HomeMy WebLinkAbout09-25-2012 ac carter ph1CEOA Exemptions
15300 .2 . Exceptions [to Exemptions ]
(a)Location . Classes 3,4,5, 6,and 11 are qualified by consideration of where the project is to b e
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 al l
instances, except where the project may impact on an environmental resource of hazardous or critica l
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 t o
unusual circumstances .
(d)Scenic Highways . A categorical exemption shall not be used for a project which may result i n
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 o r
certified EIR.
(e)Hazardous Waste Sites . A categorical exemption shall not be used for a project located on a sit e
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 .
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 expande d
beyond their terms, and may not be used where there is substantial evidence that there are unusua l
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 categorica l
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 no t
apply to improvements which are required as mitigation for a project for which a negative declaratio n
or EIR has previously been adopted or certified ;(2)a project located on a site included on any lis t
compiled pursuant to Government Code section 65962 .5 (hazardous and toxic waste sites, etc .); and
(3) a project which may cause a substantial adverse change in the significance of a historica l
resource.
COUNCIL MEETING :
ITEM NO 4 Pg
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15301 . Existing Facilities
Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or mino r
alteration of existing public or private structures, facilities, mechanical equipment, or topographica l
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 whethe r
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 electrica l
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 simila r
facilities (this includes road grading for the purpose of public safety).
(d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanica l
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, o r
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 i s
less ; o r
(2)10,000 square feet if :
(A)The project is in an area where all public services and facilities are available to allow fo r
maximum development permissible in the General Plan an d
(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);
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(i)Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterwa y
devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fis h
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 ownershi p
and subdivision of existing commercial or industrial buildings, where no physical changes occu r
which are not otherwise exempt ;
(1) 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 b e
demolished under this exemption .
(2)A duplex or similar multifamily residential structure . In urbanized areas, this exemption applies t o
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 a n
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, an d
fences .
(m)Minor repairs and alterations to existing dams and appurtenant structures under the supervisio n
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 sterilizatio n
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 .7 8
of the Health and Safety Code .
Discussion : This section describes the class of projects wherein the proposed activity will involv e
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 reasonabl e
possibility of resulting in a significant effect does not quality for a Class 1 exemption .
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