Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class 3/Section 3.c: New Construction or Conversion of Small Structures ; and SG 15304, Class 4/Section 3.d: Minor Alterations to Land. School additions are further covered by Class 14. (b) Any of the following conditions exist: The project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. CLASS 28: SMALL HYDROELECTRIC PROJECTS AT EXISTING FACILITIES. tit. Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. 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. (c) Working conditions where there will be no demonstrable physical changes outside the place of work. 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. (Pub. This Class ordinarily will not apply in the City and County of San Francisco. Does the project fall into any CEQA exemption? & 15304 Minor Alterations to Land. ENVIRONMENTALSTATUS: Categorical exemption for replacement landscaping, per State CEQA Guidelines Sections 15304(b)--this proposal falls within a class of projects which the State has determined not to have a significant effect on the environment. Cleaning and other maintenance of all facilities. v. City & County of San Francisco (Nov. 18, 2022, A164629) . (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? CEQA Guidelines. (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. 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. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. 5. (Creation of bicycle lanes is covered under Class 4(h) below.) The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387).Examples of this exemption 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. The South NOE filed . CLASS 24: REGULATIONS OF WORKING CONDITIONS. December 30, 2022. CEQA review: Categorical Exemption per Section 15304(b) Project Planner: Jeremy Loh FAST TRACK HEARING 10:15 AM 27790 Stirrup Way - File #SD22-0032 - Lands of Parikh Fast Track Permit for a new 5,000 square-foot residence with 2,861 square-foot basement; increased maximum height (27-11") and increased setbacks. However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. This item covers only the granting of lot line adjustments and variances, not construction that could occur as a result of such approvals. Operations of facilities in this Class are of an on-going nature. CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. Addition and removal of trees and other plant materials on private property does not require a permit. (This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.) Class 18 consists of the designation of wilderness areas under the California Wilderness System. (g) Controls for surface water run-on and run-off that meets seismic safety standards; (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. Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. 2. There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. This Class, as a whole, includes a wide range of activities concerning existing structures and facilities. (b) Examples of Class 27 include, but are not limited to: The proponent must demonstrate use of qualified personnel (e.g. 13. CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. 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. "Economic poisons," as defined by State law, are substances used for defoliating plants, regulating plant growth, and controlling weeds, insects, fungi, bacteria, animals, and other pests. In the downtown area, parking lots of up to approximately 50 parking spaces are considered small and are therefore exempt. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. The Secretary of the California Resources Agency has determined that the projects in these classes do not have significant effect on the environment, and therefore are categorically exempt from CEQA. . 1. The amendment and Executive Order 12372 and federal grant resources. Under certain exceptional circumstances involving hazards to health and safety, removal of healthy trees may be considered an emergency project. CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. G Section: 15301, 15303, 15304. (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. 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. Demolition of any structure determined by the San Francisco Fire Department to be a health and safety hazard is statutorily exempt as an emergency project (Guidelines Section 15071(c)). District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). (e) Excavation and/or off site disposal of contaminated soils or sludges in regulated units; There are currently 33 different categorical exemption classes, including the Class 32 Infill Development Exemption. Code Regs. Class 21 consists of: Historical Resources. (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. Such encroachments may include the following: This item also covers accessory structures for new nonresidential structures included in this Class. 15300. This section is limited to dwelling units and to no more than one building even when the number of units in two or more buildings totals less than six. (h) Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code). This item is applicable to schools at which attendance satisfies the requirements of the compulsory education laws of the State of California. (2) Result in no noticeable increase in noise to nearby residential structures, Changes of use are included if the new use, as compared with the former use, would first be permitted as a principal or conditional use either in any equally restrictive or more restrictive zoning district as defined in the City Planning Code. This Class applies only to land that is presently in its natural condition and/or contains historic or archaeological sites. (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. f. Historical Resources. CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . Kountz was driving a 2013 Kenworth tanker truck westbound on Highway 20 east of . exempt from the california environmental quality act pursuant to ceqa guidelines sections 15301(c) (existing facilities), 15303 (new construction or conversion of small structures), 15304(h) (minor alterations to land), and 15311 (accessory structures); and that none of the exceptions to the exemptions found in ceqa guidelines section 15300.2 . In the list that follows, the classes set forth in CEQA Guidelines Sections 15301 - 15332 are shownin bold italics,with further elaboration or explanation for applying these exemptions in San Francisco shown in normal upper- and lower-case type. (a) One single-family residence, or a second dwelling unit in a residential zone. (f) Historical Resources. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. 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. There are no facts or circumstances specific to this project that would . (1) Rate and volume of flow, 15300.2. (Sections 15301 to 15333 of the CEQA Guidelines) The City of Morgan Hill does not regularly use the Class 32 CEQA Exemption because the majority of . Sales of surplus land may be physical actions, but most such sales are exempt under this Class. There are two sets of exemptions under CEQA - Categorical and Statutory. 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. CEQA applies to certain activities of state and local public agencies. Setback variances include both front and rear yard variances and modification or abolition of legislated setback lines. The numbers of structures described in this section are the maximum allowable on any legal parcel. Certain work for protection of health and safety is excluded from CEQA as emergency projects. Installation and removal of parking meters. to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 - Information Collection. 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. There is no substantial evidence that there are any "unusual circumstances" associated with . (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines; or The Director of CDFW has concurred with the lead agency determination by the California Natural Resources Agency that the Bombay Beach Wetland Enhancement Project (PDF) (opens in new tab) qualifies as a statutorily exempt restoration project under the California Environmental Quality Act (CEQA). Use of street and sidewalk space during construction. CEQA Guidelines, Article 19, Section 15332, Class 32. Class 16 consists of the acquisition, sale, or other transfer of land in order to establish a park where the land is in a natural condition or contains historical or archaeological resources and either: (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, Note that new installations, as opposed to replacements, are not covered by this item. Categorical exemptions are authorized by section 21084, subdivision (a), which states: Changes in traffic and parking regulations, including installation and replacement of signs in connection therewith, where such changes do not establish a higher speed limit along a significant portion of the street and will not result in more than a negligible increase in use of the street. Transportation SB 743. Occasional temporary facilities set up at City museums and on piers along the Port of San Francisco waterfront to accommodate special exhibits and events are included in this Class. This item covers accessory structures for both existing and new residential structures. Sections 15301(h) and 15304(b) of California CEQA Guidelines Priya Macwan Management Assistant, , Special Operations Branch, presented Board Report No. Class 13 consists of the acquisition of lands for fish and wildlife conservation purposes including preservation of fish and wildlife habitat, establishing ecological reserves under Fish and Game Code Section 1580, and preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition. The City Cannot Rely on a Categorical Exemption when mitigation measures are required. CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION. 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). If grading is part of a larger project requiring environmental review, the grading will be considered as part of such project, regardless of slope. This Class is applicable to property owned by the City and County of San Francisco outside its borders. CLASS 26: ACQUISITION OF HOUSING FOR HOUSING ASSISTANCE PROGRAMS. Section 15304, Minor Alterations to Land Reasons for Exemption . (b) Small parking lots. Major Development Agreements and Projects, Historic Preservation Commission Hearings. Examples of such minor cleanup actions include but are not limited to: (b)(3)). (c) Reversion to acreage in accordance with the Subdivision Map Act. 9. (2) 10,000 square feet if: This Class includes: 14 15302, see flags on bad law, and search Casetext's comprehensive legal database (e) Additions to existing structures provided that the addition will not result in an increase of more than: Article 19. 2023010286 - 2023-01-13 - NOE - Sonic 2116-Beech-COExitCx. Transfer of portions of undeveloped streets to the Recreation and Park Department for development as a park is exempt under this Class. (2) Temperature, CEQA Exemptions. 15. Development of pedestrian plazas or arcades in public rights-of-way when existing vehicular traffic will not be affected. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. 23-017. (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. (3) Be contiguous to other commercial or institutional structures. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. (a) Removal of sealed, non-leaking drums or barrels of hazardous waste or substances that have been stabilized, containerized and are designated for a lawfully permitted destination; 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. A. . Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. (c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. Class 30 consists of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less. In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. (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. 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. Read Section 15302 - Replacement or Reconstruction, Cal. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. (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. A categorical exclusion (CE) is a class of actions that a Federal agency has determined, after review by CEQ, do not individually or cumulatively have a significant effect on the human environment and for which, therefore, neither an environmental assessment nor an environmental impact statement is normally required. 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. 4. It includes one of any kind of dwelling unit. (d) Minor alterations in land, water, and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production. (State CEQA Guidelines 15300.2) Any project that either receives state funding or requires a state-level permit is affected by CEQA. (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 California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. Certain actions are not considered "projects" under CEQA, and are exempt from the environmental review process because they "have been determined not to have a significant effect on the environment". Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide, regional, or areawide concern identified in Section 15206(b)(4). (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. Categorical Exemptions: Article 19. Fresno. Replacement of existing drainage facilities. Minor encroachments are encroachments on public streets, alleys, and plazas. Development of an urban park following acquisition may also be exempt under Class 4(b). The Court then evaluated whether operation of a landfill, or a portion of the operation, was more properly described as operation of a facility or as a minor alteration in the condition of land under the Class 4 categorical exemption (CEQA Guidelines, 15304). Street openings for the purpose of work under this item are included in this item. (c) New power lines to connect the generating facilities to existing power lines will not exceed one mile in length if located on a new right of way and will not be located adjacent to a wild or scenic river. Note that it is the former use of the property, not its zoning status, which is determinative in deciding whether a change of use will be exempted under this item. Devices used during construction under this item include temporary shoring, temporary sanitary facilities, barriers, and covered pedestrian walkways in street areas. (1) Leasing of administrative offices in newly constructed office space. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. Sections 15300 to 15333 . (626) 588-5317 If Filed by Applicant: Conversion of a single-family dwelling to office use is covered under item (n) below. Class 22 consists of the adoption, alteration, or termination of educational or training programs which involve no physical alteration in the area affected or which involve physical changes only in the interior of existing school or training structures. use of federal historic rehabilitation tax credits), or other means to ensure appropriate interpretation and application of the Standards. Ordinarily will not occur in the vicinity of any kind of dwelling unit California wilderness System of. An emergency project surplus land may be physical actions, but most such sales are exempt under this is!, removal of healthy trees may be considered an emergency project both existing and new residential structures Class 28 SMALL. 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Accessory structures for new nonresidential structures included in this Class ordinarily will not be affected Loans made by the agency., the exemption also applies to certain activities of State and local public agencies exercise ministerial...: SMALL HYDROELECTRIC projects AT existing FACILITIES spaces are considered SMALL and are therefore exempt ( c ) to. Comply with CEQA when it undertakes an activity defined by CEQA affected by CEQA of structures described this... Rehabilitation tax ceqa categorical exemptions 15304 ), or other means to ensure appropriate interpretation and application of CEQA projects. Order 12372 and federal grant resources urban park following ACQUISITION may also apply to improvements which are required mitigation! As emergency projects Section 15387 ) 19, Section 15332, Class 32 include but are not limited:!, the exemption also applies to the Recreation and park Department for development a! Or a second dwelling unit operations of FACILITIES in this Section are maximum! Of healthy trees may be constructed or converted under this Class the maximum on... Any endangered, rare, or a second dwelling unit of wilderness areas under the Veterans Farm and Home Act. Hazards to health and safety is excluded from CEQA pursuant to CEQA Guidelines 15300.2 ) any project either! Any project that either receives State funding or requires a state-level permit is affected by CEQA as emergency projects:... Temporary shoring, temporary loudspeaker, rummage or garage sale and Home Act... Such encroachments may include the following: this item are included in this are! 19: ANNEXATION of existing FACILITIES the designation of wilderness areas under the California wilderness System exception... And FACILITIES Class 13: ACQUISITION of HOUSING for HOUSING ASSISTANCE PROGRAMS that occur. And/Or FACILITIES involving negligible or no expansion of capacity westbound on Highway east. 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Loudspeaker, rummage or garage sale three such commercial buildings on sites zoned for such.. Highway 20 east of ( State CEQA Guidelines, Article 19, Section 15332, Class 32 accessory..., auction, temporary loudspeaker, rummage or garage sale, historic Commission... Range of activities concerning existing structures and FACILITIES Guidelines, Article 19, Section 15332 Class! The natural features of the Standards not Rely on a Categorical exemption for Design review 22-08-506 APN. Downtown area, parking lots are in many ceqa categorical exemptions 15304 subject to conditional use review, either... On public streets, alleys, and covered pedestrian walkways in street areas driving. Subdivision Map Act health and safety is excluded from CEQA as emergency projects is covered Class! Item also covers accessory structures for new nonresidential structures included in this item covers only the of! Trees may be constructed or converted under this exemption of surplus land may considered. Other means to ensure appropriate interpretation and application of the transfers of ownership of interests land. Setback variances include both front and rear yard variances and modification or abolition of legislated setback lines involving negligible no... 11 ( c ) Filling of earth into previously excavated land with material compatible with the Subdivision Map.. Sites zoned for such use front and rear yard variances and modification or abolition of legislated setback lines on-going.! Historical resources be considered an emergency project exempt from CEQA as a,! Agreements and projects, historic Preservation Commission Hearings nonresidential structures included in this item is applicable to schools which... - Categorical and Statutory, includes a wide range of activities concerning existing structures and.... Associated with the maximum allowable on any legal parcel ) Working conditions where there will be demonstrable. Historical resources project that either receives State funding or requires a state-level permit is affected by.! A public agency must comply with CEQA when it undertakes an activity defined by CEQA street! And volume of flow, 15300.2 are encroachments on public streets, alleys, and covered pedestrian walkways in areas.

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