Chico Municipal Code Art. III Procedures for Identifying and Processing Projects Exempt from CEQA

The purpose of this article is to identify projects that are exempt from the provisions of CEQA and to establish procedures for the preparation and statutory posting of notices of exemption.

(Ord. 2067)

A. Ministerial Projects. The issuance of the following City permits and approvals is generally deemed to be a ministerial action and therefore statutorily exempt pursuant to Section 21080 et seq of the State Guidelines. Ministerial actions include but are not limited to:

1. Building permits, as defined by the State Guidelines;

2. Demolition permits;

3. Electrical, mechanical, and plumbing permits; permits issued pursuant to the Uniform Fire Code, excepting permits which authorize fires or flames or equipment utilizing fires or flames;

4. Sign permits;

5. Certificates of compliance not in conjunction with a division of property;

6. Park reservations of facilities in City parks and playgrounds, and permits authorizing public events conducted in City parks and playgrounds when issued by the Park Director;

• 7. Business licenses;
• 8. Banner permits;
• 9. Sewer connection permits;

10. Permits authorizing the use of streets, sidewalks and parking lots for parades, athletic events and public assemblies;

• 11. Permits authorizing the use of streets and sidewalks for sale of food and beverages;
• 12. Food establishment permits;
• 13. Solicitor permits;
• 14. Bicycle licenses;
• 15. Bicycle locker leases;
• 16. Dog licenses;
• 17. House moving permits;
• 18. Card room permits;
• 19. Preferential parking permits and guest passes;
• 20. Parking space leases;
• 21. Oversized load permits;
• 22. Grants of license;
• 23. Other similar permits.

B. Other Statutory Exemptions. Those projects listed in Public Resources Code Sections 21080 et seq. and the State Guidelines Sections 15260 et seq. are incorporated herein as statutory exemptions.

(Ord. 2067)

A. Types of Categorical Exemptions. In addition to those projects set forth as categorically exempt by the State Guidelines, the following city permits, approvals, entitlements, and actions, all of which fall within “classes” of exemptions created by the State Resources Agency, typically have no significant effect on the environment and therefore shall be presumed to be categorically exempt from the provisions of CEQA, excluding those exceptions set forth in Subsection B.

1. Class One: Existing Facilities.

a. Repair or replacement of existing curbs, gutters, sidewalks, street paving, bicycle lanes and similar facilities.

b. Repair or replacement of existing sewer, water, or drainage pipes.

c. Consistency zoning for existing facilities.

2. Class Three: New Construction or Conversion of Small Structures.

a. Water main, sewage, electrical, gas, and other utility extensions of reasonable length to serve such construction.

b. Minor storm drainage projects in urbanized areas and not involving the construction of new storm drain outfall structures or main lines or service to previously unsewered areas.

c. Conversion of existing structures to a use of less intensity in terms of land use compatibility, traffic and parking and public services.

3. Class Four: Minor Alterations to Land.

a. Installation of landscaping.

b. Minor trenching and backfilling where the surface is restored.

c. Creation of bicycle lanes within existing rights-of-way.

d. Encroachment permits, where no disruption of existing uses will occur.

4. Class Five: Minor Alterations in Land Use Limitations.

a. Minor lot line adjustments.

b. Setback variances.

c. Minor amendments to site plans which conform substantially to the approved site plan.

d. Permits authorizing public events conducted in City parks and playgrounds when issued by the Bidwell Park and Playground Commission.

e. Fire permits authorizing fires or flames, or equipment utilizing fires or flames.

f. Minor temporary use permits such as those issued for carnivals and the sale of Christmas trees.

g. Architectural review by staff or the City's Architectural Review Board.

B. Exceptions to Categorical Exemptions. A project that is ordinarily insignificant in its impact on the environment, and identified categorically exempt projects, may under certain circumstances be significant. All exemptions of these classes are inapplicable when the project may have an impact upon environmental resources or when the cumulative impact of successive projects of the same type, in the same place, over time is significant.

(Ord. 2067)

The department shall make available a notice of exemption form consistent with the requirements of the Butte County Clerk and the State Guidelines.

(Ord. 2067, Ord. 2364 §32)

The responsible City Department shall prepare a notice of exemption for all statutorily and categorically exempt projects, except ministerial projects as hereinbefore provided by this chapter, and forward it to the director. Upon receipt of the notice of exemption, the director shall ensure the adequacy of the notice of exemption and file the notice of exemption with the Butte County Clerk, accompanied by applicable filing fees as established by the County Clerk. If a project for which a notice of exemption is prepared also requires clearance or approval by any federal or state agency, a notice of exemption shall also be filed with the State Clearinghouse.

(Ord. 2067, Ord. 2364 §33)