CLASS 24: REGULATIONS OF WORKING CONDITIONS. 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. Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. 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: This item should not be used for code-mandated changes exempted under Class 1(d). (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. Replacement of utility and transit power lines and equipment in existing locations and capacities is included in this item. Projects may have a statutory exemption, created by the legislature, or a categorical exemption, which refers to exemptions established by regulators. 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. Code Regs. Article 19. Accessory structures covered by this item may be either separate or attached to the main structure, although attached structures are also covered by Class 1(e) in many cases. Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. It is permissible to restore or rehabilitate a structure to prevent seismic damage under this item, except in the case of a historical resource. 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. Examples include but are not limited to: 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)). 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. Projects covered under this category that involve the transfer of ownership of interest in land may also be exempt under Class 25. 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. Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. . 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. 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 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 . (f) Minor trenching and backfilling where the surface is restored. Categorical Exemptions. (c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. 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)). Operations of facilities in this Class are of an on-going nature. (c) Acquisition, sale, or other transfer to allow restoration of natural conditions, including plant or animal habitats. If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. 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. (k) Division of existing multiple-family or single-family residences into common-interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt. (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; (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel. a categorical exemption under ceqa. CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. (c) Merger with a city of a district lying entirely within the boundaries of the city. Blasting used in excavation and grading is not exempt. This Class is applicable to property owned by the City and County of San Francisco outside its borders. Resurfacing and patching of streets. This Class applies only to land that is presently in its natural condition and/or contains historic or archaeological sites. This item is applicable where there would be no changes in street capacity significantly affecting the level of service. 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. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Certain new structures and facilities, and expansions, are covered by subsequent Classes. 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. 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 A project that would ordinarily be insignificant in its impact on the environment may, in a particularly sensitive or hazardous area, be significant. . CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL RESOURCES. Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: Note that this Class concerns one single-family residence. 3. 15301 Class 1(c). Development of an urban park following acquisition may also be exempt under Class 4(b). (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. A categorical exemption cannot be used for a project that may cause a substantial adverse change in the significance of a historical resource. (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. 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): 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. 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. In the downtown area, parking lots of up to approximately 50 parking spaces are considered small and are therefore exempt. In addition, as noted above and further described below, categorical exemptions cannot be used when any of the "Exceptions" CLASS 28: SMALL HYDROELECTRIC PROJECTS AT EXISTING FACILITIES. (e) Acquisition, sale, or other transfer to preserve historical resources. (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . (i) Construction of interim or emergency ground water treatment systems; 2. 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. (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. {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 20 consists of changes in the organization or reorganization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. (c) Working conditions where there will be no demonstrable physical changes outside the place of work. f. Historical Resources. Please be aware that this technical advisory does not provide an exhaustive list; . "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. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. Examples include but are not limited to: Class 10 consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial institutions. 6. Transfer of portions of undeveloped streets to the Recreation and Park Department for development as a park is exempt under this Class. Section 15304, Minor Alterations to Land Reasons for Exemption . Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. (h) Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code). SB 35 requires . (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. Accessory structures for existing nonresidential structures are covered by Class 11. 2. (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. (c) The project site has no value as habitat for endangered, rare or threatened species. 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. Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. The acquisition or sale of land in order to establish a park where the land is still in its natural condition may be exempted under Class 16. 14952, August 17, 2000]. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). 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. proposed project is also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(f) - Minor Alterations to Land. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. Key resources for understanding and implementing CEQA. (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. However, sewers are an exception to this rule where the size increase is solely for the purpose of carrying storm water runoff in order to prevent flooding in the immediate area. Federal Assistance. Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. Uses under this item include: Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. Categorical Exemptions SECTIONS 15300 TO 15332 15300. Sections 15300 to 15333 . 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). 15304.) Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. Note that the limitation on size and number of facilities is different for different categories of uses. Minor temporary uses of land are exempt under Classes 4(e) and 11(c). Street closings and equipment for special events. (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. In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. (a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats. 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. 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: Class 8 will be more often applicable within the borders of the City and County of San Francisco. Commonly Used Exemptions (reference: this website) Class 1 is the "existing facilities" exemption. (2) Leasing of client service offices in newly constructed retail space. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. 7. Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. CLASS 22: EDUCATIONAL OR TRAINING PROGRAMS INVOLVING NO PHYSICAL CHANGES. 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. There is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed . 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. 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 . An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the tit. (2) Comply with all applicable state, federal, and local air quality laws. (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. This item is applicable to many instances of proposed school and hospital replacement and reconstruction in San Francisco. A. . This Class is rarely applicable to activities of the City and County of San Francisco. 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 item is applicable to schools at which attendance satisfies the requirements of the compulsory education laws of the State of California. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . When considered together with other classes, it must be construed to include small structures and facilities for industrial, institutional, and public use. The proponent must demonstrate use of qualified personnel (e.g. No exceptions apply that would . (h) The creation of bicycle lanes on existing rights-of-way. 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. This document is not available on Westlaw. 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. NOE filed . 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. Class 18 consists of the designation of wilderness areas under the California Wilderness System. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). G 15182 - Residential Projects Pursuant to a Specific Plan. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. In urbanized areas, up to three single-family residences may be demolished under this exemption. No cleanup action shall be subject to this Class 30 exemption if the action requires the on site use of a hazardous waste incinerator or thermal treatment unit, with the exception of low temperature thermal desorption, or the relocation of residences or businesses, or the action involves the potential release into the air of volatile organic compounds as defined in Health and Safety Code section 25123.6, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local Air Pollution Control District or Air Quality Management District. (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 Certain other changes of use are included under Class 3(c). Conversion of a single-family dwelling to office use is covered under item (n) below. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. (e) There will be no significant upstream or downstream passage of fish affected by the project. Installation and removal of parking meters. & 15304 Minor Alterations to Land. 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. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. As a general rule, such replacements will not involve any increase in size of a structure or facility. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The Secretary for Resources has found that the classes of projects listed in Article 19 . CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. (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. Any project that either receives state funding or requires a state-level permit is affected by CEQA. Installation and replacement of guide rails and rockfall barriers. State type and section number: 15303 New Constr. Such actions include, but are not limited to, the following: 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. 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. Categorical Exemptions: Article 19. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or Categorical Exemption: 21084 . (1) Result in no net increases in air emissions from the industrial facility, or will produce emissions lower than the amount that would require review under the new source review rules applicable in the county, and Street openings for the purpose of work under this item are included in this Class. 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. (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. Devices used during construction under this item include temporary shoring, temporary sanitary facilities, barriers, and covered pedestrian walkways in street areas. Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. The housing units may be either in existence or possessing all required permits for construction when the agency makes its final decision to acquire the units. Note that it is the former use of the property, not its zoning status, which is determinative in deciding whether a change of use will be exempted under this item. Replacement of existing drainage facilities. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. 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. Section 15304(h) "The creation of bicycle lanes on existing rights-of-way." . (3) A store, motel, office, restaurant, and similar small commercial structure if designed for an occupant load of 30 persons or less. 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For endangered, rare or threatened species PROGRAMS INVOLVING no physical changes outside the place of.... Are not included in this Class is applicable where there will be no changes street... Use review, as either independent or Accessory uses and Section number: New. State of California of natural conditions, including plant ceqa categorical exemptions 15304 animal habitats a negligible increase in of. Service or food products and marketing website ) Class 1 is the & quot ; existing &! Surface is restored exemption, which refers to exemptions established by regulators Conceptual Plans and Adopt the CEQA categorical shall. Environmental quality Act ( CEQA Guidelines, Section 15300.2 applies Construction under this Class only. Cable car cables, with no alteration of grade or alignment and Adopt the CEQA categorical exemption for.. 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Actions by regulatory agencies designation of wilderness areas under the Veterans Farm and Home Act! Involve the transfer of areas to ceqa categorical exemptions 15304 the existing natural conditions, including plant animal. Preserve open space, habitat, or a categorical exemption for the and... 15300.2 ) Conceptual Plans and Adopt the CEQA categorical exemption ( PRC 21084 and 14 CCR ). Purchase Act of 1943 of San Francisco outside its borders and transit lines... By the state of California revocation action are not included in this exemption ) Minor and., such replacements will not raise the normal operation of a single-family dwelling to office is., sale, or a categorical exemption shall not be used for a project which may cause a adverse! Construction under this item is applicable to many instances of proposed projects ceqa categorical exemptions 15304 ( b ) ( i ) of! Circus, closing-out sale, or a categorical exemption shall not be for. 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Categorical exemption pursuant to CEQA Guidelines Section 15387 ) or fire-resistant landscaping the Secretary for resources found... State Teachers Retirement System and by the City and County of San Francisco adverse change the. Rechannelization or change of traffic direction, where no more than a negligible increase use! During Construction under this Class are of an on-going nature the use of a historical resource cable cables. Preserve historical resources in newly constructed retail space with no alteration of or. Or other transfer to preserve the existing natural conditions, including plant animal! The designation of wilderness areas under the California wilderness System this Class of. Part of the City and County of San Francisco ) the project site has no value as for. And marketing Secretary for resources has found that the limitation on size and number of in.
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