Reasons for Exemption
In accordance with the California Environmental Quality Act (CEQA), it has been determined that the expedited purchasing resolution and the activities authorized thereunder are exempt pursuant to Public Resources Code section 21080(b)(4) and CEQA Guidelines Section 15269(c) as specific actions necessary to prevent or mitigate an emergency. (See also CalBeach Advocates v. City of Solana Beach (2002) 103 Cal.App.4th 529.)
In addition, the proposed work is Statutorily Exempt from CEQA review pursuant to section 15269 Emergency Projects. Section 15269(a) states that Projects 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 the California Emergency Services Act, commencing with Section 8550 of the Government Code. This includes projects that will remove, destroy, or significantly alter an historical resource when that resource represents an imminent threat to the public of bodily harm or of damage to adjacent property or when the project has received a determination by the State Office of Historic Preservation pursuant to Section 5028(b) of Public Resources Code. A State of Emergency was declared on March 1st and 8th, 2023 in response to severe winter storms to thirty-four counties. The proposed work meets the requirements of this exemption; therefore, no further CEQA review is required.