(e) The site can be adequately served by all required utilities and public services. 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. Street closings and equipment for special events. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Accessory structures for existing nonresidential structures are covered by Class 11. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. a categorical exemption under ceqa. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. Such maintenance pertains primarily to existing landscaping, but when combined with Classes 2 and 4(b), this item includes replacement with similar landscaping. Key resources for understanding and implementing CEQA. Minor extension of roadways within the Port of San Francisco container terminals. CLASS 22: EDUCATIONAL OR TRAINING PROGRAMS INVOLVING NO PHYSICAL CHANGES. Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. 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. The proponent must demonstrate use of qualified personnel (e.g. 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. Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. (2) Leasing of client service offices in newly constructed retail space. 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). 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). 23-017. Uses under this item include: (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. 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. Certain work for protection of health and safety is excluded from CEQA as emergency projects. (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. Lots not requiring such review, whether small or not, are ministerial projects and are therefore not subject to CEQA review. In urbanized areas, up to three single-family residences may be demolished under this exemption. 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. (g) Controls for surface water run-on and run-off that meets seismic safety standards; Projects that are initially screened and rejected or disapproved by a public agency are excluded from any CEQA review requirements. There are currently 33 different categorical exemption classes, including the Class 32 Infill Development Exemption. Street openings for the purpose of work under this item are included in this Class. 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. 5. Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. This Class is applicable to property owned by the City and County of San Francisco outside its borders. 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. 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 . This exemption shall also apply to leases and concessions of all departments, boards, and commissions. 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. 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). 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. (3) A store, motel, office, restaurant, and similar small commercial structure if designed for an occupant load of 30 persons or less. A project that would ordinarily be insignificant in its impact on the environment may, in a particularly sensitive or hazardous area, be significant. Accessory structures for any residential structures and for some new non-residential structures are exempt under Class 3(e). 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. NOE filed . The amendment and The definition of individual small structures under this Class is similar to but not exactly the same as that found under Class 3, below. 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. CEQA applies to certain activities of state and local public agencies. 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 8 will be more often applicable within the borders of the City and County of San Francisco. (3) Be contiguous to other commercial or institutional structures. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). Certain actions are not considered "projects" under CEQA, and are exempt from the environmental review process because they "have been determined not to have a significant effect on the environment". Siting of the replacement structure(s) may not result in land alterations other than those necessary to remove the old structure(s) and to provide new foundations in compliance with present building and seismic safety codes. Construction activities are not included in this exemption. Note that the limitation on size and numbers of facilities is different for different categories of uses. (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. 15300.1. This Class is applicable to property owned by the City and County of San Francisco outside its borders. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. In the list that follows, the classes set forth in CEQA Guidelines Sections 15301 - 15332 are shownin bold italics,with further elaboration or explanation for applying these exemptions in San Francisco shown in normal upper- and lower-case type. (Pub. (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 tit. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. (Creation of bicycle lanes is covered under Class 4(h) below.) 6. CEQA Guidelines. Note that the limitation on size and number of facilities is different for different categories of uses. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. Categorical Exemptions. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . (e) Excavation and/or off site disposal of contaminated soils or sludges in regulated units; (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. In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. [Revised and Adopted by the San Francisco Planning Commission Resolution No. (d) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements; Section 15304(h) "The creation of bicycle lanes on existing rights-of-way." . (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. & 15304 Minor Alterations to Land. There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. 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. 4. There are two sets of exemptions under CEQA - Categorical and Statutory. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. is diane wells still married to rick bragg . This item is not applicable to activities of the City and County of San Francisco. 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. There are no facts or circumstances specific to this project that would . (b) Changes in the grade structure in a school which do not result in changes in student transportation. 15304.) 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. 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. 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 10 consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial institutions. Devices used during construction under this item include temporary shoring, temporary sanitary facilities, barriers, and covered pedestrian walkways in street areas. 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. There is no substantial evidence that there are any "unusual circumstances" associated with . (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. A categorical exemption shall not be used for a project which may cause a 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 . As a general rule, such replacements will not involve any increase in size of a structure or facility. The review process pursuant to CEQA. These classes have been marked with an asterisk (*) as a reminder. 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 . Installation and removal of parking meters. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. Projects may have a statutory exemption, created by the legislature, or a categorical exemption, which refers to exemptions established by regulators. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. 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). Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. Removal of dead, seriously damaged, and incurably diseased trees is exempt under this Class. Categorical Exemptions . An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. (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. NO: Preliminary CEQA analysis is required The City Cannot Rely on a Categorical Exemption when mitigation measures are required. Sales of surplus land may be physical actions, but most such sales are exempt under this Class. 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. 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. 15. Categorical Exclusions. This item also covers accessory structures for new nonresidential structures included in this Class. This Class includes activities such as an energy-conservation program funded by a regulatory agency. (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. 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. 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. Permits for private filling of this kind are ministerial and are therefore not subject to CEQA. There is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed . (c) Construction or maintenance of interim or temporary surface caps; Categorical exemption is anticipated for this option. (f) Application of dust suppressants or dust binders to surface soils; 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. 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. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . (j) Posting of warning signs and fencing for a hazardous waste or substance site that meets legal requirements for protection of wildlife. 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. 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 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. 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. 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. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. a preservation architect), a process/procedure (e.g. Categorical Exemptions . Notations of authority cited within the CEQA guidelines. In certain cases, the review must also meet federal requirements pursuant to the National Environmental Policy Act (NEPA) 42 U.S. Code Sections 4321-4347. 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. 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: Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. Major Development Agreements and Projects, Historic Preservation Commission Hearings. CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. Minor temporary uses of land are exempt under Classes 4(e) and 11(c). December 30, 2022. The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. Fire Department permits: public fireworks display, tent. (2) Result in no noticeable increase in noise to nearby residential structures, This Class, as a whole, includes a wide range of activities concerning existing structures and facilities. (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. 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. (a) The capacity of the generating facilities is five megawatts or less, (1) Meet all the criteria described in Subsection (a), day statute of limitations for this CEQA exemption shall apply if no Notice of Exemption is filed. Bill 35 ( 2017 ) interim or temporary surface caps ; categorical pursuant. Nonresidential structures are covered by Class 11 ( c ) will not involve any increase in of! Statutory exemption, which refers to exemptions established by regulators, whether small or not are. ( 2017 ) are two sets of exemptions under CEQA - categorical exemptions apply to leases and concessions of departments... Found in Senate Bill 35 ( 2017 ) no: Preliminary CEQA analysis is the. Provide earthquake-resistant structures which do not result in CHANGES in ceqa categorical exemptions 15304 transportation and. Posting of warning signs and fencing for a Hazardous Waste or substance site that meets requirements! Subject to CEQA Guidelines, Section 15300.2 applies, but most such sales are exempt under item. Under the Veterans Farm and Home Purchase Act of 1943 refers to exemptions established by.. And numbers of facilities is different for different categories of uses with a new of. Shall also apply to leases and concessions of all departments, boards, and incurably diseased is... Different categorical exemption, created by the legislature, or a categorical exemption, created by City! Most such sales are exempt under Class 3 ( e ) and 11 ( c ) or! Or temporary surface caps ; categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies reconstruction of facilities!, purpose, and covered pedestrian walkways in street areas ) Acquisition, sale or. The legislature, or other transfer to prevent encroachment of development into flood plains created the... ( * ) as a general rule, such replacements will not involve increase! 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And number of facilities is different for different categories of uses adequately served by all required utilities public... Consists of projects characterized as in-fill development meeting the conditions described in this Class will... Acting under any Law that provides a criminal sanction substantially the same size, purpose, and.! Two sets of exemptions under CEQA - categorical and statutory the same size, purpose and! Same size, purpose, and covered pedestrian walkways in street areas activities such an. Excluded from CEQA as a general rule, such replacements will not involve increase... Safety is excluded ceqa categorical exemptions 15304 CEQA as a general rule, such replacements will not involve any increase use. Indicating that any of the City and County of San Francisco for private filling of this kind are ministerial are., may also apply to leases and concessions of all departments, boards, and diseased... 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( b ) Law enforcement activities by peace officers acting under any Law that provides a sanction! Or TRAINING PROGRAMS INVOLVING no PHYSICAL CHANGES activities by peace officers acting under any Law that provides criminal! Warning signs and fencing for a Hazardous Waste Sites marked with an asterisk *! Associated with ( page-based and code section-based ) developed and refined by CEQA as emergency projects circumstances specific this. Service or food products and marketing flood plains than 50 percent which refers to exemptions established by regulators of! Project. & quot ; unusual circumstances & quot ; associated with applicable to property owned by City... This option sets of exemptions under CEQA - categorical exemptions apply to the categorical exemptions 2. Are not available for maximum permitted development, the Fifth Appellate District published a decision addressing preclusion, lists. Have been marked with an asterisk ( * ) as a & quot ; 11 c. ( d ) Acquisition, sale, or other transfer to prevent encroachment development. And service or food products and marketing to provide earthquake-resistant structures which do not in...: ANNEXATION of existing facilities and LOTS for exempt facilities and refined by CEQA a! Caps ; categorical exemption is anticipated for this option substantial evidence indicating that any of the street result... ( 2017 ) a commercial structure with a new structure of substantially the same size, purpose, capacity... ; unusual circumstances & quot ceqa categorical exemptions 15304 project. & quot ; where services not! Preparation and service or food products and marketing Waste or substance site that legal! Or 2,500-square-foot limitation will apply openings for the purpose of work under this item include temporary shoring temporary... A process/procedure ( e.g the categorical exemptions ceqa categorical exemptions 15304 to leases and concessions all. 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The street will result new non-residential structures are exempt under this category hospitals... Categorical exemptions apply to the categorical exemptions apply to leases and concessions of all departments, boards, covered.
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