All proposals or activities must be reviewed to determine if one of the exemptions stated in this chapter is appropriate, including if the proposal is not a project under CEQA.
(Ord. 957 § 1, 1995)
A.
If a proposed activity is not a project as defined by CEQA, it is exempt from CEQA review. Section 15378 of the State CEQA Guidelines lists examples of actions that are not projects.
B.
CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen 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. See State CEQA Guidelines Section 15061(b)(3).
(Ord. 957 § 1, 1995)
A.
Certain activities have been exempted from CEQA by the State Legislature. These exemptions include feasibility or planning studies, ministerial projects and emergency actions.
B.
Pursuant to Section 15268 of the State CEQA Guidelines, the following activities are included within the class of ministerial exemptions:
1.
Issuance of building permits and related permits (e.g., plumbing and electrical);
2.
Demolition permits except where the structures are more than fifty years old and may be of historical, archaeological or architectural significance;
3.
Approval and installation of individual utility source connections and disconnections;
4.
Issuance of certificates of occupancy;
5.
Issuance of business licenses;
6.
Approval of final subdivision maps;
7.
Issuance of encroachment permits;
8.
Issuance of load 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.
C.
Mixed ministerial and discretionary projects are considered discretionary and are subject to CEQA.
(Ord. 957 § 1, 1995)
A.
Certain clauses or categories of projects, subject to the exceptions listed in State CEQA Guidelines Section 15300.2, have been determined by the state to have an insignificant effect on the environment and are known as categorical exemptions. Currently, the State CEQA Guidelines (Sections 15301 - 15329) recognize twenty-nine classes of categorically exempt projects.
B.
Pursuant to Section 15300.4 of the State CEQA Guidelines, the county adds the following activities to the list of classes 1, 3, 4 and 5, categorical exemptions, of the State CEQA Guidelines:
Class 1:
Existing Facilities (Section 15301).
1.
Installation of traffic control devices;
2.
Placement of dikes, berms, roadside ditches, downdrains, dissipators;
3.
Extension of existing culverts;
4.
Shoulder widening, including bridges;
5.
Placing of guard rails;
6.
Placing of fences, cattle guards;
7.
Widening a total distance of less than one lane, including bridges;
8.
Improvement of bridge wing walls, abutments, piers;
9.
Landscaping projects;
10.
Construction of drop walls or concrete cross gutters;
11.
Minor channelization of less than one hundred feet length;
12.
Removal of trees that are diseased or that interfere with traffic safety only;
13.
Construction of minor retaining walls;
14.
Placement of bank protection fences;
15.
Construction of drop inlets;
16.
Placement of subdrains;
17.
Construction of tractor crossings;
18.
Placement of new drainage culverts when drainage release has been obtained;
19.
Placement of concrete curbs and gutters;
20.
Renewal of grazing leases that do not involve new or additional impacts.
Class 3:
New Construction or Conversion of Small Structures (Section 15303).
1.
Street construction of five hundred feet or less in an existing right-of-way that does not involve the removal of any scenic, historical, archaeological, architectural or biotic resources;
2.
Utility extensions, including water main, sewage, electrical and gas lines of five hundred feet or less;
3.
Septic tank permits for single-family dwellings and for multiple-family projects, including mobile home parks not exceeding four units.
Class 4:
Minor Alterations to Land (Section 15304).
1.
Removal of diseased trees and trees that are removed in accordance with road department procedures in which the adjoining party owners have given consent;
2.
Grading and excavation if there is no disturbance to identified or potential special-status species habitat and no disturbance to identified or potential historic or archaeological resources;
3.
No grading or excavation shall be considered a minor alteration to land when it involves grading on five acres or more or it involves quantities of material in excess of that indicated below for any area with an existing average slope in the range specified:
CUT AND EXCAVATION LIMITS | |
|---|---|
Existing Slopes | Cubic Yards |
0-10% | 1,000 |
11-29% | 600 |
30% and above | Grading plans and environmental review mandatory |
FILL AND EMBANKMENTS LIMITS | |
|---|---|
Existing Slope | Cubic Yards |
0-10% | 2,000 |
11-24% | 1,000 |
25% and above | Grading plans and environmental review mandatory |
Class 5:
Minor Alterations in Land Use Limitations (Section 15305).
(Ord. 957 § 1, 1995)
If a determination is made that the activity is exempt from CEQA, and the county approves or determines to carry out the project, the county may, but is not required to, file a notice of exemption with the county clerk, and with the Governor's Office of Planning and Research if state resources could be affected. The notice may be filed by either county staff or an applicant. The notice shall include a project description, the location of the project, a finding that the project is exempt including its exemption type, and a brief statement of reasons to support the finding.
(Ord. 957 § 1, 1995)