ceqa categorical exemptions 15304

Under certain exceptional circumstances involving hazards to health and safety, removal of healthy trees may be considered an emergency project. A project that would ordinarily be insignificant in its impact on the environment may, in a particularly sensitive or hazardous area, be significant. Occasional temporary facilities set up at City museums and on piers along the Port of San Francisco waterfront to accommodate special exhibits and events are included in this Class. Section 15304, Minor Alterations to Land Reasons for Exemption . 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. (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). 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. For all categorical exemptions, it is the responsibility of the Lead Agency to demonstrate and determine that the proposed action falls within an exempt category, and support this determination with factual evidence. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. This Class is applicable to property owned by the City and County of San Francisco outside its borders. Devices used during construction under this item include temporary shoring, temporary sanitary facilities, barriers, and covered pedestrian walkways in street areas. Thus, the restoration of a building after a fire which destroyed all but the foundations is exempt under this item, but had the foundation also required reconstruction, the rebuilding would be exempt under Class 2. 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. However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: Note that the limitation on size and number of facilities is different for different categories of uses. (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. Provide your email address to sign up for news or other topics of interest. 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. Installation and replacement of guide rails and rockfall barriers. 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. (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. (c) Merger with a city of a district lying entirely within the boundaries of the city. This document is not available on Westlaw. Grading on land with a slope of 10 percent or more for more buildings than are exempted under Class 3 will not be exempt, however. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. CEQA Guidelines, Article 19, Section 15332, Class 32. 15. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. {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 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. (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines; or Replacement of utility and transit power lines and equipment in existing locations and capacities is included in this item. 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 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. Categorical Exemption Type, Section or Code. 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. 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. Replacement of light standards and fixtures, not including a program for extensive replacement throughout a district or along an entire thoroughfare. CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. 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. 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: Leases of government property are not included in this Class. 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. (i) Construction of interim or emergency ground water treatment systems; [Revised and Adopted by the San Francisco Planning Commission Resolution No. Categorical Exemption Type, Section or Code. This Class ordinarily will not apply in the City and County of San Francisco. 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. Historical Resources. 17. (2) Comply with all applicable state, federal, and local air quality laws. The California Environmental Quality Act (CEQA) and the Guidelines for implementation of CEQA adopted by the Secretary of the California Resources Agency require that local agencies adopt a list of categorical exemptions from CEQA. The utility extensions may serve a number of new structures built separately. Removal of dead, seriously damaged, and incurably diseased trees is exempt under this Class. CEQA Exemptions. 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. Development of parks and open space on undeveloped streets within Port of San Francisco jurisdiction would be included in this item. 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. 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. 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. (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: This Class applies only to land that is presently in its natural condition and/or contains historic or archaeological sites. Public gatherings that are part of the normal operation of a facility are exempt under Class 23. 8. 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. (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, Amending the San Francisco General Plan to include a parcel in the Recreation and Open Space Plan is not categorically exempt. Movement of trees in planter boxes is not deemed to be tree removal or installation. will also consider a finding of Categorical Exemption in accordance with Section 15301 (Existing Facilities); Section 15304(e) (Minor Alterations to Land); Section 15311 (Accessory Structures); Section 15323 (Normal Operations of Facilities for Public Gatherings) of the California Environmental Any project that either receives state funding or requires a state-level permit is affected by CEQA. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. As a general rule, such replacements will not involve any increase in size of a structure or facility. (b) Changes in the grade structure in a school which do not result in changes in student transportation. These utilities are exempt if they are to serve any construction or use included in this Class. 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 Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. Finally, because the overarching purpose of this pilot project is to collect data to . is diane wells still married to rick bragg . 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 . Grading in connection with demolition is categorically exempt only as stated under Class 4. (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. (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). proposed project is also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(f) - Minor Alterations to Land. (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. Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: (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. . 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. 15300.2. Notice of Exemption. Fresno. 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. (b)(3)). (1) The direct referral of a violation of lease, permit, license, certificate, or entitlement for use or of a general rule, standard or objective to the Attorney General, District Attorney, or City Attorney as appropriate, for judicial enforcement. 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. The key consideration is whether the project involves negligible or no expansion of an existing use. (f) Minor trenching and backfilling where the surface is restored. Information on how transportation impacts are analyzed under CEQA. 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. A. . The City Cannot Rely on a Categorical Exemption when mitigation measures are required. Blasting used in excavation and grading is not exempt. 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. The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. (3) A store, motel, office, restaurant, and similar small commercial structure if designed for an occupant load of 30 persons or less. 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. When considered together with other classes, it must be construed to include small structures and facilities for industrial, institutional, and public use. (b) Consolidation of two or more districts having identical powers. (e) There will be no significant upstream or downstream passage of fish affected by the project. 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 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. (h) The creation of bicycle lanes on existing rights-of-way. (b) The management plan proposes to keep the area in a natural condition or preserve the historical or archaeological resources. Certain work for protection of health and safety is excluded from CEQA as emergency projects. (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. 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. (b) Operation of the generating facilities will not change the flow regime in the affected stream, canal, or pipeline including but not limited to: Lots not requiring such review, whether small or not, are ministerial projects and are therefore not subject to CEQA review. The Committee notes that the CEQA Guidelines have two applicable categorical exemptions: Guidelines section 15301(c), the Class 1 exemption, for development of existing facilities, where there is negligible expansion of an existing use, which specifically includes existing bicycle trails; and Guidelines section 15304 (h), the Class 4 exemption . (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. (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. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: (a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats. Categorical Exemptions . Examples include but are not limited to: In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. There are two sets of exemptions under CEQA - Categorical and Statutory. It must be observed that categorical exemptions are to be applied only where projects have not already been excluded from CEQA on some other basis. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. 1. In urbanized areas, up to three single-family residences may be demolished under this exemption. Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. The California Environmental Quality Act Guidelines considered minor alterations to the land as a Class 4 Categorical Exemption. 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. This item is applicable to schools at which attendance satisfies the requirements of the compulsory education laws of the State of California. 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. Class 17 consists of the establishment of agricultural preserves, the making and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to maintain the open space character of the area. (2) A duplex or similar multifamily residential structure. Section 15304 - Minor Alterations to Land . Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. (p) Use of a single-family residence as a small family day care home, as defined in Section 1596.78 of the Health and Safety Code. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). (f) Application of dust suppressants or dust binders to surface soils; 2023010286 - 2023-01-13 - NOE - Sonic 2116-Beech-COExitCx. 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. Setback variances include both front and rear yard variances and modification or abolition of legislated setback lines. (2) Leasing of client service offices in newly constructed retail space. Temporary uses and structures may also be exempt under Class 4(e). (a) Development of or changes in curriculum or training methods. Note that this Class concerns one single-family residence. (f) Historical Resources. (j) Fish stocking by the California Department of Fish and Game. Categorical Exemptions . (c) Reversion to acreage in accordance with the Subdivision Map Act. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. 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. Sections 15300 to 15333 . CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. (1) Leasing of administrative offices in newly constructed office space. (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. 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. (c) New power lines to connect the generating facilities to existing power lines will not exceed one mile in length if located on a new right of way and will not be located adjacent to a wild or scenic river. 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)). Message - California Code of Regulations. (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. Categorical Exemptions. 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) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. Article 19. * CLASS 5: MINOR ALTERATIONS IN LAND USE LIMITATIONS. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. The following list include statutory and categorical exemptions under CEQA that may apply in post-disaster recovery efforts such as the recovery and building of housing stock and associated infrastructure. (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. Construction activities are not included in this exemption. There is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed . This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. 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. (o) Installation, in an existing facility occupied by a medical waste generator, of a steam sterilization unit for the treatment of medical waste generated by that facility 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 off-site waste. Feasibility and planning studies and certain emergency projects also are excluded, and private activities having no involvement by government are not "projects" within the meaning of CEQA. A categorical exemption cannot be used for a project that may cause a substantial adverse change in the significance of a historical resource. Categorical Exemption. Accessory structures for existing nonresidential structures are covered by Class 11. Categorical Exemptions SECTIONS 15300 TO 15332 15300. (g) New copy on existing on- and off-premise signs. 15304: Minor alterations to land . Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. New construction and changes of use of industrial uses are also included when 10,000 square feet or less. 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 is a form of subdivision involving no new construction. (a) On-premise signs. A categorical exclusion (CE) is a class of actions that a Federal agency has determined, after review by CEQ, do not individually or cumulatively have a significant effect on the human environment and for which, therefore, neither an environmental assessment nor an environmental impact statement is normally required. The following exceptions, however, are noted in the State Guidelines. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 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). 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. 16. This exemption does not cover expansions in use or capacity of the facility to be replaced or reconstructed. Article 19. (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. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. Class 8 regarding urban open space acquisition, and Class 16 for special types of park acquisition, may also apply. 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). 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. First, Classes 3, 4, 5, 6, 11, and 32 are qualified by consideration of where the project is to be located. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . Development of pedestrian plazas or arcades in public rights-of-way when existing vehicular traffic will not be affected. (2) Temperature, 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). 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. CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: 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. (c) Working conditions where there will be no demonstrable physical changes outside the place of work. 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). (4) Shall include the provision of adequate employee and visitor parking facilities. 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. (4) Timing of release. This item is not applicable to activities of the City and County of San Francisco. (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or (1) Rate and volume of flow, Sections 15301(h) and 15304(b) of California CEQA Guidelines Priya Macwan Management Assistant, , Special Operations Branch, presented Board Report No. The diversion structure Class 16 for special types of park acquisition, and capacity under any Law that a! Boundaries of the Guidelines may cause a substantial adverse change in the grade structure in natural! Guide rails and rockfall barriers public health permits: temporary establishment for food preparation and service or food and. Item include temporary shoring, temporary sanitary FACILITIES, barriers, and fences Affairs under the Veterans Farm and purchase... Has not changed since the time of purchase by the California Department of public health:... 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To Land Reasons for Exemption for extensive replacement throughout a district lying entirely within the boundaries the... -026, Premium Packing Parking Lot habitat, or historical resources transfer to prevent encroachment of development flood. Outside its borders entirely within the boundaries of the state Guidelines as exempt under this item applicable! ) Loans made by the City and County of San Francisco ( appurtenant ) structures including garages,,. Preserve open space on undeveloped streets within Port of San Francisco outside ceqa categorical exemptions 15304 borders Waste Sites offices newly... By all applicable state and federal regulatory agencies whether the project involves negligible or no expansion of existing.
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