California Code of Regulations|§ 6962 - Categorical Exemptions

                                                
  
 
The Guidelines establish classes of projects which have been determined not to have a significant effect on the environment and are therefore categorically exempt. Provided below are only those exempt classes from Article 8 of the State EIR Guidelines which might be relevant to departmental activities. All class exemptions are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. Classes 3, 4, 5, 6, and 11 are not exempt if the project may impact on an environmental resource of hazardous or critical concern which is designated, precisely mapped and officially adopted pursuant to law by federal, state or local agencies. (Areas of concern include critical air basins and coastal zones.) A categorical exemption shall not be used where there is a reasonable possibility that the activity will have a significant effect due to unusual circumstances.
 
(a) Class 1: Existing Facilities. Class 1 consists of the operation, repair, maintenance or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing, including but not limited to: 
(1) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances;
 
(2) Electrical, gas, sewerage, or other public utility facilities;
 
(3) Highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities;
 
(4) 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;
 
(5) Additions to existing structures provided that the addition will not result in an increase of more than:
(A) 50 percent of the floor area of the structures before the addition of 2,500 square feet, whichever is less; or
 
(B) 10,000 square feet if:
1. 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
 
2. The area in which the project is located is not environmentally sensitive.
 
 
 
(6) 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.
 
(7) Division of existing multiple family rental units into condominiums or stock cooperatives;
 
(8) Unless the structures are of historical, archaeological or architectural significance, the demolition and removal of the following individual small structures:
(A) Single family residences not in conjunction with the demolition of two or more units;
 
(B) Motels, apartments, and duplexes designed for not more than four dwelling units if not in conjunction with the demolition of two or more such structures;
 
(C) Stores, offices, and restaurants if designed for an occupancy load of 20 persons or less, if not in conjunction with the demolition of two or more such structures;
 
(D) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
 
 
(9) Conversion of a single family residence to office use.
 
 
(b) Class 2: 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 the replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity.
 
(c) Class 3: 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 within a two year period. Examples of this exemption include but are not limited to:
(1) Single-family residences not in conjunction with the building of two or more such units. In urbanized areas, up to three single-family residences may be constructed under this exemption.
 
(2) Apartments, duplexes and similar structures, with not more than four dwelling units if not in conjunction with the building of two or more such structures. In urbanized areas, the exemption applies to single apartments, duplexes and similar small structures designed for not more than six dwelling units if not constructed in conjunction with the building of two or more such structures.
 
(3) Stores, motels, offices, restaurants and similar small commercial structures not involving the use of significant amounts of hazardous substances, if designed for an occupant load of 30 persons or less, if not constructed in conjunction with the building of two or more such structures. In urbanized areas, the exemption also applies to commercial buildings on sites zoned for such use, if designed for an occupant load of 30 persons or less, if not constructed in conjunction with the building of 4 or more such structures and if not involving the use of significant amount of hazardous substances.
 
(4) Water main, sewage, electrical, gas and other utility extensions of reasonable length to serve such construction;
 
(5) Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences.
 
 
(d) Class 5: Minor Alterations in Land Use Limitations. Class 5 consists of minor alterations in land use limitations in areas with less than a 20% slope, which do not result in any changes in land use or density, including but not limited to: 
(1) Minor lot line adjustments, side yard and set back variances not resulting in the creation of any new parcel;
 
(2) Issuance of minor encroachment permits;
 
(3) Reversion to acreage in accordance with the Subdivision Map Act.
 
 
(e) Class 6: 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 for strictly information gathering purposes or as part of a study leading to an action which a public agency has not yet approved, adopted or funded.
 
(f) Class 9: Inspections. Class 9 consists of activities limited entirely to inspection, to check for performance of an operation, or quality, health or safety of a project.
 
(g) Class 12: Surplus Government Property Sales. Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide interest or potential area of critical concern as identified in the Governor's Environmental Goals and Policy Report prepared pursuant to Government Code Sections 65041 et seq. However, if the surplus property to be sold is located in those areas identified in the Governor's Environmental Goals and Policy Report, its sales is exempt if:
(1) The property does not have significant value for wildlife habitat or other environmental purposes; and
 
(2) Any of the following conditions exist:
(A) The property is of such size or shape that it is incapable of independent development or use; or
 
(B) The property to be sold would qualify for an exemption under any other class or categorical exemption in the State EIR Guidelines; or
 
(C) The use of the property and adjacent property has not changed since the time of purchase by the public agency.
 
 
 
(h) Class 21: Enforcement Actions by Regulatory Agencies. Class 21 consists of 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. Such actions include, but are not limited to, the following: 
(1) The direct referral of a violation of a 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.
 
 
(i) Class 26: 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.
 
 
 
Notes
 
 Cal. Code Regs. Tit. 25, § 6962 
 
  
Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21080, Public Resources Code.
  
 
  1. Amendment of subsection (f) filed 5-5-82; designated effective 6-2-82 pursuant to Government Code Section 11346.2(d) (Register 82, No. 19).