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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 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)
If a project for which the City is the lead agency has not been identified as exempt from the provisions of CEQA, pursuant to Articles II and III of these provisions, an initial study shall be conducted to determine if the project may have a significant effect on the environment.
Projects for which the City is a responsible agency shall be processed pursuant to the provisions of Article VIII.
(Ord. 2067)
A. Environmental Questionnaire. The applicant shall provide a completed environmental questionnaire in the form and containing the information determined by the director. The director may require an applicant to also submit additional information, including technical reports prepared by qualified consultants to aid in the preparation of adequate environmental documents.
B. Determination of Environmental Baseline. The environmental baseline for a project is the description of all of the physical environmental conditions in the vicinity of a project.
1. For purposes of CEQA, the environmental baseline of a project shall be determined pursuant to State Guidelines Section 15125 prior to preparation of an EIR or negative declaration.
2. For purposes of this chapter, the director may also include within a project’s environmental baseline any significant effects on the environment on the project site resulting from past activities or uses on the project site, or in the vicinity of the project site, that were commenced or maintained in violation of (1) any law or regulation prohibiting or restricting such activities or uses, or (2) any condition of approval or mitigation measure for any subdivision, permit or other entitlement previously approved or issued for the project site. As to any significant effect from actual or alleged prior unlawful activity, the director shall consider whether including the effect in the baseline will (1) interfere or conflict with or unfairly amplify any pending enforcement action by any state or federal agency with jurisdiction over that activity, or (2) complement any pending enforcement action by the city as to that activity. As to any significant effect from a violation of a condition or mitigation measure of a prior approval for a project or use on the project site, or on adjacent property owned by the project applicant at the time of the violation, the director shall consider whether the applicant’s project, as proposed, will mitigate, exacerbate or have no impact on that significant effect.
C. Initial Study Checklist. Based on the environmental questionnaire and other information available or required of the applicant, an initial study checklist shall be prepared on a form and contain the information determined by the director and the State Guidelines. The initial study checklist and supporting information, together with the environmental questionnaire, shall comprise the initial study.
D. Mitigation Measures. The initial study shall identify feasible mitigation measures, including but not limited to changes in a project, that would enable significant impacts, as identified in the initial study and measured against the environmental baseline, to be avoided or substantially reduced. Whenever feasible, mitigation measures shall be tangible, specific actions that will avoid or substantially lessen significant environmental impacts and shall specify the mitigation objective, specific changes to be made in the project and mitigation actions to be taken, the entity responsible for implementation, and an implementation schedule.
(Ord. 2067, Ord. 2312 §13, Ord. 2364 §34)
A. City Staff and Trustee Agencies. Upon the determination that an initial study will be required, the department may consult informally with City departments and trustee agencies having purview in areas affected by the project to obtain their recommendations on the scope of significant environmental impact issues, mitigation measures and whether an EIR, negative declaration, or mitigated negative declaration should be prepared.
B. Interested Parties. The department may also consult with interested parties, neighborhood or environmental groups or others who may have knowledge or special expertise with respect to the project or possible significant effects.
(Ord. 2067, Ord. 2364 §35)
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