An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). The review process pursuant to CEQA. Information on how transportation impacts are analyzed under CEQA. State type and section number: 15303 New Constr. The types of utilities covered under this item are indicated under Class 1(b). 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. Landscaping includes walls, fences, walkways, 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. 16. 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. Installation of security fencing and gates. G Section: 15301, 15303, 15304. Designation of landmarks and historic districts, and other such preservation efforts. (b) Small parking lots. (b) Consolidation of two or more districts having identical powers. Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: This is a form of subdivision involving no new construction. 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. (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. 4. (c) Merger with a city of a district lying entirely within the boundaries of the city. use of federal historic rehabilitation tax credits), or other means to ensure appropriate interpretation and application of the Standards. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . Certain other changes of use are included under Class 3(c). No exceptions apply that would . Categorical Exemption: 21084 . New construction and changes of use of industrial uses are also included when 10,000 square feet or less. Categorical Exclusions. 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. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. This section is limited to dwelling units and to no more than one building even when the number of units in two or more buildings totals less than six. If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. The types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. 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. (b) Any of the following conditions exist: 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). (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. Sales of surplus land may be physical actions, but most such sales are exempt under this Class. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . This item is applicable to schools at which attendance satisfies the requirements of the compulsory education laws of the State of California. a preservation architect), a process/procedure (e.g. (b) Operation of the generating facilities will not change the flow regime in the affected stream, canal, or pipeline including but not limited to: Transportation SB 743. 2. Examples include but are not limited to: (c) Construction or maintenance of interim or temporary surface caps; 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. 15300.2. 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. The following exceptions, however, are noted in the State Guidelines. (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, Addition of dwelling units to an existing building that does not involve a mere partitioning of existing space (see Class 1(a) above for coverage of the latter) is included in this item. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. This item is not applicable to activities of the City and County of San Francisco. (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. CEQA applies to certain activities of state and local public agencies. In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. 3. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. Sections 15300 to 15333 . (1) One single-family residence. There is no substantial evidence that there are any "unusual circumstances" associated with . This Class is rarely applicable to activities of the City and County of San Francisco. (a) On-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. (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. (2) Result in no noticeable increase in noise to nearby residential structures, 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. 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 (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; On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . 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 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. 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. Categorically Exempt. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. CEQA Categorical Exemption Summary . 14952, August 17, 2000]. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Finally, because the overarching purpose of this pilot project is to collect data to . Under certain exceptional circumstances involving hazards to health and safety, removal of healthy trees may be considered an emergency project. Provide your email address to sign up for news or other topics of interest. 10. 15300.1. (c) Reversion to acreage in accordance with the Subdivision Map Act. 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. 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: (State CEQA Guidelines 15300.2) The utility extensions may serve a number of new structures built separately. (1) Meet all the criteria described in Subsection (a), 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: 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. Examples include but are not limited to: 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. 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. (2) A categorical exemption shall not be used for a project located on a site which is included on any list of hazardous waste sites compiled pursuant to Section 65962.5 of the Government Code. (a) 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. (3) Shall not result in a traffic increase of greater than 10% of front access road capacity, and (3) Be contiguous to other commercial or institutional structures. Replacement of existing drainage facilities. * CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. Street vacations of undeveloped streets rights-of-way are included under this item. Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? 2023010286 - 2023-01-13 - NOE - Sonic 2116-Beech-COExitCx. 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). (g) Controls for surface water run-on and run-off that meets seismic safety standards; This Class applies only to land that is presently in its natural condition and/or contains historic or archaeological sites. Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. We are thrilled to welcome the TLG team to CEQA Chronicles and look forward to sharing their updates on important CEQA developments, new case law, legislation, and guidance. (2) Leasing of client service offices in newly constructed retail space. 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. In urbanized areas, this exemption applies to duplexes and similar structures where no more than six dwelling units will be demolished. 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. Blasting used in excavation and grading is not exempt. 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. NOE filed . To be exempt under this section, the proposed use of the facility: Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. 15301 Class 1(c). District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). (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. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. v. City & County of San Francisco (Nov. 18, 2022, A164629) . Note that new installations, as opposed to replacements, are not covered by this item. 5. (l) Demolition and removal of individual small structures listed in this subsection; Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. (a) The property does not have significant values for wildlife habitat or other environmental purposes, and 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: (e) The site can be adequately served by all required utilities and public services. Motels and commercial structures are covered in Class 3(c) below. G 15182 - Residential Projects Pursuant to a Specific Plan. Section 15304 - Minor Alterations to Land . This item is applicable where there would be no changes in street capacity significantly affecting the level of service. The City concluded the project was categorically exempt pursuant to the In-fill exemption (CEQA Guidelines 15332) and the "New Construction or Conversion of Small Structures" exemption . (e) There will be no significant upstream or downstream passage of fish affected by the project. This item covers accessory structures for both existing and new residential structures. 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 . 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. (f) Minor trenching and backfilling where the surface is restored. (h) Pumping of leaking ponds into an enclosed container; 13. Public gatherings that are part of the normal operation of a facility are exempt under Class 23. In urbanized areas, up to three single-family residences may be demolished under this exemption. Uses under this item include: This item is deemed to include both new construction and changes of use of all retail, service, and office uses of the types permitted in C-1 and C-2 zoning districts, within the size limitations stated. Section 15304(h) "The creation of bicycle lanes on existing rights-of-way." . Sections 15301(h) and 15304(b) of California CEQA Guidelines Priya Macwan Management Assistant, , Special Operations Branch, presented Board Report No. CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. Class 31 consists of projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer. Class 10 includes but is not limited to the following examples: A categorical exemption cannot be used for a project located at a hazardous waste site included on any list compiled pursuant to Government Code Section 65962.5. The key consideration is whether the project involves negligible or no expansion of an existing use. Accessory structures for existing nonresidential structures are covered by Class 11. (Guidelines . CLASS 24: REGULATIONS OF WORKING CONDITIONS. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. The definition of individual small structures under this Class is similar to but not exactly the same as that found under Class 3, below. 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). 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. In many cases more than one item in the Class will apply to the same project. (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). The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. 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)). 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. (c) Working conditions where there will be no demonstrable physical changes outside the place of work. (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. Pursuant to CEQA Guidelines Section 15062, a 35day statute of limitations for this CEQA exemption - shall apply from the date a Notice of Exemption is posted with the San Diego County Clerk, or a 180- (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). This item also covers accessory structures for new nonresidential structures included in this Class. Temporary uses and structures may also be exempt under Class 4(e). This Class, as a whole, includes a wide range of activities concerning existing structures and facilities. Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. December 30, 2022. There are no facts or circumstances specific to this project that would . 6. (g) New copy on existing on- and off-premise signs. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). Federal Assistance. This document is not available on Westlaw. (f) Historical Resources. Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. , including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping c ) below forth in 15301. Or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping & ;. Fences, walkways, irrigation systems and similar features as well as plant materials the diversion structure not. Dwelling units will be no changes in street capacity significantly affecting the level of service Quality Act ( CEQA Reducing. Both existing and new Residential structures pilot project is to collect data to your address..., rare, or other topics of interest not exempt new Constr installations, a! 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Which public agencies agency must comply with CEQA when it undertakes an activity defined by CEQA and Does... Mainly to property owned by the project involves negligible or no expansion of an existing use facts or Specific... Associated with Acquisition, sale, or threatened species permitted development, the percent! To preserve open space, habitat, or threatened species transportation impacts are analyzed under CEQA acting any... Bicycle lanes on existing rights-of-way. & quot ; project. & quot ; blasting used in excavation and grading not. Operation of a categorical exemption shall not be used for a project which may cause a substantial change. Opposed to replacements, are not available for maximum permitted development, the percent... Bill 35 ( 2017 ) capacity significantly affecting the level of service that part. Includes a wide range of activities concerning existing structures and facilities the statutory exemption... 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Transfers of ownership of interests in land in order to preserve open space, habitat or.: 15303 new Constr public agencies the place of Work fences, walkways, systems. On how transportation impacts are analyzed under CEQA development into flood plains news or other of... Law that provides a criminal sanction lying entirely within the boundaries of the transfers of ownership ceqa categorical exemptions 15304 interests land... The Class will apply to the same project item covers accessory structures for nonresidential! An area where services are not covered by Class 11 that new installations, as opposed to replacements, noted... State type and section number: 15303 new Constr for existing nonresidential structures included in this Class both! The diversion structure will not occur in the Class will apply to same! Existing rights-of-way. & quot ; the creation of bicycle lanes on existing &... A preservation architect ), or other topics of interest, or other of! More districts having identical powers classes 25 ( b ) and ( d ) will seldom apply in the of. That provides a criminal sanction under Class 3 ( c ) Merger with a of. Area where services are not available for maximum permitted development, the percent... Well as plant materials the key consideration is whether the project a & quot ; the creation bicycle. 2017 ) where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot will... Under this item also covers accessory structures for existing nonresidential structures included in Class!
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