File No. UPE26-0003
Summary
SCH Number
2026100316
Public Agency
Sonoma County
Document Title
File No. UPE26-0003
Document Type
NOE - Notice of Exemption
Received
Posted
10/9/2026
Document Description
Use Permit to legalize an existing 250-foot-long berm constructed within the 200-foot Riparian Corridor setback on a 2.30-acre parcel.
Contact Information
Name
Katerina Orella
Agency Name
Permit Sonoma
Job Title
Planner
Contact Types
Lead/Public Agency
Phone
Name
Trevor Mickelson
Agency Name
Property Owner
Job Title
Applicant
Contact Types
Project Applicant
Phone
Location
Coordinates
Cities
Petaluma
Counties
Sonoma
Regions
San Francisco Bay Area
Cross Streets
Petaluma Blvd & Sjoen Dr
Zip
94952
Total Acres
2.3
Parcel #
019-280-004
State Highways
101
Railways
n/a
Airports
n/a
Schools
n/a
Waterways
San Antonio Creek
Township
04N
Range
07W
Section
14
Base
Diablo
Other Location Info
Present Land Use: Agriculture, Land Extensive Agriculture (LEA) Oak Woodland Habitat (OAK) Riparian Corridor (RC100/50) (RC200/25) Scenic
Resources (SR) Valley Oak Habitat (VOH), Land Extensive Agriculture (LEA 160)
Other Information
Site Address: 5485 Hwy 101 N, PETALUMA
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
Section 15301 for Existing Facilities and Section 15333 for Small Habitat Restoration Projects
Reasons for Exemption
Categorical Exemption Section 15301 for Existing Facilities and Categorical Exemption Section 15333 for Small Habitat Restoration Projects.
REASON WHY THIS PROJECT IS EXEMPT:
The proposed project is categorically exempt from the provisions of the CEQA Guidelines pursuant to the Provisions of Title 14 of the California Code of Regulations, Section 15301 (Existing Facilities) and Section 15333 (Small Habitat Restoration Projects). Section 15301 allows for the permitting of existing private topographical features, involving negligible or no expansion of existing or former use. The existing berm is a man-made topographical feature which is incidental to the primary agricultural use of the surrounding area, intended to prevent flooding. Section 15333 allows for revegetation of disturbed areas with native plant species. The proposed project includes a conservation plan to plant native riparian trees within the 200-foot Riparian Corridor setback.
Section 15333 applies to projects that do not exceed five acres in size 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.
Based on the biological assessment prepared by Kjeldsen Biological Consulting, dated April 2026, the project would not have a significant adverse impact on endangered, rare or threatened species or their habitat pursuant to section 15065. Additionally, the biological assessment concluded no impacts to any federal or state jurisdictional features, sensitive communities, nor sensitive species are expected.
Additional findings required by Section 15333 relate to hazardous materials and cumulative impacts and are discussed below in relation to the exceptions listed in Section 15300.2.
The CEQA Guidelines include a list of exceptions in Section 15300.2, which, if applicable to a project, make application of a categorical exemption invalid, including:
15300.2(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.
15300.2(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 to unusual circumstances.
15300.2(d) Scenic Highways. A categorical exemption shall not be used for 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 highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.
The other three exceptions are related to potential impacts to a particularly sensitive environment (15300.2(a)) or to a historical resource (15300.2(f)) or related to construction on a hazardous waste site (15300.2(e)); none of these exceptions apply, so no further discussion is provided for these three categories, but (b) through (d) are discussed below.
15300.2(b) Cumulative Impact. There are not multiple successive projects of the same type in the same location such that the cumulative impacts would be significant. There is not substantial new development in this area. The parcels in this area generally allow for permanent agricultural use, ensuring development is spaced, low-density, and does not create significant cumulative effects.
15300.2(c) Significant Effect. The CEQA Guidelines state that a significant effect on the environment due to unusual circumstances would invalidate use of a categorical exemption. “Unusual circumstances” has not been defined by the CEQA Guidelines but could include on-site characteristics found on the project parcel that are unique to the parcel and not typical in the area, which if impacted by the project could have a significant effect. There are no “unusual circumstances” associated with the project site. The mapped Riparian Corridor, Oak Woodland Habitat, and Valley Oak Habitat on the subject parcel is also prevalent on nearby surrounding parcels, and throughout the County.
15300.2(d) Scenic Highways. There is not a designated state scenic highway within the vicinity of the project site. Therefore, the project would not result in 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.
In summary, staff did not identify any applicable exceptions that would make application of the Class 1 and Class 33 categorical exemptions invalid.
County Clerk
Sonoma
Attachments
Notice of Exemption
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