38.05.050 Procedures for exempt projects.
A. Review for Exemption. The Planning Director or his designee shall evaluate each project or activity to determine if it is exempt from the requirements of CEQA. This evaluation shall be done in conjunction with the normal review of project applications for completeness. Types of activities which are exempt from CEQA include:
1. Projects defined as ministerial in subsection (B) of this section and Guidelines Section 15369, or categorically exempt in accordance with Guidelines Sections 15300 through 15331.
2. Projects or activities where there is no possibility that the activity or project in question may have a significant effect on the environment.
B. Ministerial Projects. The Planning Director or his designee shall determine whether a project is ministerial as defined in this section and Guidelines Section 15369. After finding that a project is ministerial, the Planning Director or his designee may complete a notice of exemption (Guidelines Section 15062). The following county actions are considered ministerial in nature:
1. The issuance of building and construction related permits;
2. The issuance of business licenses;
3. The approval of final subdivision maps;
4. The approval of individual utility service connections and disconnections;
5. The issuance of sign permits;
6. The issuance of occupancy permits;
7. Checking of landscape plans.
C. Categorical Exemptions. The Planning Director or his designee shall determine whether a project is categorically exempt. Classes of exempt activities are listed in Guidelines Sections 15300 through 15331. After finding a project categorically exempt, the Planning Director or his designee may complete a notice of exemption (Guidelines Section 15062). Examples of typical county projects which are categorically exempt and their exemption class in accordance with the guidelines are as follows:
1. Lot line adjustments, variances, and encroachment permits on land with a slope of less than 20 percent which do not result in changes in land use and density. (Class 5)
2. Minor alterations in the condition of the land, such as grading, gardening, and landscaping that do not affect sensitive resources. (Class 4)
3. New construction/conversion of small structures or replacement/reconstruction of existing structures. (Classes 2 and 3)
4. Conditional use permits involving the operation, repair, maintenance or minor alteration of existing facilities. (Class 1)
5. Emergencies. As defined by Cal. Pub. Res. Code § 21080 and Guidelines Section 15269.
D. Findings. For projects categorically exempt from CEQA, the decision-making body shall make the finding, as part of the resolution or other action approving the project, that the project is categorically exempt from CEQA and therefore no environmental documents are required. (Formerly 38.05)