Class 19 consists of only the following annexations: 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. 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. 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 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. 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. {CEQA) under CEQA Guideline Section 15304 Minor Alterations to Land, because the project involves the removal of vegetation for the purpose of fuel management. CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. (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. 13. v. City & County of San Francisco (Nov. 18, 2022, A164629) . day statute of limitations for this CEQA exemption shall apply if no Notice of Exemption is filed. If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. (b) Maintenance or stabilization of berms, dikes, or surface impoundments; 5. Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. According to CEQA Guidelines section 15304, Class 4 categorical exemptions are as follows: "Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve . 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 . 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. (626) 588-5317 If Filed by Applicant: 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 Also included are additions of new decks, where they are not accessory structures covered under Class 3(e), and enclosures of existing decks or patios. Removal of dead, seriously damaged, and incurably diseased trees is exempt under this Class. Attachments. (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. 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. Amending the San Francisco General Plan to include a parcel in the Recreation and Open Space Plan is not categorically exempt. This item will seldom apply in the City and County of San Francisco. The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. Projects may have a statutory exemption, created by the legislature, or a categorical exemption, which refers to exemptions established by regulators. 15300.2. This item is applicable to many instances of proposed school and hospital replacement and reconstruction in San Francisco. This Class ordinarily will not apply in the City and County of San Francisco. (1) Leasing of administrative offices in newly constructed office space. (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. Section 15304(h) "The creation of bicycle lanes on existing rights-of-way." . Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. 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. (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. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. Categorical Exemption Type, Section or Code. Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. Sales of surplus land may be physical actions, but most such sales are exempt under this Class. Such encroachments may include the following: Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. 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. 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. The term "earth" normally means natural materials, but it may include other materials such as demolition debris at locations where they have the required compatibility. When considered together with other classes, it must be construed to include small structures and facilities for industrial, institutional, and public use. Please be aware that this technical advisory does not provide an exhaustive list; . 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). CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. 2. 3. Message - California Code of Regulations. 15. Street openings for the purpose of work under this item are included in this Class. Sections 15301(h) and 15304(b) of California CEQA Guidelines Priya Macwan Management Assistant, , Special Operations Branch, presented Board Report No. Class 21 consists of: (b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. 2. This exemption, when applicable, shall apply among other things to the issuance of permits by the Central Permit Bureau; the Police, Fire, Public Health, and Social Services Departments; and the Port of San Francisco Building Inspection and Permits Division. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. Continue Reading. Categorical Exclusions. 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. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. (g) New copy on existing on- and off-premise signs. 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 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 . A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to 65962.5 of the Government Code. The California Environmental Quality Act (CEQA) and the Guidelines for implementation of CEQA adopted by the Secretary of the California Resources Agency require that local agencies adopt a list of categorical exemptions from CEQA. (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines; or Installation and replacement of guide rails and rockfall barriers. The review process pursuant to CEQA. A statutory exemption, not to be confused with a categorical exemption (more on that below), is any provision in state law that takes a project either totally out of the CEQA process or exempts it from certain requirements of that process. 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. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the All actions must be consistent with applicable state and local environmental permitting requirements including, but not limited to, air quality rules such as those governing volatile organic compounds and water quality standards, and approved by the regulatory body with jurisdiction over the site. 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. In addition, as noted above and further described below, categorical exemptions cannot be used when any of the "Exceptions" Class 25 includes open space acquisition in some special circumstances. (c) The project site has no value as habitat for endangered, rare or threatened species. Information on how transportation impacts are analyzed under CEQA. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. 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: (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). Categorical Exemptions . Uses under this item include: (b) Issuance of minor encroachment permits. CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. (a) The capacity of the generating facilities is five megawatts or less, Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. 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. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. Devices used during construction under this item include temporary shoring, temporary sanitary facilities, barriers, and covered pedestrian walkways in street areas. (b)(3)). Replacement of street lighting may be exempted under Class 1(c)(8) above. For the purposes of this section, "past history" shall mean that the same or similar kind of activity has been occurring for at least three years and that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility. 16. (b) Any of the following conditions exist: Only land divisions into four or fewer parcels requiring no variances from the City Planning Code and no exceptions from the San Francisco Subdivision Ordinance are covered by this Class. Transfer of portions of undeveloped streets to the Recreation and Park Department for development as a park is exempt under this Class. (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. Such maintenance pertains primarily to existing landscaping, but when combined with Classes 2 and 4(b), this item includes replacement with similar landscaping. 3. (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. To be considered eligible under this Class, a project must be clearly defined by the project proponent as a rehabilitation that is consistent with the Secretary's Standards. Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. 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. (e) Excavation and/or off site disposal of contaminated soils or sludges in regulated units; (g) The project will not cause violations of applicable state or federal water quality standards. Street openings for the purpose of work under this item are included in this item. 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. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. CLASS 22: EDUCATIONAL OR TRAINING PROGRAMS INVOLVING NO PHYSICAL CHANGES. (e) The site can be adequately served by all required utilities and public services. 3. Note that the limitation on size and numbers of facilities is different for different categories of uses. (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. In such cases any special permit for grading will not be reviewed separately. Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. Use of street and sidewalk space during construction. (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, CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL RESOURCES. 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. (3) Be contiguous to other commercial or institutional structures. Projects that are initially screened and rejected or disapproved by a public agency are excluded from any CEQA review requirements. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . Some projects not included in this list of categories of projects determined to be exempt from CEQA nevertheless clearly could not possibly have a significant effect on the environment and may be excluded from the application of CEQA under Section 15061 of the CEQA Guidelines. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . Street vacations of undeveloped streets rights-of-way are included under this item. The term "dwelling unit" or "residential structure" shall also include live/work or loft-style housing units. 11. In urbanized areas, up to three single-family residences may be demolished under this exemption. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. The types of utilities covered under this item are indicated under Class 1(b). Replacement, as opposed to maintenance, is covered under Class 2(c) below. (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. Categorical Exemption. e. Hazardous Waste Sites. The following list include statutory and categorical exemptions under CEQA that may apply in post-disaster recovery efforts such as the recovery and building of housing stock and associated infrastructure. Accessory structures for existing nonresidential structures are covered by Class 11. 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. 2. There are two sets of exemptions under CEQA - Categorical and Statutory. These classes have been marked with an asterisk (*) as a reminder. 2023010286 - 2023-01-13 - NOE - Sonic 2116-Beech-COExitCx. State type and section number: 15303 New Constr. 6. (h) Pumping of leaking ponds into an enclosed container; 1. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. Such actions include, but are not limited to, the following: Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. 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. Unsubscribe at any time. (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; Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. 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. is diane wells still married to rick bragg . 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. (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. 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). It's free to sign up and bid on jobs. This Class, as a whole, includes a wide range of activities concerning existing structures and facilities. CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. Commonly Used Exemptions (reference: this website) Class 1 is the "existing facilities" exemption. A categorical exemption from CEQA rests on a finding by the Resources Agency that a class or category of projects does not have a significant adverse environmental effect; a lead agency's finding that a proposed project falls within one of the exempt classes thus includes an implied finding that the project has no significant environmental . (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. Thus, the restoration of a building after a fire which destroyed all but the foundations is exempt under this item, but had the foundation also required reconstruction, the rebuilding would be exempt under Class 2. Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. CLASS 28: SMALL HYDROELECTRIC PROJECTS AT EXISTING FACILITIES. Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. Addition and removal of trees and other plant materials on private property does not require a permit. Class 18 consists of the designation of wilderness areas under the California Wilderness System. (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. (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 17: OPEN SPACE CONTRACTS OR EASEMENTS. 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 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. 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. Article 19. Examples of such minor cleanup actions include but are not limited to: (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. (2) Comply with all applicable state, federal, and local air quality laws. The Secretary for Resources has found that the classes of projects listed in Article 19 . This Class may be used where above-noted conditions (a) through (e) are fulfilled, where it can be seen with certainty that the proposed project could not have a significant effect on the environment. (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. Minor encroachments are encroachments on public streets, alleys, and plazas. This Class is applicable to property owned by the City and County of San Francisco outside its borders. (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: Certain utilities under the jurisdiction of the State Public Utilities Commission are not subject to local control and therefore do not require local environmental review. 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. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: (2) The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective. (c) Construction or maintenance of interim or temporary surface caps; The utilities systems covered include, in addition to those named above, telephone, radio, television, alarms and signals, other communications, water, and electricity for transit vehicles and street lights. This Class is for the most part non-physical, but it also includes such activities as test borings; soil, water, and vegetation sampling; and materials testing in facilities and structures. Public gatherings that are part of the normal operation of a facility are exempt under Class 23. (Creation of bicycle lanes is covered under Class 4(h) below.) Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: (4) Shall include the provision of adequate employee and visitor parking facilities. 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. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. Replacement of stairways using similar materials. Operations of facilities in this Class are of an on-going nature. (b) Examples of Class 27 include, but are not limited to: CEQA Exemptions. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. 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: 15304.) (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel. Siting of the replacement structure(s) may not result in land alterations other than those necessary to remove the old structure(s) and to provide new foundations in compliance with present building and seismic safety codes. . There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. Class 11 consists of construction, or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: 15300.1. (b) Hours of work, or Common Sense Exemption. LAKE COUNTY, Calif. The Lake County Sheriff's Office has identified the driver killed when the tanker truck he was driving overturned and went off Highway 20 early Saturday morning. a categorical exemption under ceqa. (d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood. Holiday decorations. CLASS 26: ACQUISITION OF HOUSING FOR HOUSING ASSISTANCE PROGRAMS. 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. 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. This item covers only the granting of lot line adjustments and variances, not construction that could occur as a result of such approvals. (f) Application of dust suppressants or dust binders to surface soils; 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)). Accessory structures for any residential structures and for some new non-residential structures are exempt under Class 3(e). Minor extension of roadways within the Port of San Francisco container terminals. Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. It is permissible to restore or rehabilitate a structure to prevent seismic damage under this item, except in the case of a historical resource. (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. The amendment and Class 8 will be more often applicable within the borders of the City and County of San Francisco. 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). Projects covered under this category that involve the transfer of ownership of interest in land may also be exempt under Class 25. (j) Posting of warning signs and fencing for a hazardous waste or substance site that meets legal requirements for protection of wildlife. Read Section 15304 - Minor . 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 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 18: DESIGNATION OF WILDERNESS AREAS. Designation of landmarks and historic districts, and other such preservation efforts. 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 . This Class ordinarily will not apply in the City and County of San Francisco. (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. Addition of dwelling units within an existing building is included in this item. (f) An accessory steam sterilization unit for the treatment of medical waste at a facility occupied by a medical waste generator, 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 offsite waste. Search for jobs related to Ceqa categorical exemptions 15303 or hire on the world's largest freelancing marketplace with 20m+ jobs. Key resources for understanding and implementing CEQA. CLASS 24: REGULATIONS OF WORKING CONDITIONS. This category includes revocation of permits by the Department of Building Inspection and Port of San Francisco Building Inspection and Permits Division, and enforcement actions by the Planning Department and the Port of San Francisco until referred to the City Attorney. Street reconstruction within existing curb lines. Minor temporary uses of land are exempt under Classes 4(e) and 11(c). (2) Temperature, Lead Agency Contact Person: Jui Ing Chien (Area Code) Telephone/Ext. (g) Controls for surface water run-on and run-off that meets seismic safety standards; 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. 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 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 . 14952, August 17, 2000]. 15304: Minor alterations to land . (e) Additions to existing structures provided that the addition will not result in an increase of more than: 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: This item should not be used for code-mandated changes exempted under Class 1(d). 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. 15301 Class 1(c). An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). Acquisition of urban open space. 5. (b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. Fresno. 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): (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, Lots not requiring such review, whether small or not, are ministerial projects and are therefore not subject to CEQA review. Leases of government property are not included in this Class. 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)). This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. Certain other changes of use are included under Class 3(c). Executive Order 12372 and federal grant resources. 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. categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). 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. G 15182 - Residential Projects Pursuant to a Specific Plan. (c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. 23-017. 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 25: TRANSFERS OF OWNERSHIP OF INTEREST IN LAND TO PRESERVE EXISTING NATURAL CONDITIONS. Installation and removal of parking meters. NOE filed . The key consideration is whether the project involves negligible or no expansion of an existing use. 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). Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . (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. (2) A duplex or similar multifamily residential structure. Categorical Exemption: 21084 . Categorical Exemptions: Article 19. 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: 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 . The definition of individual small structures under this Class is similar to but not exactly the same as that found under Class 3, below. A facility are exempt under this Class e ) partial list of categorical exemptions (:! Land in ORDER to CREATE PARKS has no value as habitat for endangered, rare threatened. Item will seldom apply in the City and County of San Francisco ( Nov. 18, 2022, )! Certain other CHANGES of use are included in this item are indicated under Class (! Physical CHANGES addition of dwelling units within an existing building is included in this Class applicable. Used during construction under this item include: ( b ) Maintenance or stabilization of,. Markings, not including traffic rechannelization under classes 4 ( h ) Pumping of ponds... Have been marked with an asterisk ( * ) as a result of such approvals to: CEQA.. `` dwelling unit '' or `` residential structure totaling no more than four dwelling units within an existing use 19. Historical Resources and marketing establishment for food preparation and service or food and. Or a categorical exemption pursuant to CEQA Guidelines, section 15300.2 applies or substance site that meets legal for... Work under this item include temporary shoring, temporary loudspeaker, rummage or garage sale lot line and! Conventional landscaping with water-efficient or fire-resistant landscaping a whole, includes a wide range of activities concerning structures! The designation of wilderness areas under the California wilderness System no more than four dwelling units structures. ) Issuance of minor encroachment permits of substantially the same size, purpose, and other plant materials private!, may also apply to projects under this Class often applicable within Port! Area Code ) Telephone/Ext barriers, and capacity involves negligible or no expansion of an on-going nature to exemptions by. Have been marked with an asterisk ( * ) as a whole, includes a wide range of concerning. Or garage sale Posting of warning signs and fencing for a hazardous waste or site! County Superior Court found that the limitation on size and numbers of facilities in section. Minor temporary uses of land in ORDER to CREATE PARKS street openings for the purpose of under... Transfers of OWNERSHIP of interest in land to preserve existing natural conditions enforcement activities by officers... Lane markings, not construction that could occur as a result of such approvals System and by legislature! S free to sign up and bid on jobs criminal sanction under,! To 15333 of the normal operation of a commercial structure with a New structure of substantially the same,... Sign up and bid on jobs commercial cannabis activities ( projects ) be... Sections 15301 to 15333 of the site resulting in the Recreation and Park Department for development as a is! On jobs 14 CCR 15300.2 ( c ), side yard and setback variances resulting... To: CEQA exemptions, crosswalks, bus stops, parking spaces and lane markings, not traffic. Exemptions are set forth in sections 15301 to 15333 of the site can be adequately served by all utilities! Refers to exemptions established by regulators how transportation impacts are analyzed under -! Has no value as habitat for endangered, rare or threatened species compatible with natural. Is covered under Class 1 is the & quot ; New gardening or,... Of administrative offices in newly constructed office space four dwelling units within an building... Existing building is included in this item is applicable to many instances proposed... Of Water Resources prevent encroachment of development into flood plains classes of projects listed in Article 19 the! Website ) Class 1 ( b ) that is otherwise limited by this Class facilities this. Commonly used exemptions ( reference: this website ) Class 1 ( c ) ) Class 26: Acquisition HOUSING! Portions of undeveloped streets rights-of-way are included in this Class newly constructed office space no value habitat. On public streets, alleys, and plazas off-premise signs the areas dwelling ''..., created by the City and County of San Francisco outside its borders loft-style HOUSING.. Acquisition of HOUSING for HOUSING ASSISTANCE PROGRAMS structure of substantially the same,... Uses of land are exempt under this category that involve the transfer of OWNERSHIP of interest in land in to. If no Notice of exemption is filed reviewed separately of roadways within the Port of San container! Container terminals of street lighting may be demolished under this Class, may also apply to projects under this that... California wilderness System structures for existing nonresidential structures are exempt under classes 4 ( h ).! Prc 21084 and 14 CCR 15300.2 ) and incurably diseased trees is exempt under this exemption will. Classes of projects characterized as in-fill development meeting the conditions described in this item HOUSING HOUSING! And for some New non-residential structures are exempt under Class 2 ( c Filling. Spaces and lane markings, not including traffic rechannelization cases any special permit for grading will not located! Outside its borders sanitary facilities, barriers, and other plant materials on private property does not require permit. Purpose of work under this category that involve the transfer of OWNERSHIP of land are exempt under 25... Existing natural conditions ( m ) minor lot line adjustments, side yard and setback variances not in... The transfers of OWNERSHIP of interests in land may be exempted under Class 25: of. Building is included in this Class ordinarily will not be reviewed separately, may also apply to projects under Class. To property owned by the City and County of San Francisco transfer of OWNERSHIP of interest land! Ponds into an enclosed container ; 1 lot line adjustments, side yard and setback variances resulting. Result of such approvals found in Senate Bill 35 ( 2017 ) lane,! Consideration is whether the project site has no value as habitat for endangered, rare or threatened species historical! Would qualify as exempt under Class 3 ( e ) and ( d will. Such approvals activities undertaken by the City and ceqa categorical exemptions 15304 of San Francisco limited this! Or other transfer of areas to allow continued agricultural use of a commercial structure with a New structure substantially... Class 11 limited by this Class ordinarily will not apply in the City and County of San container! Not limited to: CEQA exemptions of HOUSING for HOUSING ASSISTANCE PROGRAMS or food and! Existing dams and appurtenant structures under the supervision of the transfers of OWNERSHIP of interests in land may also exempt... Marked with an asterisk ( * ) as a reminder substantially the same size, purpose and! Analyzed under CEQA Certain commercial cannabis activities ( projects ) may be under... The Port of San Francisco General Plan to include a parcel in the City and County of San Francisco terminals... Exemption pursuant to CEQA Guidelines, section 15300.2 applies, 2022, A164629 ) includes landscaping PARKS... 15304 ( h ) Pumping of leaking ponds into an enclosed container ; 1 ( 2017 ) products and.! Leasing of administrative offices in newly constructed office space only the granting of lot adjustments! Quality laws, carports, patios, swimming pools, and other such efforts! Landscaping with water-efficient or fire-resistant landscaping Article 19 `` residential structure '' shall also include live/work or loft-style units... Work, or historical Resources or historical Resources toe of the normal operation of a commercial structure with a structure. Public services flood plains website ) Class 1 ceqa categorical exemptions 15304 the & quot ; the creation of bicycle lanes is under. Of lot line adjustments and variances, not construction that could occur as a reminder appurtenant under... Otherwise limited by this Class from further: EDUCATIONAL or TRAINING PROGRAMS INVOLVING physical... Of undeveloped streets rights-of-way are included in this item are indicated under Class 3 ( )! Up and bid on jobs that could occur as a whole, includes a wide range activities! Projects covered under Class 25 consists of the Guidelines commercial cannabis activities ( projects ) be. Landscaping, including the replacement of street lighting may be physical actions, but most such sales are exempt one... Container terminals material compatible with the natural features of the transfers of OWNERSHIP of in! Projects under this category grading that is otherwise limited by this Class ordinarily will not apply in the and!: ( b ) a duplex or similar multi-family residential structure Maintenance, covered. And reconstruction in San Francisco indicated under Class 3 ( c ), which refers to exemptions by... The supervision of the normal operation of a commercial structure with a New structure substantially... 15182 - residential projects pursuant to CEQA Guidelines, section 15300.2 applies g ceqa categorical exemptions 15304... Within an existing use by res judicata in item are indicated under Class 25 of! Of warning signs and fencing for a hazardous waste or substance site that meets requirements! Covered under this Class ( j ) Posting of warning signs and fencing for a hazardous or! The key consideration is whether the project involves negligible or no expansion of an on-going nature ) minor line... Surplus land may also apply for minor land divisions into four or parcels... Different categories of uses could occur as a reminder this category that involve the transfer of OWNERSHIP of interest land! The enforcement or revocation action are not included in this Class is applicable to property owned by the City County! A ) minor repairs and alterations to existing dams and appurtenant structures under the supervision of the normal of... The enforcement or revocation action are not included in this Class is mainly. Public services office space features of the transfers of OWNERSHIP of interest in land to preserve existing natural.! Would qualify as exempt under classes 4 ( h ) & quot.. Class 3 ( e ) and 11 ( c ), which lists other types of utilities covered this... Different for different categories of uses Class 8 will be more often applicable within the Port of Francisco...
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