Executive Order 12372 and federal grant resources. (3) Shall not result in a traffic increase of greater than 10% of front access road capacity, and In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. (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. 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. Replacement, as opposed to maintenance, is covered under Class 2(c) below. District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). 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 . In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. 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. v. City & County of San Francisco (Nov. 18, 2022, A164629) . (h) Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code). 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. This item will seldom apply in the City and County of San Francisco. It is permissible to restore or rehabilitate a structure to prevent seismic damage under this item, except in the case of a historical resource. (a) On-premise signs. CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. Landscaping includes walls, fences, walkways, irrigation systems and similar features as well as plant materials. (1) Leasing of administrative offices in newly constructed office space. 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. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 - Information Collection. These classes have been marked with an asterisk (*) as a reminder. Addition and removal of trees and other plant materials on private property does not require a permit. 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 . 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)). (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. School additions are further covered by Class 14. (e) Excavation and/or off site disposal of contaminated soils or sludges in regulated units; Resurfacing and patching of streets. (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. 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. 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. Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. NO: Preliminary CEQA analysis is required Categorical Exclusions. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. Class 19 consists of only the following annexations: 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. 3. Holiday decorations. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. (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. 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 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. 1. Categorical Exemptions. This item covers accessory structures for both existing and new residential structures. 15. Common Sense Exemption. (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. (e) There will be no significant upstream or downstream passage of fish affected by the project. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to 65962.5 of the Government Code. If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. 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- (b)(3)). Major Development Agreements and Projects, Historic Preservation Commission Hearings. Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. 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. 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. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. 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 . It includes one of any kind of dwelling unit. 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 . For the purposes of this section, "past history" shall mean that the same or similar kind of activity has been occurring for at least three years and that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility. In the downtown area, parking lots of up to approximately 50 parking spaces are considered small and are therefore exempt. 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). This item, in combination with Classes 1(d) and (f) below and Class 2, includes the following (the number of the applicable category should be indicated when making an exemption under this item): 2. Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? Such encroachments may include the following: . 6. The types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. Class 8 will be more often applicable within the borders of the City and County of San Francisco. 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. 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. (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. (f) Application of dust suppressants or dust binders to surface soils; This Class applies only to land that is presently in its natural condition and/or contains historic or archaeological sites. In many cases more than one item in the Class will apply to the same project. 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 . Read Section 15304 - Minor . 15300. Movement of trees in planter boxes is not deemed to be tree removal or installation. Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). 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. Kountz was driving a 2013 Kenworth tanker truck westbound on Highway 20 east of . (b) Examples of Class 27 include, but are not limited to: This item applies only to property owned by the City and County of San Francisco outside its borders. (b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. (c) Placement of seasonal or temporary use items such as lifeguard towers, mobile food units, portable restrooms, or similar items in generally the same locations from time to time in publicly owned parks, stadiums, or other facilities designed for public use. CEQA Exemptions. 1. New construction and changes of use of industrial uses are also included when 10,000 square feet or less. 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. e. Hazardous Waste Sites. Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. (2) Result in no noticeable increase in noise to nearby residential structures, Projects covered under this category that involve the transfer of ownership of interest in land may also be exempt under Class 25. This document is not available on Westlaw. 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. Development of pedestrian plazas or arcades in public rights-of-way when existing vehicular traffic will not be affected. The California Environmental Quality Act (CEQA) and the Guidelines for implementation of CEQA adopted by the Secretary of the California Resources Agency require that local agencies adopt a list of categorical exemptions from CEQA. The 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. According to CEQA Guidelines section 15304, Class 4 categorical exemptions are as follows: "Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve . The addition of portable classrooms is included in this exemption. The proponent must demonstrate use of qualified personnel (e.g. Does the project fall into any CEQA exemption? Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . Article 19. . 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 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. Categorical Exemptions SECTIONS 15300 TO 15332 15300. CEQA will apply when a management plan is proposed that will change the area from its natural condition or cause substantial adverse change in the significance of the historic or archaeological resource. 14952, August 17, 2000]. 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. (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. Covered by the . December 30, 2022. Categorical Exemption Type, Section or Code. The utilities systems covered include, in addition to those named above, telephone, radio, television, alarms and signals, other communications, water, and electricity for transit vehicles and street lights. Read Section 15302 - Replacement or Reconstruction, Cal. day statute of limitations for this CEQA exemption shall apply if no Notice of Exemption is filed. Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: The amendment and This item includes short extensions of water mains for the purpose of eliminating dead-end mains to improve circulation and water quality in service to existing development. Categorical Exemption. or threatened plant or animal species or significant erosion and sedimentation of surface waters.This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection . (c) Acquisition, sale, or other transfer to allow restoration of natural conditions, including plant or animal habitats. 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. This Class, as a whole, includes a wide range of activities concerning existing structures and facilities. * CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. G 15183 - Projects . 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: (a) The management plan for the park has not been prepared, or California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (b) Changes in the grade structure in a school which do not result in changes in student transportation. CEQA Guidelines. (c) Working conditions where there will be no demonstrable physical changes outside the place of work. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). (a) Development of or changes in curriculum or training methods. Street vacations of undeveloped streets rights-of-way are included under this item. TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . CLASS 24: REGULATIONS OF WORKING CONDITIONS. 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. (2) A duplex or similar multifamily residential structure. This item is applicable to many instances of proposed school and hospital replacement and reconstruction in San Francisco. The proponent must understand that work undertaken may be halted, and the exemption revoked, if the work is not being performed consistent with the Standards as originally defined. Message - California Code of Regulations. 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. (1) One single-family residence. (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. Installation and replacement of guide rails and rockfall barriers. Consideration should be given to categorical exemptions (continue to step II B). 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. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . 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. "Economic poisons," as defined by State law, are substances used for defoliating plants, regulating plant growth, and controlling weeds, insects, fungi, bacteria, animals, and other pests. (i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources. Class 8 regarding urban open space acquisition, and Class 16 for special types of park acquisition, may also apply. Sections 15300 to 15333 . Street closings and equipment for special events. 7. Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. 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. Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. (Pub. Note that the limitation on size and number of facilities is different for different categories of uses. Lead Agency Contact Person: Jui Ing Chien (Area Code) Telephone/Ext. 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). (PRC 21084; 14 CCR 15300 et seq.) Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. (e) The site can be adequately served by all required utilities and public services. (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. 12. (This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.) However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: Lots not requiring such review, whether small or not, are ministerial projects and are therefore not subject to CEQA review. Replacement of light standards and fixtures, not including a program for extensive replacement throughout a district or along an entire thoroughfare. A. . Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . Use of street and sidewalk space during construction. (a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats. (3) A store, motel, office, restaurant, and similar small commercial structure if designed for an occupant load of 30 persons or less. This item is applicable to schools at which attendance satisfies the requirements of the compulsory education laws of the State of California. 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Ing Chien ( area Code ) Telephone/Ext restoration of natural conditions, including plant or habitats... ) a duplex or similar multifamily residential structure ordinances and regulations a range. One item in the public Resources Code exempts from the application of those... Percent or 2,500-square-foot limitation will apply ( 1 ) Leasing of administrative offices in newly constructed office.... Public rights-of-way when existing vehicular traffic will not occur in the downtown area, lots! Vacations of undeveloped streets rights-of-way are included under this category categorically exempt from CEQA pursuant to Guidelines... And regulations newly constructed office space place of work ( e ) Excavation and/or off disposal.