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Title
14. Chapter 3. Guidelines for Implementation
of the Article 19. Categorical
Exemptions Sections 15300 to 15333 15300. Categorical Exemptions Section 21084 of the Public
Resources Code requires these Guidelines to include a list of classes of
projects which have been determined not to have a significant effect on the
environment and which shall, therefore, be exempt from the provisions of CEQA. In response to that mandate,
the Secretary for Resources has found that the following classes of projects
listed in this article do not have a significant effect on the environment, and
they are declared to be categorically exempt from the requirement for the
preparation of environmental documents. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15300.1. Relation to Ministerial Projects Section 21080 of the Public
Resources Code exempts from the application of CEQA those projects over which
public agencies exercise only ministerial authority. Since ministerial projects
are already exempt, categorical exemptions should be applied only where a
project is not ministerial under a public agency's statutes and ordinances. The
inclusion of activities which may be ministerial within the classes and
examples contained in this article shall not be construed as a finding by the
Secretary for Resources that such an activity is discretionary. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15300.2. Exceptions (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 all instances, except where
the project may impact on an environmental resource of hazardous or critical
concern where designated, precisely mapped, and officially adopted pursuant to
law by federal, state, or local agencies. (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. (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. (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 (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. (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. Note: Authority
cited: Section 21083, Public Resources Code; References: Sections 21084 and
21084.1, Public Resources Code; Wildlife
Alive v. Chickering (1977) 18 Cal.3d 190; League for Protection of Oakland's Architectural and Historic Resources
v. City of Oakland (1997) 52 Cal.App.4th 896; Citizens for Responsible Development in West Hollywood v. City of West
Hollywood (1995) 39 Cal.App.4th 925; City
of Pasadena v. State of California (1993) 14 Cal.App.4th 810; Association for the Protection etc. Values
v. City of Discussion: In
McQueen v. Mid-Peninsula Regional Open
Space (1988) 202 Cal. App. 3d 1136, the court reiterated that categorical
exemptions are construed strictly, shall not be unreasonably expanded beyond
their terms, and may not be used where there is substantial evidence that there
are unusual circumstances (including future activities) resulting in (or which
might reasonably result in) significant impacts which threaten the environment. Public Resources Code Section
21084 provides several additional exceptions to the use of categorical
exemptions. Pursuant to that statute, none of the following may qualify as a
categorical exemption: (1) 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 scenic highway (this does not apply
to improvements which are required as mitigation for a project for which a
negative declaration or 15300.3. Revisions to List of Categorical Exemptions A public agency may, at any
time, request that a new class of categorical exemptions be added, or an existing
one amended or deleted. This request must be made in writing to the Office of
Planning and Research and shall contain detailed information to support the
request. The granting of such request shall be by amendment to these
Guidelines. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15300.4. Application By Public Agencies Each public agency shall, in
the course of establishing its own procedures, list those specific activities
which fall within each of the exempt classes, subject to the qualification that
these lists must be consistent with both the letter and the intent expressed in
the classes. Public agencies may omit from their implementing procedures
classes and examples that do not apply to their activities, but they may not
require EIRs for projects described in the classes and examples in this article
except under the provisions of Section 15300.2. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15301. Existing Facilities Class 1 consists of the
operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of
use beyond that existing at the time of the lead agency's determination. The
types of "existing facilities" itemized below are not intended to be
all-inclusive of the types of projects which might fall within Class 1. The key
consideration is whether the project involves negligible or no expansion of an
existing use. Examples include but are not
limited to: (a) Interior or exterior
alterations involving such things as interior partitions, plumbing, and
electrical conveyances; (b) Existing facilities of
both investor and publicly-owned utilities used to provide electric power,
natural gas, sewerage, or other public utility services; (c) Existing highways and
streets, sidewalks, gutters, bicycle and pedestrian trails, and similar
facilities (this includes road grading for the purpose of public safety). (d) Restoration or
rehabilitation of deteriorated or damaged structures, facilities, or mechanical
equipment to meet current standards of public health and safety, unless it is
determined that the damage was substantial and resulted from an environmental
hazard such as earthquake, landslide, or flood; (e) Additions to existing
structures provided that the addition will not result in an increase of more
than: (1) 50 percent of the floor
area of the structures before the addition, or 2,500 square feet, whichever is
less; or (2) 10,000 square feet if: (A) The project is in an area
where all public services and facilities are available to allow for maximum
development permissible in the General Plan and (B) The area in which the
project is located is not environmentally sensitive. (f) Addition of safety or
health protection devices for use during construction of or in conjunction with
existing structures, facilities, or mechanical equipment, or topographical
features including navigational devices; (g) New copy on existing on
and off-premise signs; (h) Maintenance of existing
landscaping, native growth, and water supply reservoirs (excluding the use of
pesticides , as defined in Section 12753, Division 7, Chapter 2, Food and
Agricultural Code); (i) Maintenance of fish
screens, fish ladders, wildlife habitat areas, artificial wildlife waterway
devices, streamflows, springs and waterholes, and stream channels (clearing of
debris) to protect fish and wildlife resources; (j) Fish stocking by the
California Department of Fish and Game; (k) Division of existing
multiple family or single-family residences into common-interest ownership and
subdivision of existing commercial or industrial buildings, where no physical
changes occur which are not otherwise exempt; (l) Demolition and removal of
individual small structures listed in this subdivision; (1) One single-family
residence. In urbanized areas, up to three single-family residences may be
demolished under this exemption. (2) A duplex or similar
multifamily residential structure. In urbanized areas, this exemption applies
to duplexes and similar structures where not more than six dwelling units will
be demolished. (3) A store, motel, office,
restaurant, or similar small commercial structure if designed for an occupant
load of 30 persons or less. In urbanized areas, the exemption also applies to
the demolition of up to three such commercial buildings on sites zoned for such
use. (4) Accessory (appurtenant)
structures including garages, carports, patios, swimming pools, and fences. (m) Minor repairs and
alterations to existing dams and appurtenant structures under the supervision
of the Department of Water Resources. (n) Conversion of a single
family residence to office use. (o) Installation, in an
existing facility occupied by a medical waste generator, of a steam
sterilization unit for the treatment of medical waste generated by that
facility provided that the unit is installed and operated in accordance with
the Medical Waste Management Act (Section 117600, et seq., of the Health and
Safety Code) and accepts no offsite waste. (p) Use of a single-family
residence as a small family day care home, as defined in Section 1596.78 of the
Health and Safety Code. Note: Authority
cited: Section 21083, Public Resources Code; References: Sections 21084, Public
Resources Code; Bloom v. McGurk
(1994) 26 Cal.App.4th 1307. Discussion: This
section describes the class of projects wherein the proposed activity will
involve negligible or no expansion of the use existing at the time the
exemption is granted. Application of this exemption, as all categorical
exemptions, is limited by the factors described in section 15300.2.
Accordingly, a project with significant cumulative impacts or which otherwise
has a reasonable possibility of resulting in a significant effect does not
quality for a Class 1 exemption. 15302. Replacement or Reconstruction Class 2 consists of
replacement or reconstruction of existing structures and facilities where the
new structure will be located on the same site as the structure replaced and
will have substantially the same purpose and capacity as the structure replaced,
including but not limited to: (a) Replacement or
reconstruction of existing schools and hospitals to provide earthquake
resistant structures which do not increase capacity more than 50 percent. (b) Replacement of a
commercial structure with a new structure of substantially the same size,
purpose, and capacity. (c) Replacement or
reconstruction of existing utility systems and/or facilities involving
negligible or no expansion of capacity. (d) Conversion of overhead
electric utility distribution system facilities to underground including
connection to existing overhead electric utility distribution lines where the
surface is restored to the condition existing prior to the undergrounding. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15303. New Construction or Conversion of Small
Structures Class 3 consists of
construction and location of limited numbers of new, small facilities or
structures; installation of small new equipment and facilities in small
structures; and the conversion of existing small structures from one use to
another where only minor modifications are made in the exterior of the
structure. The numbers of structures described in this section are the maximum
allowable on any legal parcel. Examples of this exemption include, but are not
limited to: (a) One single-family
residence, or a second dwelling unit in a residential zone. In urbanized areas,
up to three single-family residences may be constructed or converted under this
exemption. (b) A duplex or similar
multi-family residential structure, totaling no more than four dwelling
units. In urbanized areas, this
exemption applies to apartments, duplexes and similar structures designed for
not more than six dwelling units. (c) A store, motel, office,
restaurant or similar structure not involving the use of significant amounts of
hazardous substances, and not exceeding 2500 square feet in floor area. In
urbanized areas, the exemption also applies to up to four such commercial
buildings not exceeding 10,000 square feet in floor area on sites zoned for
such use if not involving the use of significant amounts of hazardous
substances where all necessary public services and facilities are available and
the surrounding area is not environmentally sensitive. (d) Water main, sewage,
electrical, gas, and other utility extensions, including street improvements,
of reasonable length to serve such construction. (e) Accessory (appurtenant)
structures including garages, carports, patios, swimming pools, and fences. (f) An accessory steam
sterilization unit for the treatment of medical waste at a facility occupied by
a medical waste generator, provided that the unit is installed and operated in
accordance with the Medical Waste Management Act (Section 117600, et seq., of
the Health and Safety Code) and accepts no offsite waste. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Sections 21084 and
21084.2, Public Resources Code. Discussion:
This section describes the class of small projects involving new construction
or conversion of existing small structures. The 1998 revisions to the section
clarify the types of projects to which it applies. In order to simplify and
standardize application of this section to commercial structures, the reference
to ìoccupant load of 30 persons or lessî contained in the prior guideline was
replaced by a limit on square footage. Subsection (c) further limits the use of
this exemption to those commercial projects which have available all necessary
public services and facilities, and which are not located in an environmentally
sensitive area. 15304. Minor Alterations to Land Class 4 consists of minor
public or private alterations in the condition of land, water, and/or vegetation
which do not involve removal of healthy, mature, scenic trees except for
forestry or agricultural purposes. Examples include, but are not limited to: (a) Grading on land with a
slope of less than 10 percent, except that grading shall not be exempt in a
waterway, in any wetland, in an officially designated (by federal, state, or
local government action) scenic area, or in officially mapped areas of severe
geologic hazard such as an Alquist-Priolo Earthquake Fault Zone or within an
official Seismic Hazard Zone, as delineated by the State Geologist. (b) New gardening or
landscaping, including the replacement of existing conventional landscaping
with water efficient or fire resistant landscaping. (c) Filling of earth into
previously excavated land with material compatible with the natural features of
the site; (d) Minor alterations in
land, water, and vegetation on existing officially designated wildlife
management areas or fish production facilities which result in improvement of
habitat for fish and wildlife resources or greater fish production; (e) Minor temporary use of
land having negligible or no permanent effects on the environment, including
carnivals, sales of Christmas trees, etc; (f) Minor trenching and
backfilling where the surface is restored; (g) Maintenance dredging
where the spoil is deposited in a spoil area authorized by all applicable state
and federal regulatory agencies; (h) The creation of bicycle
lanes on existing rights-of-way. (i) Fuel management
activities within 30 feet of structures to reduce the volume of flammable
vegetation, provided that the activities will not result in the taking of
endangered, rare, or threatened plant or animal species or significant erosion
and sedimentation of surface waters. This exemption shall apply to fuel
management activities within 100 feet of a structure if the public agency
having fire protection responsibility for the area has determined that 100 feet
of fuel clearance is required due to extra hazardous fire conditions. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. Discussion:
This section describes the class of projects involving minor alterations to the
land. The 1998 revision to the section specified that this exemption applies to
fuel management activities which will not impact threatened or endangered
species or result in significant erosion or sedimentation. 15305. Minor Alterations in Land Use Limitations Class 5 consists of minor
alterations in land use limitations in areas with an average slope of less than
20%, which do not result in any changes in land use or density, including but
not limited to: (a) Minor lot line
adjustments, side yard, and set back variances not resulting in the creation of
any new parcel; (b) Issuance of minor
encroachment permits; (c) Reversion to acreage in
accordance with the Subdivision Map Act. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15306. Information Collection Class 6 consists of basic
data collection, research, experimental management, and resource evaluation
activities which do not result in a serious or major disturbance to an
environmental resource. These may be strictly for information gathering
purposes, or as part of a study leading to an action which a public agency has
not yet approved, adopted, or funded. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15307. Actions by Regulatory Agencies for Protection
of Natural Resources Class 7 consists of actions
taken by regulatory agencies as authorized by state law or local ordinance to
assure the maintenance, restoration, or enhancement of a natural resource where
the regulatory process involves procedures for protection of the environment.
Examples include but are not limited to wildlife preservation activities of the
State Department of Fish and Game. Construction activities are not included in
this exemption. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15308. Actions by Regulatory Agencies for Protection
of the Environment Class 8 consists of actions
taken by regulatory agencies, as authorized by state or local ordinance, to
assure the maintenance, restoration, enhancement, or protection of the
environment where the regulatory process involves procedures for protection of
the environment. Construction activities and relaxation of standards allowing environ-
mental degradation are not included in this exemption. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code; International
Longshoremen's and Warehousemen's Union v. Board of Supervisors, (1981) 116
Discussion: This
section reflects the ruling in International
Longshoremen's and Warehousemen's Union v. Board of Supervisors, (1981) 116
15309. Inspections Class 9 consists of
activities limited entirely to inspections, to check for performance of an
operation, or quality, health, or safety of a project, including related
activities such as inspection for possible mislabeling, misrepresentation, or
adulteration of products. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15310. Loans Class 10 consists of loans
made by the Department of Veterans Affairs under the Veterans Farm and Home
Purchase Act of 1943, mortgages for the purchase of existing structures where
the loan will not be used for new construction and the purchase of such
mortgages by financial institutions. Class 10 includes but is not limited to
the following examples: (a) Loans made by the
Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of
1943. (b) Purchases of mortgages
from banks and mortgage companies by the Public Employees Retirement System and
by the State Teachers Retirement System. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15311. Accessory Structures Class 11 consists of
construction, or placement of minor structures accessory to (appurtenant to)
existing commercial, industrial, or institutional facilities, including but not
limited to: (a) On-premise signs; {b) Small parking lots; (c) Placement of seasonal or
temporary use items such as lifeguard towers, mobile food units, portable
restrooms, or similar items in generally the same locations from time to time
in publicly owned parks, stadiums, or other facilities designed for public use. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15312. Surplus Government Property Sales Class 12 consists of sales of
surplus government property except for parcels of land located in an area of
statewide, regional, or areawide concern identified in Section 15206(b)(4).
However, even if the surplus property to be sold is located in any of those
areas, its sale is exempt if: (a) The property does not
have significant values for wildlife habitat or other environmental purposes,
and (b) Any of the following
conditions exist: (1) The property is of such
size, shape, or inaccessibility that it is incapable of independent development
or use; or (2) The property to be sold
would qualify for an exemption under any other class of categorical exemption
in these Guidelines; or (3) The use of the property
and adjacent property has not changed since the time of purchase by the public
agency. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. Discussion: In
McQueen v. Midpeninsula Regional Open
Space District (1988) 202 Cal. App. 3d 1136, the court stated that the
terms 'sale' and 'acquisition' are not interchangeable and reaffirmed that
exemptions must comply with the "specific terms" of the exemption
which are to be narrowly construed. 15313. Acquisition of Lands for Wildlife
Conservation Purposes Class 13 consists of the
acquisition of lands for fish and wildlife conservation purposes including (a)
preservation of fish and wildlife habitat, (b) establishing ecological reserves
under Fish and Game Code Section 1580, and (c) preserving access to public
lands and waters where the purpose of the acquisition is to preserve the land
in its natural condition. Authority cited: Section
21083, Public Resources Code; Reference: Section 21084, Public Resources Code. 15314. Minor Additions to Schools Class 14 consists of minor
additions to existing schools within existing school grounds where the addition
does not increase original student capacity by more than 25% or ten classrooms,
whichever is less. The addition of portable classrooms is included in this
exemption. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15315. Class 15 consists of the
division of property in urbanized areas zoned for residential, commercial, or
industrial use into four or fewer parcels when the division is in conformance
with the General Plan and zoning, no variances or exceptions are required, all
services and access to the proposed parcels to local standards are available,
the parcel was not involved in a division of a larger parcel within the
previous 2 years, and the parcel does not have an average slope greater than 20
percent. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15316. Transfer of Ownership of Land in Order to
Create Parks Class 16 consists of the
acquisition, sale, or other transfer of land in order to establish a park where
the land is in a natural condition or contains historical or archaeological
resources and either: (a) The management plan for
the park has not been prepared, or (b) The management plan
proposes to keep the area in a natural condition or preserve the historic or
archaeological resources. CEQA will apply when a management plan is proposed
that will change the area from its natural condition or cause substantial adverse
change in the significance of the historic or archaeological resource. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Sections 21084,
21083.2, and 21084.1, Public Resources Code. Discussion: In
McQueen v. Midpeninsula Regional Open
Space District (1988) 202 15317. Open Space Contracts or Easements Class 17 consists of the
establishment of agricultural preserves, the making and renewing of open space
contracts under the Williamson Act, or the acceptance of easements or fee
interests in order to maintain the open space character of the area. The
cancellation of such preserves, contracts, interests, or easements is not
included and will normally be an action subject to the CEQA process. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15318. Designation of Wilderness Areas Class 18 consists of the
designation of wilderness areas under the California Wilderness System. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15319. Annexations of Existing Facilities and Lots
for Exempt Facilities Class 19 consists of only the
following annexations: (a) Annexations to a city or
special district of areas containing existing public or private structures
developed to the density allowed by the current zoning or pre-zoning of either
the gaining or losing governmental agency whichever is more restrictive,
provided, however, that the extension of utility services to the existing
facilities would have a capacity to serve only the existing facilities. (b) Annexations of individual
small parcels of the minimum size for facilities exempted by Section 15303, New
Construction or Conversion of Small Structures. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. Discussion: The
exemption under subsection (a) is not allowed if it is foreseeable that utility
services would extend into the annexed parcels and have the potential to serve
a greater capacity than existing uses. The exemption is also unavailable if
"unusual circumstances" under Section 15300.2(c) are found. For
example, in City of Santa Clara v. LAFCO
of Santa Clara County, (1983) 139 Cal. App. 3d 923, the court found that
unusual circumstances existed when the annexing city's general plan called for
the newly annexed parcels to eventually become residential and industrial
rather than the prezoned agricultural use. The unusual circumstances arose from
the inconsistency between the prezoned agricultural use and the general plan's
designated land use and thus precluded the use of this categorical exemption. 15320. Changes in Organization of Local Agencies Class 20 consists of changes
in the organization or reorganization of local governmental agencies where the
changes do not change the geographical area in which previously existing powers
are exercised. Examples include but are not limited to: (a) Establishment of a
subsidiary district; (b) Consolidation of two or
more districts having identical powers; (c) Merger with a city of a
district lying entirely within the boundaries of the city. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15321. Enforcement Actions by Regulatory Agencies Class 21 consists of: (a) Actions by regulatory
agencies to enforce or revoke a lease, permit, license, certificate, or other
entitlement for use issued, adopted, or prescribed by the regulatory agency or
enforcement of a law, general rule, standard, or objective, administered or
adopted by the regulatory agency. Such actions include, but are not limited to,
the following: (1) The direct referral of a
violation of lease, permit, license, certificate, or entitlement for use or of a
general rule, standard, or objective to the Attorney General, District
Attorney, or City Attorney as appropriate, for judicial enforcement; (2) The adoption of an
administrative decision or order enforcing or revoking the lease, permit,
license, certificate, or entitlement for use or enforcing the general rule,
standard, or objective. (b) Law enforcement
activities by peace officers acting under any law that provides a criminal
sanction; (c) Construction activities
undertaken by the public agency taking the enforcement or revocation action are
not included in this exemption. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. Discussion: The
exemption for law enforcement activities by peace officers acting under any law
that provides a criminal sanction is based largely on the rationale explained
by the court in Pacific Water
Conditioning Association v. City Council, (1977) 73 Cal. App. 3d 546. There
the court noted that enforcement actions are taken long after the public
agency, or possibly the State Legislature, has exercised its discretion to set
standards governing a certain kind of activity. 15322. Educational or Training Programs Involving No
Physical Changes Class 22 consists of the
adoption, alteration, or termination of educational or training programs which
involve no physical alteration in the area affected or which involve physical
changes only in the interior of existing school or training structures.
Examples include but are not limited to: (a) Development of or changes
in curriculum or training methods. (b) Changes in the grade
structure in a school which do not result in changes in student transportation. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15323. Normal Operations of Facilities for Public
Gatherings Class 23 consists of the
normal operations of existing facilities for public gatherings for which the
facilities were designed, where there is a past history of the facility being
used for the same or similar kind of purpose. For the purposes of this section,
"past history" shall mean that the same or similar kind of activity
has been occurring for at least three years and that there is a reasonable
expectation that the future occurrence of the activity would not represent a
change in the operation of the facility. Facilities included within this
exemption include, but are not limited to, racetracks, stadiums, convention
centers, auditoriums, amphitheaters, planetariums, swimming pools, and
amusement parks. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. Discussion: This
section clarifies what is meant by the term "a past history of the
facility being used for the same kind of purpose." The section relates the
concept of past history to public expectations for use of the facility in the
future. Where the facility has been used for a particular purpose for several
years and people expect the use to continue in the future, continuation of that
use would not represent a change in the environmental conditions. For example,
if a county fair had included a stock car racing meet for each of three
consecutive years, people living in the area would have come to expect that the
county fair would involve stock car racing in the future. Continuing racing
activity would not represent a substantial change in the environment from what
people had come to expect. However, in Lewis
v. 17th District Agricultural Ass'n (1985) 165 15324. Regulations of Working Conditions Class 24 consists of actions
taken by regulatory agencies, including the Industrial Welfare Commission as
authorized by statute, to regulate any of the following: (a) Employee wages, (b) Hours of work, or (c) Working conditions where
there will be no demonstrable physical changes outside the place of work. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15325. Transfers of Ownership of Interest In Land to
Preserve Existing Natural Conditions and Historical Resources Class 25 consists of the
transfers of ownership of interests in land in order to preserve open space,
habitat, or historical resources.
Examples include but are not limited to: (a) Acquisition, sale, or
other transfer of areas to preserve the existing natural conditions, including
plant or animal habitats. (b) Acquisition, sale, or
other transfer of areas to allow continued agricultural use of the areas. (c) Acquisition, sale, or
other transfer to allow restoration of natural conditions, including plant or
animal habitats. (d) Acquisition, sale, or
other transfer to prevent encroachment of development into flood plains. (e) Acquisition, sale, or
other transfer to preserve historical resources. (f) Acquisition, sale, or other transfer to preserve
open space or lands for park purposes. Authority cited: Section 21083, Public Resources Code.
Reference: Section 21084, Public Resources Code. 15326. Acquisition of Housing for Housing Assistance
Programs Class 26 consists of actions
by a redevelopment agency, housing authority, or other public agency to
implement an adopted Housing Assistance Plan by acquiring an interest in
housing units. The housing units may be either in existance or possessing all
required permits for construction when the agency makes its final decision to
acquire the units. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15327. Leasing New Facilities (a) Class 27 consists of the
leasing of a newly constructed or previously unoccupied privately owned
facility by a local or state agency where the local governing authority
determined that the building was exempt from CEQA. To be exempt under this
section, the proposed use of the facility: (1) Shall be in conformance
with existing state plans and policies and with general, community, and
specific plans for which an (2) Shall be substantially
the same as that originally proposed at the time the building permit was
issued; (3) Shall not result in a
traffic increase of greater than 10% of front access road capacity; and (4) Shall include the
provision of adequate employee and visitor parking facilities. (b) Examples of Class 27
include, but are not limited to: (1) Leasing of administrative
offices in newly constructed office space; (2) Leasing of client service
offices in newly constructed retail space; (3) Leasing of administrative
and/or client service offices in newly constructed industrial parks. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15328. Small Hydroelectric Projects at Existing
Facilities Class 28 consists of the
installation of hydroelectric generating facilities in connection with existing
dams, canals, and pipelines where: (a) The capacity of the
generating facilities is 5 megawatts or less; (b) Operation of the
generating facilities will not change the flow regime in the affected stream,
canal, or pipeline including but not limited to: (1) Rate and volume of flow; (2) Temperature; (3) Amounts of dissolved
oxygen to a degree that could adversely affect aquatic life; and (4) Timing of release. (c) New power lines to
connect the generating facilities to existing power lines will not exceed one
mile in length if located on a new right of way and will not be located
adjacent to a wild or scenic river; (d) Repair or reconstruction
of the diversion structure will not raise the normal maximum surface elevation
of the impoundment; (e) There will be no
significant upstream or downstream passage of fish affected by the project; (f) The discharge from the
power house will not be located more than 300 feet from the toe of the
diversion structure; (g) The project will not
cause violations of applicable state or federal water quality standards; (h) The project will not
entail any construction on or alteration of a site included in or eligible for
inclusion in the National Register of Historic Places; and (i) Construction will not
occur in the vicinity of any endangered, rare, or threatened species. Note:
Authority cited: Section 21083, Public Resources Code; Reference: Section
21084, Public Resources Code. 15329. Cogeneration Projects at Existing Facilities Class 29 consists of the
installation of cogeneration equipment with a capacity of 50 megawatts or less
at existing facilities meeting the conditions described in this section. (a) At existing industrial
facilities, the installation of cogeneration facilities will be exempt where it
will: (1) Result in no net
increases in air emissions from the industrial facility, or will produce
emissions lower than the amount that would require review under the new source
review rules applicable in the county, and (2) Comply with all
applicable state, federal, and local air quality laws. (b) At commercial and
institutional facilities, the installation of cogeneration facilities will be
exempt if the installation will: (1) Meet all the criteria
described in subdivision (a); (2) Result in no noticeable
increase in noise to nearby residential structures; (3) Be contiguous to other
commercial or institutional structures. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Section 21084, Public
Resources Code. 15330. Minor Actions to Prevent, Minimize,
Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous
Waste or Hazardous Substances. Class 30 consists of any
minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or
eliminate the release or threat of release of a hazardous waste or substance
which are small or medium removal actions costing $1 million or less. (a) No cleanup action shall be subject to
this Class 30 exemption if the action requires the onsite use of a hazardous
waste incinerator or thermal treatment unit or the relocation of residences or
businesses, or the action involves the potential release into the air of
volatile organic compounds as defined in Health and Safety Code (b) Examples of such minor cleanup actions include
but are not limited to: (1) Removal of sealed,
non-leaking drums or barrels of hazardous waste or substances that have been
stabilized, containerized and are designated for a lawfully permitted
destination; (2) Maintenance or
stabilization of berms, dikes, or surface impoundments; (3) Construction or
maintenance or interim of temporary surface caps; (4) Onsite treatment of
contaminated soils or sludges provided treatment system meets Title 22
requirements and local air district requirements; (5) Excavation and/or offsite
disposal of contaminated soils or sludges in regulated units; (6) Application of dust
suppressants or dust binders to surface soils; (7) Controls for surface
water run-on and run-off that meets seismic safety standards; (8) Pumping of leaking ponds
into an enclosed container; (9) Construction of interim
or emergency ground water treatment systems; (10) Posting of warning signs
and fencing for a hazardous waste or substance site that meets legal
requirements for protection of wildlife. Authority cited: Section
21083, Public Resources Code. Reference: Section 21084, Public Resources Code. 15331. Historical Resource
Restoration/Rehabilitation. Class 31 consists of projects
limited to maintenance, repair, stabilization, rehabilitation, restoration,
preservation, conservation or reconstruction of historical resources in a
manner consistent with the Secretary of the Interior's Standards
for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks
and Grimmer. Note:
Authority cited: Section 21083, Public Resources Code. Reference: Section
21084, Public Resources Code. Discussion:
This section establishes an exemption for projects involving the maintenance,
rehabilitation, restoration, preservation, or reconstruction of historical
resources, provided that the activity meets published federal standards for the
treatment of historic properties. These federal standards describe means of
preserving, rehabilitating, restoring, and reconstructing historic buildings
without adversely affecting their historic significance. Use of this exemption,
like all categorical exemptions, is limited by the factors described in section
15300.2 and is not to be used where the activity would cause a substantial
adverse change in the significance of a historical resource. 15332. In-Fill Development
Projects. Class 32 consists of projects
characterized as in-fill development meeting the conditions described in this
section. (a) The project is consistent
with the applicable general plan designation and all applicable general plan
policies as well as with applicable zoning designation and regulations. (b) The proposed development
occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses. (c) The project site has no
value as habitat for endangered, rare or threatened species. (d) Approval of the project
would not result in any significant effects relating to traffic, noise, air
quality, or water quality. (e) The site can be
adequately served by all required utilities and public services. Note:
Authority cited: Section 21083, Public Resources Code. Reference: Section
21084, Public Resources Code. Discussion:
This section is intended to promote infill development within urbanized areas.
The class consists of environmentally benign in-fill projects which are
consistent with local general plan and zoning requirements. This class is not
intended to be applied to projects which would result in any significant
traffic, noise, air quality, or water quality effects. Application of this
exemption, as all categorical exemptions, is limited by the factors described
in section 15300.2. 15333. Small Habitat Restoration Projects. Class 33 consists of projects
not to exceed five acres in size to assure the maintenance, restoration,
enhancement, or protection of habitat for fish, plants, or wildlife provided
that: (a) There would be no
significant adverse impact on endangered, rare or threatened species or their
habitat pursuant to section 15065, (b) There are no hazardous
materials at or around the project site that may be disturbed or removed, and (c) The project will not
result in impacts that are significant when viewed in connection with the
effects of past projects, the effects of other current projects, and the
effects of probable future projects. (d) Examples of small restoration projects may include, but are not
limited to: (1) revegetation of disturbed areas with native plant species; (2) wetland restoration, the primary purpose of which is to improve conditions for waterfowl or other species that rely on wetland habitat;
(3) stream or river bank revegetation, the primary purpose of which is
to improve habitat for amphibians or native fish; (4) projects to restore or enhance habitat that are carried out
principally with hand labor and not mechanized equipment. (5) stream or river bank stabilization with native vegetation or other bioengineering techniques, the primary purpose of which is to reduce or eliminate erosion and sedimentation; and (6) culvert replacement conducted in accordance with published
guidelines of the Department of Fish and Game or NOAA Fisheries, the primary purpose of which is to improve habitat
or reduce sedimentation. Authority cited: Section 21083, Public Resources Code.
Reference: Section 21084, Public Resources Code. 
This file last modified on: Tuesday, July 24, 2007.Document URL: http://ceres.ca.gov/topic/env_law/ceqa/guidelines/art19.html Copyright © 1998-2003 California Resources Agency. All rights reserved. |