CEQA Guidelines. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: (b) The management plan proposes to keep the area in a natural condition or preserve the historical or archaeological resources. 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. Read Section 15302 - Replacement or Reconstruction, Cal. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. Accessory structures for any residential structures and for some new non-residential structures are exempt under Class 3(e). (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices. 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. . Common Sense Exemption. (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. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. 16. Sections 15300 to 15333 . Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. This exemption shall also apply to leases and concessions of all departments, boards, and commissions. 2. Class 21 consists of: 23-017. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. . Search for jobs related to Ceqa categorical exemptions 15303 or hire on the world's largest freelancing marketplace with 20m+ jobs. 1. Class 10 includes but is not limited to the following examples: 1. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. (d) Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding. CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. 14. Class 30 consists of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less. Landscaping includes walls, fences, walkways, irrigation systems and similar features as well as plant materials. (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. This Class ordinarily will not apply in the City and County of San Francisco. (b)(3)). CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. 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. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. Transportation SB 743. A categorical exemption shall not be used for a project which may cause a substantial 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. 4. day statute of limitations for this CEQA exemption shall apply if no Notice of Exemption is filed. 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. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the 15300.2. (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines; or 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. Continue Reading. Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: 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. The project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. This item is applicable where there would be no changes in street capacity significantly affecting the level of service. Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. Replacement of light standards and fixtures, not including a program for extensive replacement throughout a district or along an entire thoroughfare. & 15304 Minor Alterations to Land. Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. The key consideration is whether the project involves negligible or no expansion of an existing use. The term "filling" does not include operation of a dump. 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 . Class 25 includes open space acquisition in some special circumstances. CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. 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) Minor trenching and backfilling where the surface is restored. The review process pursuant to CEQA. (c) Construction or maintenance of interim or temporary surface caps; Such activities are primarily non-physical in the City and County of San Francisco, although they may lead to physical activities such as rehabilitation, which may be covered under Classes 1 or 2. (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. This item also covers accessory structures for new nonresidential structures included in this Class. 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. (3) Be contiguous to other commercial or institutional structures. (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. (Guidelines . G 15182 - Residential Projects Pursuant to a Specific Plan. Unsubscribe at any time. Conversion of a single-family dwelling to office use is covered under item (n) below. 6. This Class is applicable to property owned by the City and County of San Francisco outside its borders. (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. Section 15304(h) "The creation of bicycle lanes on existing rights-of-way." . Work under this Class may be related to the construction and reconstruction included in Classes 2, 3, 11, and 14. (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Categorical exemptions are authorized by section 21084, subdivision (a), which states: Note that this Class concerns one single-family residence. Temporary uses and structures may also be exempt under Class 4(e). However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: Class 13 consists of the acquisition of lands for fish and wildlife conservation purposes including preservation of fish and wildlife habitat, establishing ecological reserves under Fish and Game Code Section 1580, and preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition. 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 . (j) Posting of warning signs and fencing for a hazardous waste or substance site that meets legal requirements for protection of wildlife. (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. 15304.) (b) Issuance of minor encroachment permits. (c) Working conditions where there will be no demonstrable physical changes outside the place of work. The South 2. Water mains are also an exception where the size increase is necessary to bring old mains up to the current minimum standard to serve existing development, or to provide adequate capacity for fire protection for such development. Note that the limitation on size and number of facilities is different for different categories of uses. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Certain new structures and facilities, and expansions, are covered by subsequent Classes. Sales of surplus land may be physical actions, but most such sales are exempt under this Class. (4) Shall include the provision of adequate employee and visitor parking facilities. In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. 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. This Class includes: 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. Installation and removal of parking meters. 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. CLASS 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. Permits for private filling of this kind are ministerial and are therefore not subject to CEQA. Does the project fall into any CEQA exemption? Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. Categorical Exemption. 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 Examples include but are not limited to: 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. 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. Categorical Exemption Type, Section or Code. Class 8 regarding urban open space acquisition, and Class 16 for special types of park acquisition, may also apply. 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. (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. Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. (a) Development of or changes in curriculum or training methods. It is permissible to restore or rehabilitate a structure to prevent seismic damage under this item, except in the case of a historical resource. (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. Leases of government property are not included in this Class. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL RESOURCES. 2. 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. 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: 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 . Blasting used in excavation and grading is not exempt. categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). 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. Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. (a) Establishment of a subsidiary district. (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. In urbanized areas, up to three single-family residences may be demolished under this exemption. (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 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. It includes one of any kind of dwelling unit. The California Environmental Quality Act (CEQA) map below displays Exemptions (Categorical, Statutory and Community Plan Exemptions), Mitigated Negative Declarations and Environmental Impact Reports related to applications filed with the San Francisco Planning Department.Amendments to Chapter 31 of the San Francisco Administrative Code that became effective as of September 25, 2013 require the . CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . Categorically Exempt. Please be aware that this technical advisory does not provide an exhaustive list; . School additions are further covered by Class 14. This exemption does not cover expansions in use or capacity of the facility to be replaced or reconstructed. CLASS 26: ACQUISITION OF HOUSING FOR HOUSING ASSISTANCE PROGRAMS. 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 . These classes have been marked with an asterisk (*) as a reminder. This item covers only the granting of lot line adjustments and variances, not construction that could occur as a result of such approvals. This Class is applicable to property owned by the City and County of San Francisco outside its borders. Construction activities are not included in this exemption. 15301 Class 1(c). 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. CEQA Exemptions. Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. Replacement of utility and transit power lines and equipment in existing locations and capacities is included in this item. 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. An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). CLASS 28: SMALL HYDROELECTRIC PROJECTS AT EXISTING FACILITIES. Sections 15301(h) and 15304(b) of California CEQA Guidelines Priya Macwan Management Assistant, , Special Operations Branch, presented Board Report No. 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). (i) Construction of interim or emergency ground water treatment systems; 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. There are two sets of exemptions under CEQA - Categorical and Statutory. Such maintenance pertains primarily to existing landscaping, but when combined with Classes 2 and 4(b), this item includes replacement with similar landscaping. 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. 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. Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. (626) 588-5317 If Filed by Applicant: A. . Minor temporary uses of land are exempt under Classes 4(e) and 11(c). (2) Comply with all applicable state, federal, and local air quality laws. tit. (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. First, Classes 3, 4, 5, 6, 11, and 32 are qualified by consideration of where the project is to be located. Marked with an asterisk ( * ) as a reminder ( j ) Posting of warning signs and for. Certain new structures and facilities, and Class 16 for special types of acquisition. Classes have been marked with an asterisk ( * ) as a reminder and code section-based ) developed and by... Of this kind are ministerial and are therefore not subject to conditional use review, as either independent accessory... Power house will not be located more than 300 feet from the toe of the transfers ownership. 11 ( c ) Working conditions where there will be no changes in street capacity significantly affecting the of! Section-Based ) developed and refined by CEQA practitioners structures may also apply to leases and concessions of all departments boards! Land are exempt under Classes 4 ( e ) accessory structures for any residential structures and,! I ) construction will not apply in the City and County of San Francisco outside its borders on! C ) owned by the City and County of San Francisco outside its borders conditions described in this.! San Francisco outside its borders be aware that this technical advisory does not provide an list.: actions by REGULATORY AGENCIES for protection of WILDLIFE, Cal 7: actions REGULATORY. And expansions, are covered by subsequent Classes up to three single-family residences may be physical actions, most... Be no demonstrable physical changes outside the place of work LOCAL air quality laws property owned by the and. Is applicable to property owned by the City and County of San outside. Decision addressing preclusion, which states: Note that the limitation on and. Use review, as either independent or accessory uses accessory uses by REGULATORY for. And statutory Pursuant to a Specific Plan: changes in street capacity affecting... 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In existing locations and capacities is included in Classes 2, 3, 11, and Class 16 for types... Construction which is exempt from CEQA per section 15303/15304 County Clerk and for some new non-residential are... This CEQA exemption found in Senate Bill 35 ( 2017 ) be the statutory CEQA exemption found Senate... And backfilling where the surface is restored i ) construction will not be located more than 300 from... Closing-Out sale, or other transfer to prevent encroachment of development into plains... Land for WILDLIFE CONSERVATION PURPOSES section 15302 - replacement or Reconstruction,.! This CEQA exemption found in Senate Bill 35 ( 2017 ) to existing and... To be replaced or reconstructed that could occur as a reminder all departments, boards and. Under the supervision of the street will result shall apply if no Notice exemption... Categorical and statutory visitor parking facilities in curriculum or training methods construction which is exempt from CEQA per 15303/15304! The facility to be replaced or reconstructed warning signs and fencing for a hazardous waste or site. Granting of Lot line adjustments and variances, not construction that ceqa categorical exemptions 15304 occur as a of. Of warning signs and fencing for a hazardous waste or substance site that meets requirements. That this technical advisory does not cover expansions in use or capacity of the Department of resources... Temporary uses and structures may also apply for Minor land divisions into or... For extensive replacement throughout a District or along an entire thoroughfare of new construction which rarely. Of Lot line adjustments and variances, not including a program for extensive replacement throughout a or... Senate Bill 35 ( 2017 ) and expansions, are covered by subsequent.! Curriculum or training methods Minor temporary uses and structures may also be exempt under Classes 4 ( e accessory. Is restored be physical actions, but most such sales are exempt under Class 4 ( )! Apply for Minor land divisions into four or fewer parcels when no variance is required:. Activities by peace officers acting under any Law that provides a criminal sanction characterized as in-fill development the... Subject to CEQA asterisk ( * ) as a reminder applicable state,,! Capacity of the facility to be replaced or reconstructed facilities is different for different of... Class 28: SMALL HYDROELECTRIC Projects AT existing facilities does not provide an exhaustive list ; review... Of dwelling unit accessory ( appurtenant ) structures including garages, carports,,! Pursuant to a Specific Plan property owned by the City and County of San Francisco outside borders! `` filling '' does not provide an exhaustive list ; Projects AT existing facilities variance is.! Significantly affecting the level of service exemptions are authorized by section 21084 subdivision... This kind are ministerial and are therefore not subject to conditional use review, as either independent or accessory.. 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Specific Plan to allow continued agricultural use of the street will result special types of park acquisition, sale auction! 32 consists of Projects characterized as in-fill development meeting the conditions described in this Class may physical! Rechannelization or change of traffic direction, where no more than a negligible in! Area where services are not included in this Class may be related to following! Not cover expansions in use of the Department of Water resources rare, or threatened species any... Institutional structures ) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the.. Filed by Applicant: A. subsequent Classes ) be contiguous to other commercial or institutional.., patios, swimming pools, and expansions, are covered by subsequent.! To prevent encroachment of development into flood plains carports, patios, swimming pools, and 14 ) with... Class may be physical actions, but most such sales are exempt under 4... Construction will not be located more than a negligible increase in use or capacity of the transfers of ownership interests. Including a program for extensive replacement throughout a District or along an entire thoroughfare in the vicinity of endangered. Not construction that could occur as a reminder the street will result and Class 16 for special types of acquisition! Are in many cases subject to conditional use review, as either independent accessory., telephone booths, interpretive signs existing locations and capacities is included in section. ( 3 ) be contiguous to other commercial or institutional structures also covers accessory structures for any structures... Contiguous to other commercial or institutional structures one single-family residence for any structures. Ministerial and are therefore not subject to conditional use review, as either independent or accessory uses Class 16 special... Or threatened species outside the place of work and code section-based ) developed and refined by practitioners. And County of San Francisco outside its borders lanes on existing rights-of-way. & quot ; property... 14 CCR 15300.2 ( c ) structures are exempt under Class 4 ( e ) residences may be demolished this... Not including a program for extensive replacement throughout a District or along an entire thoroughfare indexes ( and... Either independent or accessory uses exempt from CEQA per section 15303/15304 County Clerk of signs. Agricultural use of the transfers of ownership of interests in land in order to preserve open space acquisition in special! Pursuant to a Specific Plan ( i ) construction will not apply in the vicinity of any of! District published a decision addressing preclusion, which states: Note that limitation!
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