Type, Section or Code
Section 15332, Class 32, and Section 15303, Class 3
Reasons for Exemption
Article 19 of the CEQA Guidelines, Sections 15300 through 15333, includes a list of classes of projects that have been determined to not have a significant effect on the environment, and are therefore exempt from CEQA. As demonstrated throughout the Initial Study prepared by the City, the proposed project qualifies for exemption under CEQA Guidelines Section 15332, Class 32. For example, the proposed project would be consistent with the General Plan land use designation of Industrial and zoning designation of Il-PUD, and thus, would meet Criterion 15332(a). In addition, the project would meet Criterion 15332(b) by being located near existing industrial development to the north, west, and south. The project site does not support habitat for rare, threatened, or endangered species and the applicant would be subject to payment of all applicable development fees according to the Santa Clara Valley Habitat Plan (SCVHP). Thus, the proposed project would meet Criterion 15332(c). Furthermore, the proposed project would not result in any significant environmental effects related to traffic, noise, air quality, or water quality. The project can be adequately served by all required utilities and public services. As such, the proposed project would meet Criterion 15332(d) and 15332(e). It should also be noted that none of the exceptions to the exemptions under CEQA Guidelines Section 15300.2 would apply to the proposed project. Therefore, the proposed project would be considered exempt under CEQA Guidelines Section 15332, Class 32.
In addition, Section 15303 of the CEQA Guidelines provides a categorical exemption for new construction or conversion of small structures. Specifically, a Class 3 exemption 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 project site is located in an urban area and would include the development of a new 4,000-square foot research facility, which would be below the 10,000-square foot floor area allowable for commercial buildings within urbanized areas under Section 15303, Class 3, criterion (c). The proposed project would be consistent with the existing zoning designation for the site. In addition, as discussed throughout this Initial Study, the project area is not environmentally sensitive and all public services and facilities necessary to serve the proposed project are readily available. The hazardous substances to be stored and used at the site would not be considered a significant amount and would be regulated in accordance with all applicable State and local standards. Therefore, the proposed project would be consistent with criterion (c) and qualifies for exemption under CEQA Guidelines.