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HomeMy WebLinkAboutReso 93-114 - Adopting policy establshing a listing of ministerial actions exempt from the CEQA � 1 II 'I RESOLUTION NO. ii A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ADOPTING A POLICY ESTABLISHING A LISTING OF MINISTERIAL ACTIONS F (EMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) . WHEREAS, the City Council of the City of Redding is charged with the responsibility of establishing municipal policies to ii guide the various functions of the City and, where necessary, to establish procedures by which functions are performed; and WHEREAS, regulatory policies established by the City Council 'i I� are usually adopted by Ordinance and included in the Municipal Code. However, other policies are also established, which by their nature do not require adoption by Ordinance; these policy statements, adopted by Resolution of the City Council, need to be consolidated in a reference document for easy access; and WHEREAS, on August 4 , 1987 , by Resolution No. 87-261, City Council adopted a Council Policy Manual to achieve said I) objectives; and WHEREAS, City Council wishes to adopt a policy establishing a listing of ministerial actions exempt from the California Environmental Quality Act (CEQA) ; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of s w the City of Redding as follows: ' I I A. 1. That all of the above recitals are true and correct. 2. That the Policy attached hereto be and hereby is adopted as the Council Policy regarding ministerial actions i� exempt from the California Environmental Quality Act. 3 . That said Policy be incorporated in the Council Policy Ij Manual. y I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 6th day of April 1993, and was i duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Anderson, Arness, Kehoe and Dahl- NOES: ahlNOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Dahl ABSTAIN: COUNCIL MEMBERS: None CHARLIE MOSS, Mayor City of Redding ' AST: i 'I CONNIE STROHMA City Clerk I FO APPROVED- RANDA14 A. HAYS, City Attorney it 2 Amended 09/07/97 by Resolution No. 97-153 Amended 08/03/99 by Resolution No, 99-108 I i" AL • CITY OF REDDING, CALIFORNIA COUNCIL POLICY SUBJECT RESOLUTION POLICY EFFECTIVE NUMBER NUMBER DATE PAGE MINISTERIAL ACTIONS EXEMPT FROM CEQA 1 of 2 i BACKGROUND The California Public Resources Code Section 21080 provides for the exemption of ministerial actions from the requirements of the California Environmental Quality Act (CEQA) on projects proposed to be carried out or approved by public agencies. As defined under Section 15369 of the CEQA Guidelines, "ministerial" describes a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely applies the law to the facts as presented, but uses no special discretion or judgment in reaching a decision. A ministerial i� decision involves only the use of fixed standards or objective measurements; and the public official cannot use personal, subjective judgment in deciding whether or how the project should be carried out. Common examples of ministerial permits include automobile registrations, dog licenses, and marriage licenses. A building permit is ministerial if the ordinance requiring the permit limits the public official to determining whether the zoning allows the structure to be built in the requested location, the structure would meet the strength requirements in the Uniform Building Code, and the applicant has paid his fee. ,I PURPOSE Section 15268(c) of the CEQA Guidelines states that each public agency should, in its implementing regulations or ordinances, provide an identification or itemization of its projects and actions which are deemed ministerial under the applicable laws and ordinances. The purpose of this policy is to establish a listing of actions that the City of Redding considers ministerial and thus not subject to the requirements of CEQA. POLICY I The following is a listing of actions which the City of Redding considers as ministerial. This listing should not be considered as inclusive and is subject to interpretation by the Director of Planning and Community Development, who may also seek the interpretive opinion of the Planning Commission regarding ministerial status of a proposed project: 1. Issuance of building permits and related Building Division permits (e.g., plumbing, electrical, ,j foundation). 2. Issuance of encroachment permits that do not involve potential environmental impacts. 3. Issuance of business licenses. 4. Reversions to acreage or certificates of compliance, when in conformance with the City Zoning Ordinance and the Subdivision Map Act and when no condition other than payment of fees pursuant to the City Code is required. 5. Acceptance of improvements and approval of final subdivision maps. 6. Approval of individual utility service connections and disconnections. 7. Issuance of demolition permits that do not involve structures of historical significance. 8. Issuance of sign permits in compliance with Chapter 18.90 of the Redding Municipal Code, which do not require a Planning permit or do not result in a potentially significant visual impact. 9. Parade or special-event permits. �i li r 'TTY OF REDDING, CALIFORNIA COUNCIL POLICY I� SUBJECT RESOLUTION POLICY EFFECTIVE NUMBER NUMBER DATE PAGE MINISTERIAL ACTIONS EXEMPT FROM CEQA 2 of 2 10. Dog licenses. 11. Certificates of Occupancy. 12. Lot merger applications. 13. Technical corrections to recorded maps. 14. Issuance of Fire Department permits necessary for the safeguarding of life and property. 15. Bicycle licenses. 16. Park use and park festival permits by the Department of Recreation and Parks. 17. Aboveground flammable-liquid storage tanks as provided for under Section 9.20.040 of the Redding Municipal Code. 18. Lease agreements that do not involve potential environmental impacts. 19. Establishment of Landscape Maintenance Districts. 20. Contract awards for Public Works projects that do not involve potential environmental impacts. 21. Agreements for services granted by the City Council which do not involve potential environmental impacts. 22. Vacation of easements that do not involve potential environmental impacts. 23. Abatement proceedings. i I i 'I PROJ\POUCY\MINSTERL.POL ,I