Cal. Code Regs. Tit. 22, § 90955 - Categorical Exemption
(a) The following list summarizes, within
relevant categories established in Title 14, California Administrative Code,
commencing with Section
15101, types of projects which are
or may be subject to Certificate of Need requirements but which are
categorically exempt from the requirements of CEQA. These types of projects
involve no significant environmental impacts.
(1) Class 1: existing facilities. This class
consists of the operation, repair, maintenance, or minor alteration of existing
structures, facilities, equipment, or topographical features, involving little
or no expansion of use.
(A) Change of facility
bed classification.
(B) Change of
license category.
(C) Establishment
of a new service within an existing facility, utilizing existing
buildings.
(D) Acquisition of
equipment to be used within existing buildings.
(E) Acquisition by a facility of any
previously existing building or other capital item or of land when the type of
use is not to be significantly changed.
(F) Addition of beds or dialysis stations
within an existing building or buildings of a facility, if the capacity of the
facility is not increased by more than 25 percent.
(G) Remodeling of existing
buildings.
(2) Class 2:
replacement or reconstruction. This class consists of replacement or
reconstruction in whole or in part of an existing facility on the same site, as
long as the replacement or reconstruction does not increase capacity more than
50 percent and the use of the facility does not materially change.
(3) Class 3: new construction of small
structures. This class consists of construction and location of single, new,
small structures (including those appurtenant to existing structures) and
installation of small new equipment.
(b) Any project which is not specifically
described above but which is, in the judgment of the Certificate of Need
Division, clearly within the scope of any exempt lass described in Title 14,
California Administrative Code, commencing with Section
15101, shall be deemed to be
exempt from the requirements of CEQA.
(c) A written explanation for a finding that
a project is categorically exempt shall be prepared by the Certificate of Need
Division and shall be available for public inspection.
Notes
Note: Authority cited: Sections 437.6 and 467.2, Health and Safety Code; and Section 21084, Public Resources Code. Reference: Sections 437.15 and 438.2, Health and Safety Code; and Section 21084, Public Resources Code.
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