ceqa categorical exemptions 15304

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. Minor temporary uses of land are exempt under Classes 4(e) and 11(c). Code Regs. Where there is a reasonable possibility of a significant effect due to unusual circumstances surrounding the project, it is not exempt even if it clearly fits one of the categories. This exemption shall also apply to leases and concessions of all departments, boards, and commissions. (3) Shall not result in a traffic increase of greater than 10% of front access road capacity, and 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. The types of utilities covered under this item are indicated under Class 1(b). CLASS 18: DESIGNATION OF WILDERNESS AREAS. (a) The property does not have significant values for wildlife habitat or other environmental purposes, and (b) Examples of Class 27 include, but are not limited to: Continue Reading. (f) Historical Resources. The "same site" shall be deemed to mean the same lot or lots as were occupied by the original structure(s). New construction and changes of use of industrial uses are also included when 10,000 square feet or less. 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 18 consists of the designation of wilderness areas under the California Wilderness System. . (a) Employee wages, This Class is applicable to property owned by the City and County of San Francisco outside its borders. There are currently 33 different categorical exemption classes, including the Class 32 Infill Development Exemption. (c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. (2) Comply with all applicable state, federal, and local air quality laws. 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. (1) Rate and volume of flow, Categorical Exemption. Categorical exemptions are authorized by section 21084, subdivision (a), which states: Commonly Used Exemptions (reference: this website) Class 1 is the "existing facilities" exemption. 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. Addition and removal of trees and other plant materials on private property does not require a permit. Street openings for the purpose of work under this item are included in this item. 2. In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. (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. (2) Temperature, A categorical exemption cannot be used for a project located at a hazardous waste site included on any list compiled pursuant to Government Code Section 65962.5. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 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). Note that the limitation on size and numbers of facilities is different for different categories of uses. (Guidelines . 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. 14952, August 17, 2000]. Categorical Exemptions SECTIONS 15300 TO 15332 15300. (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. 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. This Class ordinarily will not apply in the City and County of San Francisco. exempt from the california environmental quality act pursuant to ceqa guidelines sections 15301(c) (existing facilities), 15303 (new construction or conversion of small structures), 15304(h) (minor alterations to land), and 15311 (accessory structures); and that none of the exceptions to the exemptions found in ceqa guidelines section 15300.2 . The definition of individual small structures under this Class is similar to but not exactly the same as that found under Class 3, below. Second, all classes of exemption are inapplicable when the cumulative impact of successive projects of the same type in the same place over time is significant -- for example, annual additions to an existing building under Class 1. (Then see Class 31.) Federal Assistance. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. f. Historical Resources. The housing units may be either in existence or possessing all required permits for construction when the agency makes its final decision to acquire the units. 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. The numbers of structures described in this section are the maximum allowable on any legal parcel. 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. Class 8 will be more often applicable within the borders of the City and County of San Francisco. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. Projects covered under this category that involve the transfer of ownership of interest in land may also be exempt under Class 25. (3) A store, motel, office, restaurant, and similar small commercial structure if designed for an occupant load of 30 persons or less. CLASS 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. Article 19. Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. 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). (n) Conversion of a single-family residence to office use. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. 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 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. (1) One single-family residence. Permits for private filling of this kind are ministerial and are therefore not subject to CEQA. CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. This item covers only the granting of lot line adjustments and variances, not construction that could occur as a result of such approvals. Operations of facilities in this Class are of an on-going nature. tit. Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. Where grading is done for construction of a building exempted by Class 3, and is covered by the construction permit, such grading is exempt under that Class even if on a slope of 10 percent or more. Section 15304, Minor Alterations to Land Reasons for Exemption . (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 urbanized areas, up to three single-family residences may be constructed or converted under this exemption. (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel. 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. 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. 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). The project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. 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. 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. Categorical Exemption Type, Section or Code. (A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. day statute of limitations for this CEQA exemption shall apply if no Notice of Exemption is filed. Street reconstruction within existing curb lines. 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 A Class 4 exempt project consists of minor public or private alterations in the condition of land, water, and/or vegetation that do not involve removal of healthy, mature, scenic . (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. 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 . Motels and commercial structures are covered in Class 3(c) below. 1. School additions are further covered by Class 14. Some projects not included in this list of categories of projects determined to be exempt from CEQA nevertheless clearly could not possibly have a significant effect on the environment and may be excluded from the application of CEQA under Section 15061 of the CEQA Guidelines. 2. Categorical Exemption: 21084 . 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. 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. 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. 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. (b) Consolidation of two or more districts having identical powers. This is a form of subdivision involving no new construction. 15304.) CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. Replacement, as opposed to maintenance, is covered under Class 2(c) below. (e) The site can be adequately served by all required utilities and public services. 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. Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? The addition of portable classrooms is included in this exemption. Holiday decorations. 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. 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. In St. Ignatius Neighborhood Assn. The project 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 . Acquisition of urban open space. (c) Acquisition, sale, or other transfer to allow restoration of natural conditions, including plant or animal habitats. Transportation SB 743. Changes of use are also included if the occupancy of the new use would not exceed the equivalent occupancy of the former use plus an addition to the former use, as exempted under Class 1(e). 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 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: (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. Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. proposed project is also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(f) - Minor Alterations to Land. (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, 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. 23-017. 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. Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. (g) The project will not cause violations of applicable state or federal water quality standards. Class 8 regarding urban open space acquisition, and Class 16 for special types of park acquisition, may also apply. This Class ordinarily will not apply in the City and County of San Francisco. The term "dwelling unit" or "residential structure" shall also include live/work or loft-style housing units. CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . 4. G Section: 15301, 15303, 15304. 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. Such actions include, but are not limited to, the following: Search for jobs related to Ceqa categorical exemptions 15303 or hire on the world's largest freelancing marketplace with 20m+ jobs. 14. 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. 3. 2. 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). (h) Pumping of leaking ponds into an enclosed container; (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. Common Sense Exemption. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. In such cases any special permit for grading will not be reviewed separately. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . (b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. (l) Demolition and removal of individual small structures listed in this subsection; v. City & County of San Francisco (Nov. 18, 2022, A164629) . (e) There will be no significant upstream or downstream passage of fish affected by the project. 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. (f) An accessory steam sterilization unit for the treatment of medical waste at a facility occupied by a medical waste generator, 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 offsite waste. Examples include but are not limited to: Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. 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 . Accessory structures for existing nonresidential structures are covered by Class 11. (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. Class 25 includes open space acquisition in some special circumstances. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. 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: CLASS 17: OPEN SPACE CONTRACTS OR EASEMENTS. 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 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. 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