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s 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.
s 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;
(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, and 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. Reference: Section 21084, Public Resources Code; Bloom v. McGurk (1994) 26 Cal.App.4th 1307.
s 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.
s 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: Section 21084, Public Resources Code.
s 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 and 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.
s 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.
s 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.
s 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.
s 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 environmental 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 Cal. App. 3d 265.
s 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.
s 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.
s 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.
s 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.
s 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.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
s 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.
s 15315. Minor Land Divisions.
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.
s 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.
s 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.
s 15318. Designation of Wilderness Areas.
Class 18 consists of the designation wilderness areas under the California Wilderness System.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
s 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.
s 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.
s 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.
s 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.
s 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.
s 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.
s 15325. Transfers of Ownership 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.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
s 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 existence 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.
s 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 EIR or negative declaration has been prepared,
(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.
s 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.
s 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 industrial 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.
s 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 Section 25123.6, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local Air Pollution Control District or Air Quality Management District. All actions must be consistent with applicable state and local environmental permitting requirements including, but not limited to, off-site disposal, air quality rules such as those governing volatile organic compounds and water quality standards, and approved by the regulatory body with jurisdiction over the site.
(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 of interim or 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.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
s 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.
s 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.
s 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.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
s 15350. General.
The definitions contained in this article apply to terms used throughout the guidelines unless a term is otherwise defined in a particular section.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21083, Public Resources Code.
s 15351. Applicant.
"Applicant" means a person who proposes to carry out a project which needs a lease, permit, license, certificate, or other entitlement for use or financial assistance from one or more public agencies when that person applies for the governmental approval or assistance.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21065, Public Resources Code.
s 15352. Approval.
(a) "Approval" means the decision by a public agency which commits the agency to a definite course of action in regard to a project intended to be carried out by any person. The exact date of approval of any project is a matter determined by each public agency according to its rules, regulations, and ordinances. Legislative action in regard to a project often constitutes approval.
(b) With private projects, approval occurs upon the earliest commitment to issue or the issuance by the public agency of a discretionary contract, grant, subsidy, loan, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21061 and 21065, Public Resources Code.
s 15353. CEQA.
"CEQA" means the California Environmental Quality Act, California Public Resources Code Sections 21000 et seq.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21050, Public Resources Code.
s 15354. Categorical Exemption.
"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.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080(b)(10) and 21084, Public Resources Code.
s 15355. Cumulative Impacts.
"Cumulative impacts" refer to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts.
(a) The individual effects may be changes resulting from a single project or a number of separate projects.
(b) The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21083(b), Public Resources Code; Whitman v. Board of Supervisors, 88 Cal. App. 3d 397.
s 15356. Decision-Making Body.
"Decision-making body" means any person or group of people within a public agency permitted by law to approve or disapprove the project at issue.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21003(b), Public Resources Code; Kleist v. City of Glendale (1976) 56 Cal. App. 3d 770.
s 15357. Discretionary Project
"Discretionary project" means a project which requires the exercise of judgment or deliberation when the public agency or body decides to approve or disapprove a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. A timber harvesting plan submitted to the State Forester for approval under the requirements of the Z'berg-Nejedly Forest Practice Act of 1973 (Pub. Res. Code Sections 4511 et seq.) constitutes a discretionary project within the meaning of the California Environmental Quality Act. Section 21065(c).
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21080(a), Public Resources Code; Johnson v. State of California(1968) 69 Cal. 2d 782; People v. Department of Housing and Community Development (1975) 45 Cal. App. 3d 185; Day v. City of Glendale (1975) 51 Cal. App. 3d 817; N.R.D.C. v. Arcata National Corp.(1976) 59 Cal. App. 3d 959.
s 15358. Effects.
"Effects" and "impacts" as used in these guidelines are synonymous.
(a) Effects include:
(1) Direct or primary effects which are caused by the project and occur at the same time and place.
(2) Indirect or secondary effects which are caused by the project and are later in time or farther removed in distance, but are still reasonably foreseeable. Indirect or secondary effects may include growth-inducing effects and other effects related to induced changes in the pattern of land use, population density, or growth rate, and related effects on air and water and other natural systems, including ecosystems.
(b) Effects analyzed under CEQA must be related to a physical change.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21068 and 21100, Public Resources Code.
s 15359. Emergency.
"Emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to life, health, property, or essential public services. Emergency includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21080(b)(2), (3) and (4), Public Resources Code.
s 15360. Environment.
"Environment" means the physical conditions which exist within the area which will be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. The area involved shall be the area in which significant effects would occur either directly or indirectly as a result of the project. The "environment" includes both natural and man-made conditions.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21060.5, Public Resources Code.
s 15361. Environmental Documents.
"Environmental documents" means initial studies, negative declarations, draft and final EIRs, documents prepared as substitutes for EIRs and negative declarations under a program certified pursuant to Public Resources Code Section 21080.5, and documents prepared under NEPA and used by a state or local agency in the place of an initial study, negative declaration, or an EIR.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21061, 21080(b), 21080.5, 21108 and 21152, Public Resources Code.
s 15362. EIR -Environmental Impact Report.
"EIR" or "environmental impact report" means a detailed statement prepared under CEQA describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects. The contents of an EIR are discussed in Article 9, commencing with Section 15120 of these guidelines. The term "EIR" may mean either a draft or a final EIR depending on the context.
(a) Draft EIR means an EIR containing the information specified in Sections 15122 through 15131.
(b) Final EIR means an EIR containing the information contained in the draft EIR, comments either verbatim or in summary received in the review process, a list of persons commenting, and the response of the lead agency to the comments received. The final EIR is discussed in detail in Section 15132.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21061, 21100 and 21151, Public Resources Code.
s 15363. EIS -Environmental Impact Statement.
"EIS" or "Environmental Impact Statement" means an environmental impact document prepared pursuant to the National Environmental Policy Act (NEPA). NEPA uses the term EIS in the place of the term EIR which is used in CEQA.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21083.5, 21083.6 and 21083.7, Public Resources Code; 43 U.S.C.A. 4322(2)(c).
s 15364. Feasible.
"Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21002, 21002.1, 21004, 21061.1, 21080.5 and 21081, Public Resources Code; Section 4, Chapter 1438 of the Statutes of 1982.
s 15365. Initial Study.
"Initial study" means a preliminary analysis prepared by the lead agency to determine whether an EIR or a negative declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR. Use of the initial study is discussed in Article 5, commencing with Section 15060.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080.1, 21080.2, 21080.3 and 21100, Public Resources Code.
s 15366. Jurisdiction by Law.
(a) "Jurisdiction by law" means the authority of any public agency:
(1) To grant a permit or other entitlement for use,
(2) To provide funding for the project in question, or
(3) To exercise authority over resources which may be affected by the project.
(b) A city or county will have jurisdiction by law with respect to a project when the city or county having primary jurisdiction over the area involved is:
(1) The site of the project;
(2) The area in which the major environmental effects will occur; and/or
(3) The area in which reside those citizens most directly concerned by any such environmental effects.
(c) Where an agency having jurisdiction by law must exercise discretionary authority over a project in order for the project to proceed, it is also a responsible agency, see Section 15381, or the lead agency, see Section 15367.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080.3, 21080.4, 21104 and 21153, Public Resources Code.
s 15367. Lead Agency.
"Lead agency" means the public agency which has the principal responsibility for carrying out or approving a project. The lead agency will decide whether an EIR or negative declaration will be required for the project and will cause the document to be prepared. Criteria for determining which agency will be the lead agency for a project are contained in Section 15051.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21165, Public Resources Code.
s 15368. Local Agency.
"Local agency" means any public agency other than a state agency, board, or commission. Local agency includes but is not limited to cities, counties, charter cities and counties, districts, school districts, special districts, redevelopment agencies, local agency formation commissions, and any board, commission, or organizational subdivision of a local agency when so designated by order or resolution of the governing legislative body of the local agency.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21062 and 21151, Public Resources Code.
s 15369. Ministerial.
"Ministerial" describes a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely applies the law to the facts as presented but uses no special discretion or judgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements, and the public official cannot use personal, subjective judgment in deciding whether or how the project should be carried out. Common examples of ministerial permits include automobile registrations, dog licenses, and marriage licenses. A building permit is 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.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21080(b)(1), Public Resources Code; Johnson v. State of California, 69 Cal. 2d 782; Day v. City of Glendale, 51 Cal. App. 3d 817.
s 15369.5. Mitigated Negative Declaration.
"Mitigated negative declaration" means a negative declaration prepared for a project when the initial study has identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21064.5, Public Resources Code.
s 15370. Mitigation.
"Mitigation" includes:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action.
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation.
(c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment.
(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.
(e) Compensating for the impact by replacing or providing substitute resources or environments.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21002, 21002.1, 21081 and 21100(c), Public Resources Code.
s 15371. Negative Declaration.
"Negative declaration" means a written statement by the lead agency briefly describing the reasons that a proposed project, not exempt from CEQA, will not have a significant effect on the environment and therefore does not require the preparation of an EIR. The contents of a negative declaration are described in Section 15071.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21080(c), Public Resources Code.
s 15372. Notice of Completion.
"Notice of completion" means a brief notice filed with the Office of Planning and Research bya lead agency as soon as it has completed a draft EIR and is prepared to send out copies for review. The contents of this notice are explained in Section 15085. (continued)