There are no facts or circumstances specific to this project that would . 8. This item also includes development activities involved in the creation of new parks when the creation of a new park is not outside standards for exemption set forth in this or other classes. When considered together with other classes, it must be construed to include small structures and facilities for industrial, institutional, and public use. 14 15302, see flags on bad law, and search Casetext's comprehensive legal database 15304.) Uses under this item include: 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. Lighting in parks and playgrounds and around buildings may be regarded as a safety or health protection device under this item, provided such lighting does not produce excessive glare. 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. CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. (1) Rate and volume of flow, In the downtown area, parking lots of up to approximately 50 parking spaces are considered small and are therefore exempt. (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: CLASS 26: ACQUISITION OF HOUSING FOR HOUSING ASSISTANCE PROGRAMS. (d) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements; 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. Fresno. Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. 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. 23-017. New construction and changes of use of industrial uses are also included when 10,000 square feet or less. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. G 15182 - Residential Projects Pursuant to a Specific Plan. Common Sense Exemption. The term "operation" includes all running and management of existing structures, facilities and programs, including continuing legal non-conforming uses beyond the original termination date whether such running and management has physical effects or not, and whether or not the activities are continuous. 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). (c) The project site has no value as habitat for endangered, rare or threatened species. Projects may have a statutory exemption, created by the legislature, or a categorical exemption, which refers to exemptions established by regulators. TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . Replacement of existing drainage facilities. 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). 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. (j) Fish stocking by the California Department of Fish and Game. There are two sets of exemptions under CEQA - Categorical and Statutory. This item is applicable where there would be no changes in street capacity significantly affecting the level of service. 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. (n) Conversion of a single-family residence to office use. State type and section number: 15303 New Constr. * CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. The Director of CDFW has concurred with the lead agency determination by the California Natural Resources Agency that the Bombay Beach Wetland Enhancement Project (PDF) (opens in new tab) qualifies as a statutorily exempt restoration project under the California Environmental Quality Act (CEQA). Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. 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. 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. (g) New copy on existing on- and off-premise signs. (b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. (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. Section 15304, Minor Alterations to Land Reasons for Exemption . Accessory structures for existing nonresidential structures are covered by Class 11. (h) Pumping of leaking ponds into an enclosed container; Under certain exceptional circumstances involving hazards to health and safety, removal of healthy trees may be considered an emergency project. (a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats. On-premise signs may also be exempt under Class 1(g). This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions. (1) One single-family residence. (b) Maintenance or stabilization of berms, dikes, or surface impoundments; Attachments. Categorical Exemption: 21084 . (a) One single-family residence, or a second dwelling unit in a residential zone. An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). 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. Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. CEQA Guidelines. 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)). (a) The property does not have significant values for wildlife habitat or other environmental purposes, and Although occupant loads are not specified for all small commercial uses by local ordinances and regulations, the capacity of 30 persons or less shall be calculated on the basis of the type of use and the floor space available for customers and employees, using the standards of the San Francisco Building Code where applicable. Class 29 consists of the installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting the conditions described in this section. Class 25 includes open space acquisition in some special circumstances. 1. (3) A store, motel, office, restaurant, and similar small commercial structure if designed for an occupant load of 30 persons or less. 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. Class 22 consists of the adoption, alteration, or termination of educational or training programs which involve no physical alteration in the area affected or which involve physical changes only in the interior of existing school or training structures. NOE filed . (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 Continue Reading. CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. (2) Comply with all applicable state, federal, and local air quality laws. 7. (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. Such actions include, but are not limited to, the following: Examples of such minor cleanup actions include but are not limited to: Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. This Class is applicable to property owned by the City and County of San Francisco outside its borders. 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 . 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. The numbers of structures described in this section are the maximum allowable on any legal parcel. 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. Holiday decorations. This item covers accessory structures for both existing and new residential structures. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the As a general rule, such replacements will not involve any increase in size of a structure or facility. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. (This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.) Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide, regional, or areawide concern identified in Section 15206(b)(4). a categorical exemption under ceqa. Construction activities are not included in this exemption. 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. (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. 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). (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. (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. 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. Examples include but are not limited to: Transfer of portions of undeveloped streets to the Recreation and Park Department for development as a park is exempt under this Class. Categorical Exemptions . G 15183 - Projects . Categorical Exemptions . (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Street openings for the purpose of work under this item are included in this Class. Covered by the . Replacement of utility and transit power lines and equipment in existing locations and capacities is included in this item. Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: This Class is applicable to property owned by the City and County of San Francisco outside its borders. (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. 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. 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: (B) The area in which the project is located is not environmentally sensitive. (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, 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 Class 10 includes but is not limited to the following examples: CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. Resurfacing and patching of streets. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or This Class, as a whole, includes a wide range of activities concerning existing structures and facilities. Temporary uses and structures may also be exempt under Class 4(e). (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. Water supply reservoirs under this item supplement the water systems under Class 1(b) above. 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. These utilities are exempt if they are to serve any construction or use included in this Class. (b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. 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). Street reconstruction within existing curb lines. No exceptions apply that would . Major Development Agreements and Projects, Historic Preservation Commission Hearings. "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. 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. It's free to sign up and bid on jobs. Categorical Exemption. . The addition of portable classrooms is included in this exemption. (b) Hours of work, or 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. The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. 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 . In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. Finally, because the overarching purpose of this pilot project is to collect data to . (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. 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. Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. (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 This Class is for the most part non-physical, but it also includes such activities as test borings; soil, water, and vegetation sampling; and materials testing in facilities and structures. Categorical Exclusions. Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. The CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) are administrative regulations governing implementation of the California Environmental Quality Act. District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). (e) The site can be adequately served by all required utilities and public services. The proponent must demonstrate use of qualified personnel (e.g. To be considered eligible under this Class, a project must be clearly defined by the project proponent as a rehabilitation that is consistent with the Secretary's Standards. (c) Reversion to acreage in accordance with the Subdivision Map Act. (i) Construction of interim or emergency ground water treatment systems; 1. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 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. Search for jobs related to Ceqa categorical exemptions 15303 or hire on the world's largest freelancing marketplace with 20m+ jobs. CLASS 25: TRANSFERS OF OWNERSHIP OF INTEREST IN LAND TO PRESERVE EXISTING NATURAL CONDITIONS. NO: Preliminary CEQA analysis is required There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. Blasting used in excavation and grading is not exempt. A categorical exemption cannot be used for a project that may cause a substantial adverse change in the significance of a historical resource. 4. Such encroachments may include the following: (a) The capacity of the generating facilities is five megawatts or less, (l) Demolition and removal of individual small structures listed in this subsection; or threatened plant or animal species or significant erosion and sedimentation of surface waters.This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection . (c) Acquisition, sale, or other transfer to allow restoration of natural conditions, including plant or animal habitats. 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. (State CEQA Guidelines 15300.2) (a) Development of or changes in curriculum or training methods. 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. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). 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. December 30, 2022. 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. School additions are further covered by Class 14. This exemption shall also apply to leases and concessions of all departments, boards, and commissions. 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: v. City & County of San Francisco (Nov. 18, 2022, A164629) . (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. In St. Ignatius Neighborhood Assn. However, it normally cannot be accumulated together with the maximum work stated in those Classes in a single exempt project. Development of an urban park following acquisition may also be exempt under Class 4(b). 2. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. 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 "same site" shall be deemed to mean the same lot or lots as were occupied by the original structure(s). Operations of facilities in this Class are of an on-going nature. (1) Meet all the criteria described in Subsection (a), 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. (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. (a) The management plan for the park has not been prepared, or 15304: Minor alterations to land . (2) 10,000 square feet if: CEQA review: Categorical Exemption per Section 15304(b) Project Planner: Jeremy Loh FAST TRACK HEARING 10:15 AM 27790 Stirrup Way - File #SD22-0032 - Lands of Parikh Fast Track Permit for a new 5,000 square-foot residence with 2,861 square-foot basement; increased maximum height (27-11") and increased setbacks. 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