Reasons for Exemption
The Project falls under the statutory exemption, per Section 15268(a) of the California Environmental Quality Act (CEQA) and CEQA Guidelines, that states: Ministerial projects are exempt from the requirements of CEQA. The determination for 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 part of its implementing regulations or on a case-by-case basis.
Per Section 15369 of the CEQA Guidelines, a building permit is considered 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. In the absence of any discretionary provision contain in the local ordinance or other law, the issuance of building permit is also presumed to be a ministerial action under Section 15268(b)(1) of the CEQA Guidelines.