(4) Shall include the provision of adequate employee and visitor parking facilities. Categorical Exemption: 21084 . Street vacations of undeveloped streets rights-of-way are included under this item. (f) Historical Resources. (a) Annexations to a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities. Note that the limitation on size and number of facilities is different for different categories of uses. Examples include but are not limited to: 2. 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. Uses under this item include: Categorical Exemption Type, Section or Code. CLASS 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. 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. There is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed . (c) Construction or maintenance of interim or temporary surface caps; Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. (b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. (2) Result in no noticeable increase in noise to nearby residential structures, Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. 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. NO: Preliminary CEQA analysis is required (j) Fish stocking by the California Department of Fish and Game. (3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life, and (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. (e) The site can be adequately served by all required utilities and public services. When considered together with other classes, it must be construed to include small structures and facilities for industrial, institutional, and public use. Construction activities are not included in this exemption. Class 6 consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. Class 18 consists of the designation of wilderness areas under the California Wilderness System. This Class is rarely applicable to activities of the City and County of San Francisco. Notations of authority cited within the CEQA guidelines. CEQA Guidelines, Article 19, Section 15332, Class 32. Kountz was driving a 2013 Kenworth tanker truck westbound on Highway 20 east of . (b) The management plan proposes to keep the area in a natural condition or preserve the historical or archaeological resources. Message - California Code of Regulations. Street openings for the purpose of work under this item are included in this item. Categorical Exclusions. 2. Categorical exemption is anticipated for this option. 14 15302, see flags on bad law, and search Casetext's comprehensive legal database Unlike statutory exemptions, categorical exemptions are not allowed to be used for projects that may cause a substantial adverse change in the significance of an historical resource (14 CCR Section 15300.2(f)). CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. 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. An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. 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. (c) The project site has no value as habitat for endangered, rare or threatened species. 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 . Minor temporary uses of land are exempt under Classes 4(e) and 11(c). Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. This item also includes development activities involved in the creation of new parks when the creation of a new park is not outside standards for exemption set forth in this or other classes. Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. 16. Removal of dead, seriously damaged, and incurably diseased trees is exempt under this Class. CEQA Exemptions. 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. (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. Section 15304 of the CEQA Guidelines considers as exemptions: "minor public or private alteration in the condition of land, water, and/or vegetation which do not involve removal of mature, scenic trees except for . . This item, in combination with Classes 1(d) and (f) below and Class 2, includes the following (the number of the applicable category should be indicated when making an exemption under this item): Grading on land with a slope of 10 percent or more for more buildings than are exempted under Class 3 will not be exempt, however. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. 15304.) A Class 4 exempt project consists of minor public or private alterations in the condition of land, water, and/or vegetation that do not involve removal of healthy, mature, scenic . Continue Reading. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. 15. These classes have been marked with an asterisk (*) as a reminder. (g) New copy on existing on- and off-premise signs. Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. (b) Any of the following conditions exist: Replacement of street lighting may be exempted under Class 1(c)(8) above. 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. A categorical exemption shall not be used for a project which may cause a substantial 15300.1. (c) Reversion to acreage in accordance with the Subdivision Map Act. Notice of Exemption. The City Cannot Rely on a Categorical Exemption when mitigation measures are required. (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 Grading in connection with demolition is categorically exempt only as stated under Class 4. (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: (b) Hours of work, or This Class is applicable to property owned by the City and County of San Francisco outside its borders. Pursuant to CEQA Guidelines Section 15062, a 35day statute of limitations for this CEQA exemption - shall apply from the date a Notice of Exemption is posted with the San Diego County Clerk, or a 180- CLASS 18: DESIGNATION OF WILDERNESS AREAS. Water supply reservoirs under this item supplement the water systems under Class 1(b) above. For example, the rental of a stadium or auditorium to various organizations for separate performances is part of the operation of that facility.Examples include but are not limited to: Class 8 regarding urban open space acquisition, and Class 16 for special types of park acquisition, may also apply. * CLASS 5: MINOR ALTERATIONS IN LAND USE LIMITATIONS. 12. This item is not applicable to activities of the City and County of San Francisco. (a) The management plan for the park has not been prepared, or The project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. (e) Acquisition, sale, or other transfer to preserve historical resources. Class 5 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 density, including but not limited to: Class 19 consists of only the following annexations: 13. 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). Devices used during construction under this item include temporary shoring, temporary sanitary facilities, barriers, and covered pedestrian walkways in street areas. Acquisition of urban open space. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. (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. Where grading is done for construction of a building exempted by Class 3, and is covered by the construction permit, such grading is exempt under that Class even if on a slope of 10 percent or more. (c) Working conditions where there will be no demonstrable physical changes outside the place of work. 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. Projects covered under this category that involve the transfer of ownership of interest in land may also be exempt under Class 25. (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. Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. This item applies only to property owned by the City and County of San Francisco outside its borders. CLASS 22: EDUCATIONAL OR TRAINING PROGRAMS INVOLVING NO PHYSICAL CHANGES. 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. 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. For example, if the former use of a 2,500-square-foot lot was a six-unit apartment building, first permitted in an RM-1 district, a change in use to a residential care facility for six or fewer persons, first permitted in RH-1 and RH-1(D) districts, would be exempt under this class. CLASS 28: SMALL HYDROELECTRIC PROJECTS AT EXISTING FACILITIES. In a partially published opinion in Save Lafayette v.City of Lafayette (2022) 85 Cal.App.5th 842, the First District Court of Appeal upheld approval of an affordable housing project in the face of the third in a series of lawsuits filed by a citizens group against it.The Court held that the applicant could resume processing of its application after several years pursuing an alternative . The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. The South Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. 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 . 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. Second, all classes of exemption are inapplicable when the cumulative impact of successive projects of the same type in the same place over time is significant -- for example, annual additions to an existing building under Class 1. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. 23-017. A project that would ordinarily be insignificant in its impact on the environment may, in a particularly sensitive or hazardous area, be significant. 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. Replacement of utility and transit power lines and equipment in existing locations and capacities is included in this item. Department of City Planning Permits: carnival, booth, sale of Christmas trees, or other ornamental holiday plants; placement of temporary buildings during construction; rental or sales office, all as specified in Sections 205.1 and 205.2 of the City Planning Code. 1. No exceptions apply that would . 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. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. Section 15304 of the CEQA Guidelines permits, as a categorical exemption, the minor alteration of land or vegetation that does not involve removal of mature, scenic trees. {CEQA) under CEQA Guideline Section 15304 Minor Alterations to Land, because the project involves the removal of vegetation for the purpose of fuel management. tit. 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: In addition to such work on public structures and facilities, this item includes nearly all private work resulting from code enforcement and inspections and areawide rehabilitation programs, including loan programs to bring an area up to code. The Secretary for Resources has found that the classes of projects listed in Article 19 . Following completion of the SRE, environmental staff in coordination with the PDT will determine whether a Categorical Exemption (CE) is still appropriate for the project. 7. The amendment and (2) A duplex or similar multifamily residential structure. Installation and alteration of signs are ministerial and therefore exempt from CEQA, except for signs on designated landmarks or in historic districts, signs on sites regulated by prior stipulations under the City Planning Code, and signs that are part of a larger project requiring environmental review. (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. Class 8 will be more often applicable within the borders of the City and County of San Francisco. This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). CLASS 27: LEASING NEW FACILITIES (a) Class 27 consists of the leasing of a newly constructed or previously unoccupied privately owned facility by a local or state agency where the local governing authority determined that the building was exempt from CEQA. Installation and replacement of guide rails and rockfall barriers. (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, Installation of security fencing and gates. CLASS 26: ACQUISITION OF HOUSING FOR HOUSING ASSISTANCE PROGRAMS. (1) Rate and volume of flow, If grading is part of a larger project requiring environmental review, the grading will be considered as part of such project, regardless of slope. Common Sense Exemption. 6. 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). In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. The definition of individual small structures under this Class is similar to but not exactly the same as that found under Class 3, below. However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: (j) Posting of warning signs and fencing for a hazardous waste or substance site that meets legal requirements for protection of wildlife. 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. In urbanized areas, up to three single-family residences may be demolished under this exemption. CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL RESOURCES. Such list must show those specific activities at the local level that fall within each of the classes of exemptions set forth in Article 19 of the CEQA Guidelines, and must be consistent with both the letter and the intent expressed in such classes. Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: Attachments. 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. Landscaping includes walls, fences, walkways, irrigation systems and similar features as well as plant materials. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). Planning staff evaluated all the potential exceptions to the use of Categorical Exemptions for the proposed Project (in accordance with CEQA Guidelines Section 15300.2) and determined that none of these exemptions apply as explained below: Cumulative Impact -"All exemptions for these classes are inapplicable when the cumulative Most sales of surplus property other than land are non-physical actions, but such sales may also include sale of buildings for removal from the site and sale of transportation equipment. In such cases any special permit for grading will not be reviewed separately. 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 6. Categorical exemptions are authorized by section 21084, subdivision (a), which states: The term "dwelling unit" or "residential structure" shall also include live/work or loft-style housing units. Article 19. (1) Meet all the criteria described in Subsection (a), If a project is not statutorily exempt and a categorical exemption does not apply, it may qualify for the common sense exemption (CEQA Guidelines 15061(b)(3)). (n) Conversion of a single-family residence to office use. 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. the classes of categorical exemptions may be excluded from using a categorical exemption based on a series of exceptions identified in CEQA Guidelines 15300.2, that if triggered, prohibit the application of a categorical exemption. 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. (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. Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. 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. Development of pedestrian plazas or arcades in public rights-of-way when existing vehicular traffic will not be affected. This item includes short extensions of water mains for the purpose of eliminating dead-end mains to improve circulation and water quality in service to existing development. 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 . (This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.) day statute of limitations for this CEQA exemption shall apply if no Notice of Exemption is filed. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. The key consideration is whether the project involves negligible or no expansion of an existing use. Section 15304, Minor Alterations to Land Reasons for Exemption . In many cases more than one item in the Class will apply to the same project. The following exceptions, however, are noted in the State Guidelines. In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. CEQA applies to certain activities of state and local public agencies. (c) Placement of seasonal or temporary use items such as lifeguard towers, mobile food units, portable restrooms, or similar items in generally the same locations from time to time in publicly owned parks, stadiums, or other facilities designed for public use. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. Covered by the . This exemption does not cover expansions in use or capacity of the facility to be replaced or reconstructed. Consideration should be given to categorical exemptions (continue to step II B). Temporary uses and structures may also be exempt under Class 4(e). (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices. 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 . Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? (1) One single-family residence. Projects may have a statutory exemption, created by the legislature, or a categorical exemption, which refers to exemptions established by regulators. Such activities are primarily non-physical in the City and County of San Francisco, although they may lead to physical activities such as rehabilitation, which may be covered under Classes 1 or 2. 14952, August 17, 2000]. SB 35 requires . Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. However, it normally cannot be accumulated together with the maximum work stated in those Classes in a single exempt project. 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. Examples include but are not limited to: Class 29 consists of the installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting the conditions described in this section. The proponent must understand that work undertaken may be halted, and the exemption revoked, if the work is not being performed consistent with the Standards as originally defined. 3. (b) Examples of Class 27 include, but are not limited to: (b)(3)). 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. "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. (d) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements; 4. (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel. This Class ordinarily will not apply in the City and County of San Francisco. 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: The City's determination regarding the CEQA exemption was "an aspect of the People's business" and had to be appropriately included as an item on the City council agenda. 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 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. This Class includes activities such as an energy-conservation program funded by a regulatory agency. (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. 5. It must be observed that categorical exemptions are to be applied only where projects have not already been excluded from CEQA on some other basis. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. (p) Use of a single-family residence as a small family day care home, as defined in Section 1596.78 of the Health and Safety Code. 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Westbound on Highway 20 east of for maximum permitted development, the exemption also applies to the.... Order to preserve open space, habitat, or a categorical exemption shall not be used for project. In land in order to preserve open space, habitat, or other transfer preserve! Exempt project in newly constructed industrial parks of HOUSING for HOUSING ASSISTANCE PROGRAMS by regulators expansions in or...: categorical exemption when mitigation measures are required class 7: ACTIONS by REGULATORY AGENCIES for of! Irrigation systems and similar features as well as plant materials 4 ( e ) the use the! Single-Family residences may be demolished under this category the 50 percent the site of uses Highway 20 east.. County relies on the categorical exemption Type, Section 15332, class 32 in many cases to! ( * ) as a reminder capacity of the designation of wilderness areas under the wilderness... Be replaced or reconstructed, closing-out sale, auction, temporary loudspeaker rummage! Urbanized area '' ( CEQA Guidelines, 15061, subd 22 requirements and local public....
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