§ 33-922. Exemption procedures. — Escondido Zoning Code

The following sections implement Section 15300.4 of the CEQA Guidelines which requires the city to list those specific activities which fall within each of the following exempt classes:

(a) Ministerial projects. Pursuant to Section 15369 of the CEQA Guidelines, "ministerial projects" are those that involve little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. They involve the use of fixed standards or objective measurements. Projects in the city specifically deemed to be ministerial include all post-approval submittals in substantial conformance with the approval. Postapproval submittals include certified tentative subdivision maps, final maps, grading, landscape and improvement plans, CC&Rs, and building plans. Other ministerial projects include final inspections, issuance of licenses, utility service connections and disconnections, city-ordered brush clearance of nonsensitive areas in accordance with City of Escondido procedures, and other similar actions for which no discretion exists that could create or avoid environmental impacts.
(b) Categorical exemptions. Pursuant to Section 15300 of the CEQA Guidelines, Categorical Exemptions are classes of projects determined not to have a significant effect on the environment and are therefore exempt. No clarifications or additions are necessary to Sections 15300 to 15333 other than to specify that administrative adjustments, within prescribed parameters, fall within Class 5, Section 15305 of the Guidelines.
(c) "General rule" exemptions. Section 15061(b)(3) of the CEQA Guidelines provides that: "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." The following are specific actions considered not to have a significant effect pursuant to this provision:
- (1) Minor zone or municipal code amendments that do not involve physical modifications, or lead to physical improvements beyond those typically exempt, or

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City of Escondido, CA

ESCONDIDO CODE

§ 33-922

§ 33-924

which refine or clarify existing land use standards;

(2) Projects that are not specifically listed as categorical or statutory exemptions but exhibit characteristics similar to one or more specific exemptions.
(d) Determination procedures. Initial determinations as to whether a statutory, categorical or general rule exemption is warranted are made by the staff planner before an application is deemed complete. Prior to project approval, the director or designee shall prepare a notice of exemption form, which shall be placed in the appropriate case file and be available for public review. Prior to any final action, the notice of exemption shall be reviewed and certified by the appropriate decision makers as part of the approval action. Written findings supporting the determination on the environmental status and shall be considered prior to approval of the project and be included on the notice of exemption.

be placed in the appropriate case file and be available for public review. Prior to any final action, the notice of exemption shall be reviewed and certified by the appropriate decision makers as part of the approval action. Written findings supporting the determination on the environmental status and shall be considered prior to approval of the project and be included on the notice of exemption.

(e) Exceptions. Even though a project may otherwise be eligible for an exemption, no exemption shall apply for grading and clearing activities, parcel maps, plot plans and all discretionary development projects otherwise exempt that would have a potential for significant effect on all or a portion of the site involving:
- (1) Plant or animal species, which disturb, fragment or remove such areas defined by either the California Endangered Species Act (Fish and Game Code Section 2050 et seq.), or the Federal Endangered Species Act (16 U.S.C. Section 15131 et seq.) as sensitive, rare, candidate, species of special concern, endangered, or threatened biological species or their habitat (specifically including coastal sage scrub habitat for the California Gnatcatcher);
- (2) Archaeological or cultural resources from either historic or prehistoric periods;
- (3) Stream courses designated on U.S. Geological Survey maps;

(4) Hazardous materials, unstable soils or other factors requiring special review. (Ord. No. 95-2, § 1, 2-15-95; Ord. No. 2013-12, § 4, 12-11-13)