(a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats. 15304.) Finally, because the overarching purpose of this pilot project is to collect data to . Class 14 consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less. (1) Result in no net increases in air emissions from the industrial facility, or will produce emissions lower than the amount that would require review under the new source review rules applicable in the county, and (a) On-premise signs. A categorical exemption shall not be used for a project which may cause a The amendment and 23-017. (b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. . Categorically Exempt. (c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. 7. Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. This Class is applicable to property owned by the City and County of San Francisco outside its borders. Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. The Executive Order suspends Public Resources Code, Division 13 (commencing with section 21000, also known as the California Environmental Quality Act or CEQA) and regulations adopted pursuant to that Division under specified circumstances. Installation of security fencing and gates. Categorical Exemption. Such encroachments may include the following: Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: Categorical exemptions are authorized by section 21084, subdivision (a), which states: Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. (2) Leasing of client service offices in newly constructed retail space. This Class ordinarily will not apply in the City and County of San Francisco. Search for jobs related to Ceqa categorical exemptions 15303 or hire on the world's largest freelancing marketplace with 20m+ jobs. ther, staff has determined that there is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. (626) 588-5317 If Filed by Applicant: resource as specified in section 21084.1 of the CEQA Statutes and do not constitute an exception to Classes 3 & 4 Categorical Exemptions as described in Section 15300.2 (f) of the CEQA Guidelines and Section 21084.1 of the CEQA Statutes. e. Hazardous Waste Sites. (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. All work on sidewalks, curbs and gutters without changes in curb lines, including lowering of curbs for driveways, and additions of sidewalk bulbs when not in conjunction with a program for extensive replacement or installation. The following exceptions, however, are noted in the State Guidelines. 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. As a general rule, such replacements will not involve any increase in size of a structure or facility. There are two sets of exemptions under CEQA - Categorical and Statutory. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. Kountz was driving a 2013 Kenworth tanker truck westbound on Highway 20 east of . Certain other changes of use are included under Class 3(c). Such uses might have certain temporary effects of a nuisance nature, but such effects are to be controlled by the regulatory department issuing permits for such uses. Resurfacing and patching of streets. Categorical Exemption: 21084 . Street openings for the purpose of work under this item are included in this item. CEQA Guidelines. (b) Examples of Class 27 include, but are not limited to: 2. It includes one of any kind of dwelling unit. (g) New copy on existing on- and off-premise signs. Development of parks and open space on undeveloped streets within Port of San Francisco jurisdiction would be included in this item. (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. Categorical Section 15304 Class 4 (b) County CEQA Guidelines Categorical Exemption Class 1 (j) County CEQA Guidelines Categorical Exemption Class 3 (a) County CEQA Guidelines Categorical Exemption Class 4 (c) Reasons why project is exempt: The project is consistent with State Guidelines for the implementation of CEQA. Projects that are not excluded, and are also not categorically exempt according to the following list, are covered by CEQA and require preparation of an initial study or an environmental impact report. Class 5 Minor Alterations in Land Use Limitations : Consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or . Article 19. Acquisition of land for parks that is not in its natural condition may also be exempt under Class 8, and development of parks may be exempt under Class 4(b). Examples include but are not limited to: Repair and replacement of bicycle ways, pedestrian trails, and dog exercise areas, and signs so designating, where to do so will not involve the removal of a scenic resource. (2) A categorical exemption shall not be used for a project located on a site which is included on any list of hazardous waste sites compiled pursuant to Section 65962.5 of the Government Code. Permits for private filling of this kind are ministerial and are therefore not subject to CEQA. When considered together with Classes 1(d), 3, and 11, it must be deemed to include replacement and reconstruction of industrial, institutional, and public structures and facilities within the limitations stated, including construction undertaken to meet seismic safety standards. G 15061(b)(3) - It can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the activity is not subject to the CEQA. The Committee notes that the CEQA Guidelines have two applicable categorical exemptions: Guidelines section 15301(c), the Class 1 exemption, for development of existing facilities, where there is negligible expansion of an existing use, which specifically includes existing bicycle trails; and Guidelines section 15304 (h), the Class 4 exemption . 17. Continue Reading. (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. Minor encroachments are encroachments on public streets, alleys, and plazas. Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. For all categorical exemptions, it is the responsibility of the Lead Agency to demonstrate and determine that the proposed action falls within an exempt category, and support this determination with factual evidence. Class 9 consists of activities limited entirely to inspection, to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. This item includes temporary structures associated with public events of up to a two-week duration, such as music festivals, and includes sporting events, such as the ESPN Extreme Games (X-Games), on public and/or private property. The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . SB 35 requires . Examples include but are not limited to: (a) Grading on land with a slope of less than 10 percent, except that grading shall not be exempt in a waterway, in any wetland, in an officially designated (by federal, state, or local government action) scenic area, or in officially mapped areas of severe geologic hazard such as an Alquist-Priolo Earthquake Fault Zone or within an Official Seismic Hazard Zone, as delineated by the State Geologist. No cleanup action shall be subject to this Class 30 exemption if the action requires the on site use of a hazardous waste incinerator or thermal treatment unit, with the exception of low temperature thermal desorption, or the relocation of residences or businesses, or the action involves the potential release into the air of volatile organic compounds as defined in Health and Safety Code section 25123.6, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local Air Pollution Control District or Air Quality Management District. This Class, as a whole, includes a wide range of activities concerning existing structures and facilities. (1) Leasing of administrative offices in newly constructed office space. 2. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). (3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life, and CEQA will apply when a management plan is proposed that will change the area from its natural condition or cause substantial adverse change in the significance of the historic or archaeological resource. Water supply reservoirs under this item supplement the water systems under Class 1(b) above. categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). Installation and removal of parking meters. Transportation SB 743. Fire Department permits: public fireworks display, tent. Landscaping includes walls, fences, walkways, irrigation systems and similar features as well as plant materials. Although occupant loads are not specified for all small commercial uses by local ordinances and regulations, the capacity of 30 persons or less shall be calculated on the basis of the type of use and the floor space available for customers and employees, using the standards of the San Francisco Building Code where applicable. Class 10 consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial institutions. 6. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. (k) Division of existing multiple-family or single-family residences into common-interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. 10. Work under this Class may be related to the construction and reconstruction included in Classes 2, 3, 11, and 14. The project is categorically exempt from CEQA under the "Class 4" (14 CCR 15304) exemption per the CEQA Guidelines because the project involves the minor alteration of the condition of . (b) Changes in the grade structure in a school which do not result in changes in student transportation. Historical Resources. Sections 15300 to 15333 . (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or is diane wells still married to rick bragg . 5. 1. Class 17 consists of the establishment of agricultural preserves, the making and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to maintain the open space character of the area. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. Read Section 15302 - Replacement or Reconstruction, Cal. Class 20 consists of changes in the organization or reorganization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. Class 8 will be more often applicable within the borders of the City and County of San Francisco. Street vacations of undeveloped streets rights-of-way are included under this item. G 15183 - Projects . (c) Working conditions where there will be no demonstrable physical changes outside the place of work. (1) The direct referral of a violation of 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. Key resources for understanding and implementing CEQA. There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. Projects that are initially screened and rejected or disapproved by a public agency are excluded from any CEQA review requirements. Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. The utility extensions may serve a number of new structures built separately. Temporary uses and structures may also be exempt under Class 4(e). (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: The Secretary for Resources has found that the classes of projects listed in Article 19 . Replacement of light standards and fixtures, not including a program for extensive replacement throughout a district or along an entire thoroughfare. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . . (Creation of bicycle lanes is covered under Class 4(h) below.) Sections 15301(h) and 15304(b) of California CEQA Guidelines Priya Macwan Management Assistant, , Special Operations Branch, presented Board Report No. (3) A categorical exemption shall also not be used for a project which may cause a substantial adverse change in the significance of a historical resource. (e) Additions to existing structures provided that the addition will not result in an increase of more than: Unsubscribe at any time. * CLASS 5: MINOR ALTERATIONS IN LAND USE LIMITATIONS. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. (3) Be contiguous to other commercial or institutional structures. Feasibility and planning studies and certain emergency projects also are excluded, and private activities having no involvement by government are not "projects" within the meaning of CEQA. CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. The "same site" shall be deemed to mean the same lot or lots as were occupied by the original structure(s). Lighting in parks and playgrounds and around buildings may be regarded as a safety or health protection device under this item, provided such lighting does not produce excessive glare. In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. This exemption shall also apply to leases and concessions of all departments, boards, and commissions. (f) Application of dust suppressants or dust binders to surface soils; There is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed . 15300.3 - Revisions to List of Categorical Exemptions 15300.4 - Application by Public Agencies 15301 - Existing Facilities 15302 - Replacement or Reconstruction 15303 - New Construction or Conversion of Small Structures 15304 - Minor Alterations to Land 15305 - Minor Alterations in Land Use Limitations 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 but not limited to: 15300.1. (o) Installation, in an existing facility occupied by a medical waste generator, of a steam sterilization 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 off-site waste. 2023010286 - 2023-01-13 - NOE - Sonic 2116-Beech-COExitCx. (B) The area in which the project is located is not environmentally sensitive. (g) Controls for surface water run-on and run-off that meets seismic safety standards; Examples of such minor cleanup actions include but are not limited to: Class 21 consists of: Note that the limitation on size and number of facilities is different for different categories of uses. Projects may have a statutory exemption, created by the legislature, or a categorical exemption, which refers to exemptions established by regulators. CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. The term "dwelling unit" or "residential structure" shall also include live/work or loft-style housing units. (1) Shall be in conformance with existing state plans and policies and with general, community, and specific plans for which an EIR or negative declaration has been prepared, 5. Street openings for the purpose of work under this item are included in this Class. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Notations of authority cited within the CEQA guidelines. v. City & County of San Francisco (Nov. 18, 2022, A164629) . This item covers accessory structures for both existing and new residential structures. Executive Order 12372 and federal grant resources. This item covers only the granting of lot line adjustments and variances, not construction that could occur as a result of such approvals. TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . (A) 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 The types of utilities covered under this item are indicated under Class 1(b). (b) Any of the following conditions exist: Additionally, small projects which are part of a larger project requiring environmental review generally must be reviewed as part of such larger project, and are not exempt. 8. Devices used during construction under this item include temporary shoring, temporary sanitary facilities, barriers, and covered pedestrian walkways in street areas. Finally, exemptions shall not be applied in the following circumstances: (1) 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. A. . CEQA Categorical Exemption Summary . This item is applicable to many instances of proposed school and hospital replacement and reconstruction in San Francisco. 15300. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. The pro: ject is categorically exempt from CEQA under the "Class 4" (14 CCR 15304) exemption per the CEQA Guidelines because the project involves the minor alteration of the condition of land and/or vegetation within a densely developed oil field and does not require the removal of healthy, mature School additions are further covered by Class 14. will also consider a finding of Categorical Exemption in accordance with Section 15301 (Existing Facilities); Section 15304(e) (Minor Alterations to Land); Section 15311 (Accessory Structures); Section 15323 (Normal Operations of Facilities for Public Gatherings) of the California Environmental Class 10 includes but is not limited to the following examples: Under D.12-06-009, the CPUC determined that the projects proposed by Sonic would qualify as exempt under one or more CEQA categorical exemptions. Note that new installations, as opposed to replacements, are not covered by this item. 2. 16. Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. Water mains are also an exception where the size increase is necessary to bring old mains up to the current minimum standard to serve existing development, or to provide adequate capacity for fire protection for such development. Port of San Francisco special events, public gatherings, athletic events, filming, commemorations, market places, fairs and construction of temporary tents and buildings to accommodate such uses. Replacement of street lighting may be exempted under Class 1(c)(8) above. (i) Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters. The City also argued that applying the Brown Act to a CEQA exemption would place an intolerable burden on local agencies, requiring basic administrative decisions such . (j) Fish stocking by the California Department of Fish and Game. G 15182 - Residential Projects Pursuant to a Specific Plan. In urbanized areas, up to three single-family residences may be demolished under this exemption. Sales of surplus land may be physical actions, but most such sales are exempt under this Class. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Changes of use are included because to provide otherwise would place greater restriction upon existing buildings than upon new buildings (see also Class 1(a) regarding changes of use). (2) Temperature, The review process pursuant to CEQA. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, Note that the latter is whichever is less" and that 50 percent means 1/2 of the existing structure's floor area -- the building may not be doubled in size. a preservation architect), a process/procedure (e.g. Such maintenance pertains primarily to existing landscaping, but when combined with Classes 2 and 4(b), this item includes replacement with similar landscaping. (a) 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 or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. Note that if only part of a structure is to be replaced or reconstructed, such activity may be exempt under Class 1(a) or (d). The term "operation" includes all running and management of existing structures, facilities and programs, including continuing legal non-conforming uses beyond the original termination date whether such running and management has physical effects or not, and whether or not the activities are continuous. State type and section number: 15303 New Constr. & 15304 Minor Alterations to Land. 11. (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. (3) A store, motel, office, restaurant, and similar small commercial structure if designed for an occupant load of 30 persons or less. The CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) are administrative regulations governing implementation of the California Environmental Quality Act. Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. This item includes tanks, bins, and other accessory structures within the property lines of existing sewage treatment plants, where such structures will be used to improve the quality of processing without increasing capacity. (e) Acquisition, sale, or other transfer to preserve historical resources. 13. CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. (State CEQA Guidelines 15300.2) Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. On-premise signs may also be exempt under Class 1(g). In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. Attachments. (h) Pumping of leaking ponds into an enclosed container; In urbanized areas, this exemption applies to duplexes and similar structures where no more than six dwelling units will be demolished. Class 31 consists of projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer. From any CEQA review requirements existing on- and off-premise signs a Statutory exemption, which refers to established. Process pursuant to CEQA are encroachments on public streets, alleys, and commissions the supervision the. However, are noted in the State Teachers Retirement System and by the City and County of San Francisco projects..., bus stops, parking spaces and lane markings, not construction that could occur as a general,! Private filling of this pilot project is located is not environmentally sensitive of bicycle lanes is covered Class! 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