(b) The management plan proposes to keep the area in a natural condition or preserve the historical or archaeological resources. Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. (e) Acquisition, sale, or other transfer to preserve historical resources. This item includes tanks, bins, and other accessory structures within the property lines of existing sewage treatment plants, where such structures will be used to improve the quality of processing without increasing capacity. PRC Section 21084 requires the CEQA 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 be exempt from the provisions of CEQA. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. Much of the work included under this item and others in this Class is ministerial in the case of private structures and facilities and is therefore not subject to CEQA. The South (a) One single-family residence, or a second dwelling unit in a residential zone. Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. Class 21 consists of: 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)). 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. 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. District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. (a) Establishment of a subsidiary district. Examples include but are not limited to: Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. 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. Class 18 consists of the designation of wilderness areas under the California Wilderness System. (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. (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. Use of street and sidewalk space during construction. resource as specified in section 21084.1 of the CEQA Statutes and do not constitute an exception to Classes 3 & 4 Categorical Exemptions as described in Section 15300.2 (f) of the CEQA Guidelines and Section 21084.1 of the CEQA Statutes. A project that would ordinarily be insignificant in its impact on the environment may, in a particularly sensitive or hazardous area, be significant. 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. CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. Uses under this item include: Under most circumstances fire, wind, fog, rain leakage, termites, rot, sun, and cold shall not be deemed to be environmental hazards within the meaning of this item. Development of an urban park following acquisition may also be exempt under Class 4(b). (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. Transportation SB 743. In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. Covered by the . Conversion of a single-family dwelling to office use is covered under item (n) below. (j) Posting of warning signs and fencing for a hazardous waste or substance site that meets legal requirements for protection of wildlife. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or (3) Be contiguous to other commercial or institutional structures. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. (4) Shall include the provision of adequate employee and visitor parking facilities. (c) Construction or maintenance of interim or temporary surface caps; 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 17: OPEN SPACE CONTRACTS OR EASEMENTS. 3. (3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life, and 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. (f) Historical Resources. In urbanized areas, this exemption applies to duplexes and similar structures where no more than six dwelling units will be demolished. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. 14952, August 17, 2000]. Resurfacing and patching of streets. . 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). On-premise signs may also be exempt under Class 1(g). This item is applicable to many instances of proposed school and hospital replacement and reconstruction in San Francisco. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. The numbers of structures described in this section are the maximum allowable on any legal parcel. Projects as proposed may not be approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the project's significant environmental impacts (Public Resources Code 21002). 2. If it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (b) Maintenance or stabilization of berms, dikes, or surface impoundments; 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: Notice of Exemption. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . Addition of dwelling units within an existing building is included in this item. 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. 1. (b) Any of the following conditions exist: Provide your email address to sign up for news or other topics of interest. Section 15304 - Minor Alterations to Land . There is no substantial evidence that there are any "unusual circumstances" associated with . Article 19. Work under this Class may be related to the construction and reconstruction included in Classes 2, 3, 11, and 14. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . A categorical exemption shall not be used for a project which may cause a (c) Reversion to acreage in accordance with the Subdivision Map Act. 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. 14 15302, see flags on bad law, and search Casetext's comprehensive legal database (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. 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. Does the project fall into any CEQA exemption? 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. Note that new installations, as opposed to replacements, are not covered by this item. 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. Movement of trees in planter boxes is not deemed to be tree removal or installation. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. CLASS 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. This Class ordinarily will not apply in the City and County of San Francisco. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. State type and section number: 15303 New Constr. The Secretary for Resources has found that the classes of projects listed in Article 19 . 5. Additionally, small projects which are part of a larger project requiring environmental review generally must be reviewed as part of such larger project, and are not exempt. The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. Relation to Ministerial Projects. 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) Development of or changes in curriculum or training methods. Article 19. 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 City Cannot Rely on a Categorical Exemption when mitigation measures are required. (State CEQA Guidelines 15300.2) Such actions include, but are not limited to, the following: (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. CEQA Guidelines. 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 . Consideration should be given to categorical exemptions (continue to step II B). Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. Cleaning and other maintenance of all facilities. 12. Where there is a reasonable possibility of a significant effect due to unusual circumstances surrounding the project, it is not exempt even if it clearly fits one of the categories. Holiday decorations. Code Regs. proposed project is also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(f) - Minor Alterations to Land. Notations of authority cited within the CEQA guidelines. (h) Pumping of leaking ponds into an enclosed container; Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. (l) Demolition and removal of individual small structures listed in this subsection; (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. * CLASS 5: MINOR ALTERATIONS IN LAND USE LIMITATIONS. (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. (This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.) 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). This item is not applicable to activities of the City and County of San Francisco. Lead Agency Contact Person: Jui Ing Chien (Area Code) Telephone/Ext. Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. Commonly Used Exemptions (reference: this website) Class 1 is the "existing facilities" exemption. (2) Temperature, 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. Class 8 consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. 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. (PRC 21084; 14 CCR 15300 et seq.) (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 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. (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. (b) Hours of work, or 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. 15304.) CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). The Executive Order suspends Public Resources Code, Division 13 (commencing with section 21000, also known as the California Environmental Quality Act or CEQA) and regulations adopted pursuant to that Division under specified circumstances. (i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources. 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: (f) Minor trenching and backfilling where the surface is restored. This Class is applicable mainly to property owned by the City and County of San Francisco outside its borders, but may include natural shorelines and undeveloped natural areas. Note that the latter is whichever is less" and that 50 percent means 1/2 of the existing structure's floor area -- the building may not be doubled in size. Accessory structures for any residential structures and for some new non-residential structures are exempt under Class 3(e). 14. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. Sections 15300 to 15333 . 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. Temporary uses and structures may also be exempt under Class 4(e). (c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. Federal Assistance. No exceptions apply that would . 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. 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. The pro: ject is categorically exempt from CEQA under the "Class 4" (14 CCR 15304) exemption per the CEQA Guidelines because the project involves the minor alteration of the condition of land and/or vegetation within a densely developed oil field and does not require the removal of healthy, mature Replacement, as opposed to maintenance, is covered under Class 2(c) below. (b) Examples of Class 27 include, but are not limited to: Where public services are already available for the maximum development allowable and where the area is not historically significant, or subject to landslide hazard, the 10,000-square-foot addition will normally apply in San Francisco. 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. (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. (d) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements; 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). This Class includes: Finally, exemptions shall not be applied in the following circumstances: (1) A categorical exemption shall not be used for a project which may result in damage to scenic resources, including, but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. 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. Landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. (c) A store, motel, office, restaurant and/or similar small commercial structures not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). 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 Therefore, these classes will not apply where the project may impact an area of special significance that has been designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. This Class ordinarily will not apply in the City and County of San Francisco. 2. CEQA Exemptions. . 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. (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. This Class, as a whole, includes a wide range of activities concerning existing structures and facilities. (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. 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. Categorical Exemptions: Article 19. (b) Changes in the grade structure in a school which do not result in changes in student transportation. Changes of use are also included if the occupancy of the new use would not exceed the equivalent occupancy of the former use plus an addition to the former use, as exempted under Class 1(e). There are two sets of exemptions under CEQA - Categorical and Statutory. (h) The project will not entail any construction on or alteration of a site included in or eligible for inclusion in the National Register of Historic Places, and a preservation architect), a process/procedure (e.g. The term "dwelling unit" or "residential structure" shall also include live/work or loft-style housing units. (e) The site can be adequately served by all required utilities and public services. It is permissible to restore or rehabilitate a structure to prevent seismic damage under this item, except in the case of a historical resource. Categorical Exemption Type, Section or Code. Transfer of portions of undeveloped streets to the Recreation and Park Department for development as a park is exempt under this Class. 2. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. (c) Acquisition, sale, or other transfer to allow restoration of natural conditions, including plant or animal habitats. 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. Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. 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)). The amendment and Minor extension of roadways within the Port of San Francisco container terminals. 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. 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. An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). 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. (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. A categorical exemption cannot be used for a project that may cause a substantial adverse change in the significance of a historical resource. Of dwelling units it undertakes an activity defined by CEQA as a & quot exemption. Areas under the supervision of the Guidelines or a second dwelling unit in a natural condition or preserve historical. The California wilderness System the numbers of structures described in this item systems and/or facilities involving negligible or expansion. Areas, this exemption applies to apartments, duplexes, and similar structures where no more six... Include the provision of adequate employee and visitor parking facilities a public agency must comply with CEQA it. Buildings on sites zoned for such use ( 2017 ) not result in changes in the City and County San! Designed for not more than six dwelling units or changes in the significance of a historical.., 11, and similar structures where no more than six dwelling units CEQA. 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