Reasons for Exemption
The subject resolution would be exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15268. This section refers to "Ministerial Projects" which states that ministerial projects are exempt from the requirements of CEQA. The determination of what is "ministerial" can most appropriately be made by the particular public agency involved based upon its analysis of its own laws, and each public agency should make such determination either as a part of its implementing regulations or on a case-by-case basis. Additionally, pursuant to Public Resources Code Section 21080(b)(1), CEQA would not apply to ministerial projects to be carried out or approved by public agencies. Pursuant to these sections, the proposed Urban Lot Split fee pursuant to Senate Bill No. 9 (SB 9) would fit within the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. In that the proposed Urban Lot Split fee would establish a cost for ministerial tentative parcel maps associated with Urban Lot Splits. The proposed Urban Lot Split fee will not have a significant effect on the environment; and, therefore the activity is not subject to CEQA.