Merced Municipal Code Ch. 19.12 Exemptions

No permit, license or other entitlement of use with regard to a proposed project, with the exception of those matters specified in this chapter, shall be issued or approved, nor shall the city undertake any public project, nor shall the city lease any city property, if the proposed project may have a significant effect on the environment, until an environmental impact report has been made and approved or until it is determined, in the manner set forth in this title, that such environmental impact report is not required.

(Prior code § 2.66).

A. Categorical exemptions, ministerial projects, and those emergency projects described in this section are exempt from the requirements of this title.

B. The city council may, by ordinance or resolution, designate the categorical exemptions to which this section applies. If no such designation is made by the city council, the categorical exemptions shall be those classes of projects determined from time to time by the Secretary for Resources of the state to be exempt pursuant to Public Resources Codes, Section 21084, identified in the Guidelines for Implementation of the California Environmental Quality Act of 1970, as published from time to time in the Administrative Code.

C. The emergency projects exempted by this section are:

1. Projects undertaken, carried out, or approved by a public agency 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 Chapter 7 (commencing with Section 8550) of Division 1, Title 2 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.

(Ord. 1195 § 7, 1977: Ord. 1136 § 3, 1975: prior code § 2.68).

When a project is determined to be exempt pursuant to Section 19.12.020, and the city approves or determines to carry out the project, a notice of exemption may be filed by the city or by the applicant. The notice shall include:

1. A brief description of the project;

2. A finding that the project is exempt, including a citation to the section of the state guidelines under which it is found to be exempt; and

3. A brief statement of reasons to support the finding.

The notice shall be filed with the county clerk. If the notice is filed by the applicant, it shall be accompanied by a certified document issued by the city, stating that the project has been found exempt.

(Ord. 1844 § 7, 1993: Ord. 1136 § 4, 1975: prior code § 2.68.1).

If the city decides to approve a project for which serious adverse environmental consequences have been identified in an EIR, the city shall make a statement identifying the other interests that warrant approval in the opinion of a majority of the members of the city council. This statement of overriding considerations shall be included in the record of the project approval and in the notice of determination.

(Ord. 1195 § 17, 1977: prior code § 2.83).