Common Sense Exemption. (b) The management plan proposes to keep the area in a natural condition or preserve the historical or archaeological resources. (1) Rate and volume of flow, 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. The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. Transfer of portions of undeveloped streets to the Recreation and Park Department for development as a park is exempt under this Class. (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. A categorical exemption cannot be used for a project that may cause a substantial adverse change in the significance of a historical resource. Class 10 includes but is not limited to the following examples: (3) Be contiguous to other commercial or institutional structures. This Class is applicable to property owned by the City and County of San Francisco outside its borders. 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. 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. tit. Resurfacing and patching of streets. TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . 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. G 15183 - Projects . Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. G 15061(b)(3) - It can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the activity is not subject to the CEQA. 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. This class also includes maintenance and repair of pier aprons, piers, boat ramps, and other pile-supported structures in areas that are not environmentally sensitive. (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. Examples include but are not limited to: This Class ordinarily will not apply in the City and County of San Francisco. Historical Resources. Class 18 consists of the designation of wilderness areas under the California Wilderness System. Key resources for understanding and implementing CEQA. (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. (l) Demolition and removal of individual small structures listed in this subsection; 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 . The acquisition or sale of land in order to establish a park where the land is still in its natural condition may be exempted under Class 16. Categorical Exemptions . 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) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: (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. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or (Then see Class 31.) Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. 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. Does the project fall into any CEQA exemption? 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. Under most circumstances fire, wind, fog, rain leakage, termites, rot, sun, and cold shall not be deemed to be environmental hazards within the meaning of this item. Categorical Exemption. This is a form of subdivision involving no new construction. (c) Reversion to acreage in accordance with the Subdivision Map Act. 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. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. (b) Small parking lots. Read Section 15304 - Minor . 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. NOE filed . Class 9 consists of activities limited entirely to inspection, to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. Please be aware that this technical advisory does not provide an exhaustive list; . A. . Certain utilities under the jurisdiction of the State Public Utilities Commission are not subject to local control and therefore do not require local environmental review. G Section: 15301, 15303, 15304. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: (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. Construction activities are not included in this exemption. Certain work for protection of health and safety is excluded from CEQA as emergency projects. If grading is part of a larger project requiring environmental review, the grading will be considered as part of such project, regardless of slope. . (2) Leasing of client service offices in newly constructed retail space. Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. Landscaping includes walls, fences, walkways, irrigation systems and similar features as well as plant materials. 5. Grading in connection with demolition is categorically exempt only as stated under Class 4. Replacement of utility and transit power lines and equipment in existing locations and capacities is included in this item. use of federal historic rehabilitation tax credits), or other means to ensure appropriate interpretation and application of the Standards. 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)). For all categorical exemptions, it is the responsibility of the Lead Agency to demonstrate and determine that the proposed action falls within an exempt category, and support this determination with factual evidence. 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. (a) Grading on land with a slope of less than 10 percent, except that grading shall not be exempt in a waterway, in any wetland, in an officially designated (by federal, state, or local government action) scenic area, or in officially mapped areas of severe geologic hazard such as an Alquist-Priolo Earthquake Fault Zone or within an Official Seismic Hazard Zone, as delineated by the State Geologist. CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . Categorical Exemption. 17. (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 CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. All actions must be consistent with applicable state and local environmental permitting requirements including, but not limited to, air quality rules such as those governing volatile organic compounds and water quality standards, and approved by the regulatory body with jurisdiction over the site. CEQA Categorical Exemption Summary . 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). 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. Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. Lots not requiring such review, whether small or not, are ministerial projects and are therefore not subject to CEQA review. There is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed . (d) Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding. (e) Additions to existing structures provided that the addition will not result in an increase of more than: (b) Maintenance or stabilization of berms, dikes, or surface impoundments; (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel. 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: This Class includes activities such as an energy-conservation program funded by a regulatory agency. f. Historical Resources. to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 - Information Collection. 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. 11. This exemption does not cover expansions in use or capacity of the facility to be replaced or reconstructed. This item is applicable where there would be no changes in street capacity significantly affecting the level of service. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. 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. 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. This item is not applicable to activities of the City and County of San Francisco. (B) The area in which the project is located is not environmentally sensitive. These utilities are exempt if they are to serve any construction or use included in this Class. Planning staff evaluated all the potential exceptions to the use of Categorical Exemptions for the proposed Project (in accordance with CEQA Guidelines Section 15300.2) and determined that none of these exemptions apply as explained below: Cumulative Impact -"All exemptions for these classes are inapplicable when the cumulative . (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. Search for jobs related to Ceqa categorical exemptions 15303 or hire on the world's largest freelancing marketplace with 20m+ jobs. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . The amendment and This Class is applicable mainly to property owned by the City and County of San Francisco outside its borders, but may include natural shorelines and undeveloped natural areas. (d) Minor alterations in land, water, and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production. Class 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. Categorical Exemption Type, Section or Code. 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 . CLASS 27: LEASING NEW FACILITIES (a) Class 27 consists of the leasing of a newly constructed or previously unoccupied privately owned facility by a local or state agency where the local governing authority determined that the building was exempt from CEQA. An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). (b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. (a) The capacity of the generating facilities is five megawatts or less, Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. Addition and removal of trees and other plant materials on private property does not require a permit. Conversion of a single-family dwelling to office use is covered under item (n) below. (f) Application of dust suppressants or dust binders to surface soils; (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). 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). 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. CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . Minor extension of roadways within the Port of San Francisco container terminals. In the downtown area, parking lots of up to approximately 50 parking spaces are considered small and are therefore exempt. 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 5 Minor Alterations in Land Use Limitations : 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 . 2. Cleaning and other maintenance of all facilities. Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. (c) Merger with a city of a district lying entirely within the boundaries of the city. (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. In many cases more than one item in the Class will apply to the same project. (c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. Street vacations of undeveloped streets rights-of-way are included under this item. 13. 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. 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. 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. State type and section number: 15303 New Constr. Section 15304(h) "The creation of bicycle lanes on existing rights-of-way." . Demolition of any structure determined by the San Francisco Fire Department to be a health and safety hazard is statutorily exempt as an emergency project (Guidelines Section 15071(c)). 7. Provide your email address to sign up for news or other topics of interest. (b) Hours of work, or 8. The following list include statutory and categorical exemptions under CEQA that may apply in post-disaster recovery efforts such as the recovery and building of housing stock and associated infrastructure. The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. The project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. (a) Annexations to a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities. In urbanized areas, up to three single-family residences may be demolished under this exemption. This Class may be used where above-noted conditions (a) through (e) are fulfilled, where it can be seen with certainty that the proposed project could not have a significant effect on the environment. 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. It includes one of any kind of dwelling unit. 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. 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. Blasting used in excavation and grading is not exempt. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. 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. Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. Replacement, as opposed to maintenance, is covered under Class 2(c) below. Categorical Exemptions. 3. CEQA applies to certain activities of state and local public agencies. CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION. CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. The term "filling" does not include operation of a dump. Note that the limitation on size and numbers of facilities is different for different categories of uses. The following exceptions, however, are noted in the State Guidelines. No exceptions apply that would . Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. 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. (2) 10,000 square feet if: The key consideration is whether the project involves negligible or no expansion of an existing use. (4) Shall include the provision of adequate employee and visitor parking facilities. 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). 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. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Minor temporary uses of land are exempt under Classes 4(e) and 11(c). Under certain exceptional circumstances involving hazards to health and safety, removal of healthy trees may be considered an emergency project. Movement of trees in planter boxes is not deemed to be tree removal or installation. 10. Street openings for the purpose of work under this item are included in this Class. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. Temporary uses and structures may also be exempt under Class 4(e). The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. (1) Leasing of administrative offices in newly constructed office space. . This item covers accessory structures for both existing and new residential structures. 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. Tree removal or installation Act ( CEQA ) Reducing the potential Environmental impacts proposed. 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