Oxnard Zoning Code and Downtown Code Updates CEQA Exemption Memorandum for 2021-2029 Housing Element Zoning Code and Downtown Code Amendments

2024030798

City of Oxnard

NOE - Notice of Exemption

3/21/2024

3/21/2024

Joe Pearson II

City of Oxnard

Planning and Environmental Services Manager

Lead/Public Agency / Project Applicant

214 South C Street
Oxnard, CA 93030

(805) 385-8272

joe.pearson@oxnard.org

City Wide

Statutory Exemption

CEQA Sections 15060(c)(2) and 15061(b)(3) and of Title 14, Article 18, 15620 of the California Code of Regulations

Categorical Exemption Pursuant to CEQA Guidelines Section 15354, “Categorical Exemption” means an exemption from CEQA for a class of projects based on a finding by the Secretary for Resources that the class of projects does not have a significant effect on the environment. CEQA Guidelines Sections 15300.2(a) through (f) list specific exceptions for which a CE may not be used. These exceptions are as follows: a. Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. There are no environmental resources of hazardous or critical concern that are designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies on the potential project sites (that were not previously identified and mitigated in the adopted IS/MND - No. 2021-01, such as critical habitat for listed threatened or endangered species (United States Fish and Wildlife 2023a) or hazardous materials release sites. As such, the Zoning Code and Downtown Code updates do not trigger these exemption exceptions. b. Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. Construction activities associated with implementation of the Zoning Code and Downtown Code update could have environmental effects in the long-term. The proposed project is a list of amendments to the existing Oxnard Zoning Code and Downtown Code to reconcile the adopted 2021 Housing Element, the amendments are related to reconciling City policy and as such does not propose specific development projects. Implementation of the Housing Element was analyzed in the adopted IS/MND - No. 2021-01, future projects would be required to adhere to the mitigation measures to avoid or lessen any potentially significant environmental impacts. Future development facilitated by the 2021 – 2029 Housing Element programs would be subject to discretionary review and permitting and potentially additional environmental review. Because the Zoning Code and Downtown Code only reconciles text with the adopted 2021 Housing Element, no new additional development projects are proposed beyond those contemplated in the Hosing Element IS-MND. Therefore, implementation of the Oxnard Zoning Code and Downtown Code updates, would not contribute to significant cumulative impacts and would not trigger these exemption exceptions. c. Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The proposed project is consistent with the Housing Element Update uses and no unusual circumstances are present or proposed. Due to the absence of unusual circumstances related to the project or on the project site, the project would not have a reasonable possibility for a significant effect on the environment due to unusual circumstances and this exception does not apply. d. Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. According to the California Department of Transportation (2023), there are no state designated scenic highway sections within or near the City of Oxnard. The nearest designated scenic highway is Route 33 located near Ojai, approximately 18 miles north of the project site. The nearest eligible scenic highways are the Pacific Coast Highway between Los Angeles to Ventura along Highway 1 and U.S. Highway 101 between Los Angeles to San Luis Obispo. the Zoning Code and Downtown Code updates do not trigger these exemption exceptions. e. Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. The project is a Zoning Code and Downtown Code Updates to the 2021-2029 Housing Element, which is a policy document and as such does not propose specific development projects, but facilitates density needed to accommodate the 6th cycle RHNA. Because specific projects are not known at this time, the City cannot assess the specific impacts of development in qualitative terms. All housing development proposals on the AHD Rezone Sites would be subject to the policies listed in the 2030 General Plan Safety and Hazards chapter, the standard conditions of approval, and project-specific environmental review. Furthermore, proposals are subject to development standards and conditions of approval as part of the permitting process, including environmental review. The Zoning Code and Downtown Code updates do not trigger these exemption exceptions f. Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The 2030 General Plan Environmental Resources chapter includes a goal and the following policies to protect cultural resources, including requiring avoidance where feasible. The project is consistent with the Housing Element Update uses and no historical resource is present or proposed. Due to the absence of historical resources related to the project or on the project site, the project would not have a reasonable possibility for a significant effect on the environment due to historical resources and this exception does not apply. Common Sense Applicability Pursuant to CEQA Guidelines Section 15061(b)(3), also known as the “general rule” or “common sense” exemption, CEQA exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment. The CEQA Guidelines state in that section that “A project is exempt from CEQA if... [T]he activity is covered by common sense that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” Whether a particular activity qualifies for the common sense exemption is a question of fact that is supported by substantial evidence submitted in connection with the project. (CREED-21 v. City of San Diego (2015) 234 Cal.App.4th 488, 510). The analysis must identify reasonably foreseeable physical changes and consider any environmental impacts that may result from those changes. (Wal–Mart Stores, Inc. v. City of Turlock (2006) 138 Cal.App.4th 273, 291; Muzzy Ranch Co. v. Solano County Airport Land Use Com. (2007) 41 Cal.4th 372, 386). The Oxnard Zoning Code and Downtown Updates reconcile the language of the zoning codes with the 2021-2029 Housing Element language already adopted in 2021. It is a policy document and does not propose or approve any physical development. The proposed amendments to the Oxnard zoning code in Chapter 16 and the Downtown Code implement state law and add no new residential sites, no additional units, and no increase in density for housing beyond those analyzed in the adopted City of Oxnard Housing Element IS/MND - No. 2021-01 and are not anticipated to result in any new changes to the physical environment. The proposed project would not result in changes to the physical environment, nor would it result in potential environmental impacts beyond those addressed in IS/MND - No. 2021-01. Furthermore, to ensure adequate factual support for the common sense exemption, an Initial Study (IS) has been completed analyzing each area of potential impact. The IS determined that there would be no environmental impacts that would result from approval of the proposed project. Statutory Exemption Applicability Title 14, Article 18 of the CEQA Guidelines describes exemptions from CEQA granted by the Legislature, which are referred to as Statutory Exemptions. Pursuant to CEQA Guidelines Section 15260, Program 6 of the Zoning Code and Downtown Code Amendments of this project is exempt from CEQA by the Accessory Dwelling Units Law.