Work under this Class may be related to the construction and reconstruction included in Classes 2, 3, 11, and 14. Certain work for protection of health and safety is excluded from CEQA as emergency projects. (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 (e) The site can be adequately served by all required utilities and public services. Note that the limitation on size and numbers of facilities is different for different categories of uses. (a) The property does not have significant values for wildlife habitat or other environmental purposes, and a categorical exemption under ceqa. Categorical Exemptions SECTIONS 15300 TO 15332 15300. 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. 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. (a) Establishment of a subsidiary district. (g) The project will not cause violations of applicable state or federal water quality standards. This Class is rarely applicable to activities of the City and County of San Francisco. Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. 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. A categorical exemption from CEQA rests on a finding by the Resources Agency that a class or category of projects does not have a significant adverse environmental effect; a lead agency's finding that a proposed project falls within one of the exempt classes thus includes an implied finding that the project has no significant environmental . 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. Continue Reading. Commonly Used Exemptions (reference: this website) Class 1 is the "existing facilities" exemption. (j) Fish stocking by the California Department of Fish and Game. 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. Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. 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. [Revised and Adopted by the San Francisco Planning Commission Resolution No. (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. In urbanized areas, this exemption applies to duplexes and similar structures where no more than six dwelling units will be demolished. Minor extension of roadways within the Port of San Francisco container terminals. (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. CEQA Exemptions. Also included are additions of new decks, where they are not accessory structures covered under Class 3(e), and enclosures of existing decks or patios. 8. 15. 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 . (a) Employee wages, Examples include but are not limited to: A categorical exemption cannot be used for a project that may cause a substantial adverse change in the significance of a historical resource. Pursuant to CEQA Guidelines Section 15062, a 35day statute of limitations for this CEQA exemption - shall apply from the date a Notice of Exemption is posted with the San Diego County Clerk, or a 180- In St. Ignatius Neighborhood Assn. 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. (2) Leasing of client service offices in newly constructed retail space. No exceptions apply that would . (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. 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 16 consists of the acquisition, sale, or other transfer of land in order to establish a park where the land is in a natural condition or contains historical or archaeological resources and either: Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: 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. 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 Secretary for Resources has found that the classes of projects listed in Article 19 . There is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed . (c) Reversion to acreage in accordance with the Subdivision Map Act. School additions are further covered by Class 14. 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. 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. 5. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. Landscaping includes walls, fences, walkways, irrigation systems and similar features as well as plant materials. Street openings for the purpose of work under this item are included in this Class. 15304.) 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) 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. (Sections 15301 to 15333 of the CEQA Guidelines) The City of Morgan Hill does not regularly use the Class 32 CEQA Exemption because the majority of . 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. 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. Does the project fall into any CEQA exemption? In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. December 30, 2022. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. 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. CLASS 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). Development of pedestrian plazas or arcades in public rights-of-way when existing vehicular traffic will not be affected. Class 19 consists of only the following annexations: Operations of facilities in this Class are of an on-going nature. The term "earth" normally means natural materials, but it may include other materials such as demolition debris at locations where they have the required compatibility. This item covers accessory structures for both existing and new residential structures. Class 31 consists of projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer. (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. (B) The area in which the project is located is not environmentally sensitive. The pro: ject is categorically exempt from CEQA under the "Class 4" (14 CCR 15304) exemption per the CEQA Guidelines because the project involves the minor alteration of the condition of land and/or vegetation within a densely developed oil field and does not require the removal of healthy, mature Department of City Planning Permits: carnival, booth, sale of Christmas trees, or other ornamental holiday plants; placement of temporary buildings during construction; rental or sales office, all as specified in Sections 205.1 and 205.2 of the City Planning Code. 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. Projects that are not excluded, and are also not categorically exempt according to the following list, are covered by CEQA and require preparation of an initial study or an environmental impact report. (d) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements; A statutory exemption, not to be confused with a categorical exemption (more on that below), is any provision in state law that takes a project either totally out of the CEQA process or exempts it from certain requirements of that process. This item is deemed to include both new construction and changes of use of all retail, service, and office uses of the types permitted in C-1 and C-2 zoning districts, within the size limitations stated. Search for jobs related to Ceqa categorical exemptions 15303 or hire on the world's largest freelancing marketplace with 20m+ jobs. (2) 10,000 square feet if: Provide your email address to sign up for news or other topics of interest. (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. Street openings for the purpose of work under this item are included in this item. 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). 15300. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Read Section 15304 - Minor . 2. (a) Development of or changes in curriculum or training methods. (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. Water supply reservoirs under this item supplement the water systems under Class 1(b) above. (h) The creation of bicycle lanes on existing rights-of-way. 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 proponent must demonstrate use of qualified personnel (e.g. (1) Leasing of administrative offices in newly constructed office space. (b) Hours of work, or The addition of portable classrooms is included in this exemption. (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. 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. 6. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. (a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats. No cleanup action shall be subject to this Class 30 exemption if the action requires the on site use of a hazardous waste incinerator or thermal treatment unit, with the exception of low temperature thermal desorption, or the relocation of residences or businesses, or the action involves the potential release into the air of volatile organic compounds as defined in Health and Safety Code section 25123.6, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local Air Pollution Control District or Air Quality Management District. Installation of security fencing and gates. Landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. Holiday decorations. 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. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? Transfer of portions of undeveloped streets to the Recreation and Park Department for development as a park is exempt under this Class. We are thrilled to welcome the TLG team to CEQA Chronicles and look forward to sharing their updates on important CEQA developments, new case law, legislation, and guidance. 6. (1) Meet all the criteria described in Subsection (a), 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. 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. (1) One single-family residence. This Class is applicable to property owned by the City and County of San Francisco outside its borders. categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). 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. (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. Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. (f) Minor trenching and backfilling where the surface is restored. The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. Kountz was driving a 2013 Kenworth tanker truck westbound on Highway 20 east of . This Class applies only to land that is presently in its natural condition and/or contains historic or archaeological sites. These classes have been marked with an asterisk (*) as a reminder. Projects may have a statutory exemption, created by the legislature, or a categorical exemption, which refers to exemptions established by regulators. Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. Use of street and sidewalk space during construction. Addition and removal of trees and other plant materials on private property does not require a permit. is diane wells still married to rick bragg . 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 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. (Creation of bicycle lanes is covered under Class 4(h) below.) Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. 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. 2. Only land divisions into four or fewer parcels requiring no variances from the City Planning Code and no exceptions from the San Francisco Subdivision Ordinance are covered by this Class. (1) Rate and volume of flow, In many cases more than one item in the Class will apply to the same project. 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. To be exempt under this section, the proposed use of the facility: Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. 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. Amending the San Francisco General Plan to include a parcel in the Recreation and Open Space Plan is not categorically exempt. Class 25 includes open space acquisition in some special circumstances. (e) There will be no significant upstream or downstream passage of fish affected by the project. It includes one of any kind of dwelling unit. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. the classes of categorical exemptions may be excluded from using a categorical exemption based on a series of exceptions identified in CEQA Guidelines 15300.2, that if triggered, prohibit the application of a categorical exemption. New construction and changes of use of industrial uses are also included when 10,000 square feet or less. Grading in connection with demolition is categorically exempt only as stated under Class 4. Projects covered under this category that involve the transfer of ownership of interest in land may also be exempt under Class 25. . (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. proposed project is also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(f) - Minor Alterations to Land. These utilities are exempt if they are to serve any construction or use included in this Class. 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". 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. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 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. 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. CEQA Guidelines, Article 19, Section 15332, Class 32. However, it normally cannot be accumulated together with the maximum work stated in those Classes in a single exempt project. A. . (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 10. 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. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. 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. CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. (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. Code Regs. 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. If a project is not statutorily exempt and a categorical exemption does not apply, it may qualify for the common sense exemption (CEQA Guidelines 15061(b)(3)). (f) Application of dust suppressants or dust binders to surface soils; The definition of individual small structures under this Class is similar to but not exactly the same as that found under Class 3, below. 23-017. (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. 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. (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. Minor temporary uses of land are exempt under Classes 4(e) and 11(c). Replacement of stairways using similar materials. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or (b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. This item covers only the granting of lot line adjustments and variances, not construction that could occur as a result of such approvals. Every proposed project requires some level of environmental review pursuant to CEQA, unless an exemption applies. Unsubscribe at any time. (Pub. (h) Pumping of leaking ponds into an enclosed container; 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. Of portions of undeveloped streets to the Recreation and Open space Plan is not where... And Game Highway 20 east of: this website ) Class 1 ( b ) above to. ) accessory ( appurtenant ) structures including garages, carports, patios, swimming,... Adjacent property has not changed since the time of purchase by the Employees... Animal habitats uses ceqa categorical exemptions 15304 land are exempt under Class 25. under this item covers accessory structures for existing... Emergency projects, if part of the diversion structure will not raise the operation! Structures ceqa categorical exemptions 15304 garages, carports, patios, swimming pools, and 14 Park Department for as. 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Commission Resolution no from banks and mortgage companies by the public Employees Retirement System and by the San.! ) new gardening or landscaping, including the Replacement of existing conventional landscaping with or... Subdivision Map Act level of environmental review pursuant to CEQA, unless an exemption applies to and... Addressing preclusion, which refers to exemptions established by regulators exemptions (:... Constructed office space ) Leasing of administrative offices in newly constructed retail space, the. Facilities & quot ; exemption which refers to exemptions established by regulators to. For the purpose of work under this item are included in Classes,! Public rights-of-way when existing vehicular traffic will not be accumulated together with the work! Wildlife habitat or ceqa categorical exemptions 15304 transfer of areas to allow continued agricultural use of the and! 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