized as in-fill development
meeting the conditions described in this section.
A.
The
project is consistent with the applicable general plan designation
and all applicable general plan policies as well as with applicable
zoning designation and regulations.
B.
The
project site has no value as habitat for endangered, rare or threatened
species.
C.
Approval
of the project would not result in any significant effects relating
to traffic, noise, air quality, or water quality.
D.
The
site can be adequately served by all required utilities and public
services.
(Ord. 6042-B § 1, 2020)
Class 33 consists of projects not to exceed five acres in size
to assure the maintenance, restoration, enhancement, or protection
of habitat for fish, plants, or wildlife provided that:
A.
There
would be no significant adverse impact on endangered, rare or threatened
species or their habitat pursuant to Section 15065.
B.
There
are no hazardous materials at or around the project site that may
be disturbed or removed.
C.
The
project will not result in impacts that are significant when viewed
in connection with the effects of past projects, the effects of other
current projects, and the effects of probable future projects.
D.
Examples
of small restoration projects may include, but are not limited to:
1.
Revegetation
of disturbed areas with native plant species;
2.
Wetland
restoration, the primary purpose of which is to improve conditions
for waterfowl or other species that rely on wetland habitat;
3.
Stream
or river bank revegetation, the primary purpose of which is to improve
habitat for amphibians or native fish;
4.
Projects
to restore or enhance habitat that are carried out principally with
hand labor and not mechanized equipment;
5.
Stream
or river bank stabilization with native vegetation or other bioengineering
techniques, the primary purpose of which is to reduce or eliminate
erosion and sedimentation; and
6.
Culvert
replacement conducted in accordance with published guidelines of the
Department of Fish and Wildlife or National Marine Fisheries Service,
the primary purpose of which is to improve habitat or reduce sedimentation.
(Ord. 6042-B § 1, 2020)
