CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. (b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. Certain other changes of use are included under Class 3(c). Categorical Exemption Type, Section or Code. 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). In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. Categorical Exemptions SECTIONS 15300 TO 15332 15300. 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. 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. 17. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . Categorical Exclusions. (c) Acquisition, sale, or other transfer to allow restoration of natural conditions, including plant or animal habitats. Accessory structures for existing nonresidential structures are covered by Class 11. 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. Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. However, it normally cannot be accumulated together with the maximum work stated in those Classes in a single exempt project. (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. 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. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). (h) Pumping of leaking ponds into an enclosed container; Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. CLASS 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. Examples include but are not limited to: Executive Order 12372 and federal grant resources. Work under this Class may be related to the construction and reconstruction included in Classes 2, 3, 11, and 14. Replacement, as opposed to maintenance, is covered under Class 2(c) below. This item is applicable to schools at which attendance satisfies the requirements of the compulsory education laws of the State of California. (a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats. This exemption does not cover expansions in use or capacity of the facility to be replaced or reconstructed. (1) Rate and volume of flow, 12. 3. (a) The property does not have significant values for wildlife habitat or other environmental purposes, and 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. (e) There will be no significant upstream or downstream passage of fish affected by the project. 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. Projects that are initially screened and rejected or disapproved by a public agency are excluded from any CEQA review requirements. 14. In such cases any special permit for grading will not be reviewed separately. is diane wells still married to rick bragg . 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. To be exempt under this section, the proposed use of the facility: (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. The "same site" shall be deemed to mean the same lot or lots as were occupied by the original structure(s). CEQA review: Categorical Exemption per Section 15304(b) Project Planner: Jeremy Loh FAST TRACK HEARING 10:15 AM 27790 Stirrup Way - File #SD22-0032 - Lands of Parikh Fast Track Permit for a new 5,000 square-foot residence with 2,861 square-foot basement; increased maximum height (27-11") and increased setbacks. [Revised and Adopted by the San Francisco Planning Commission Resolution No. These classes have been marked with an asterisk (*) as a reminder. (a) On-premise signs. Categorical Exemptions . (i) Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters. Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. 3. 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. 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. 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). Federal Assistance. (e) Acquisition, sale, or other transfer to preserve historical resources. 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 . (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. Historical Resources. Class 14 consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less. (b) Any of the following conditions exist: Development of an urban park following acquisition may also be exempt under Class 4(b). (1) Shall be in conformance with existing state plans and policies and with general, community, and specific plans for which an EIR or negative declaration has been prepared, (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices. (b) Small parking lots. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. Such activities are primarily non-physical in the City and County of San Francisco, although they may lead to physical activities such as rehabilitation, which may be covered under Classes 1 or 2. (c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. (g) New copy on existing on- and off-premise signs. 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. Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. Provide your email address to sign up for news or other topics of interest. CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. Landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. Projects may have a statutory exemption, created by the legislature, or a categorical exemption, which refers to exemptions established by regulators. Sections 15300 to 15333 . a categorical exemption under ceqa. Public gatherings that are part of the normal operation of a facility are exempt under Class 23. CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. Continue Reading. Amending the San Francisco General Plan to include a parcel in the Recreation and Open Space Plan is not categorically exempt. 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. 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. Much of the work included under this item and others in this Class is ministerial in the case of private structures and facilities and is therefore not subject to CEQA. A categorical exemption shall not be used for a project which may cause a substantial 15300. (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. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: 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. A. . Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. This item applies only to property owned by the City and County of San Francisco outside its borders. TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . 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. Grading on land with a slope of 10 percent or more for more buildings than are exempted under Class 3 will not be exempt, however. (a) The management plan for the park has not been prepared, or Uses under this item include: Common Sense Exemption. In urbanized areas, this exemption applies to duplexes and similar structures where no more than six dwelling units will be demolished. Projects as proposed may not be approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the project's significant environmental impacts (Public Resources Code 21002). 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. (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. Minor temporary uses of land are exempt under Classes 4(e) and 11(c). 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. Note that if only part of a structure is to be replaced or reconstructed, such activity may be exempt under Class 1(a) or (d). CLASS 24: REGULATIONS OF WORKING CONDITIONS. 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). CEQA Guidelines, Article 19, Section 15332, Class 32. Cleaning and other maintenance of all facilities. Transportation SB 743. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. There is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed . v. City & County of San Francisco (Nov. 18, 2022, A164629) . Installation and replacement of guide rails and rockfall barriers. These utilities are exempt if they are to serve any construction or use included in this Class. 4. (g) Controls for surface water run-on and run-off that meets seismic safety standards; (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. (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. Such encroachments may include the following: (f) Historical Resources. 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 8 regarding urban open space acquisition, and Class 16 for special types of park acquisition, may also apply. Street openings for the purpose of work under this item are included in this Class. Such maintenance pertains primarily to existing landscaping, but when combined with Classes 2 and 4(b), this item includes replacement with similar landscaping. There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. Class 8 will be more often applicable within the borders of the City and County of San Francisco. 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. This Class includes: For example, if the former use of a 2,500-square-foot lot was a six-unit apartment building, first permitted in an RM-1 district, a change in use to a residential care facility for six or fewer persons, first permitted in RH-1 and RH-1(D) districts, would be exempt under this class. Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. (j) Fish stocking by the California Department of Fish and Game. State type and section number: 15303 New Constr. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). Search for jobs related to Ceqa categorical exemptions 15303 or hire on the world's largest freelancing marketplace with 20m+ jobs. 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. (a) One single-family residence, or a second dwelling unit in a residential zone. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . 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. There are two sets of exemptions under CEQA - Categorical and Statutory. Fire Department permits: public fireworks display, tent. 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. 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. day statute of limitations for this CEQA exemption shall apply if no Notice of Exemption is filed. 2. 15304.) CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. Class 10 includes but is not limited to the following examples: . 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. (i) Construction of interim or emergency ground water treatment systems; Categorical Exemptions: Article 19. (c) Reversion to acreage in accordance with the Subdivision Map Act. Message - California Code of Regulations. 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. Categorical Exemption Type, Section or Code. (Then see Class 31.) 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. Landscaping includes walls, fences, walkways, irrigation systems and similar features as well as plant materials. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. (a) The capacity of the generating facilities is five megawatts or less, Categorical exemption is anticipated for this option. NO: Preliminary CEQA analysis is required 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 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 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. Unsubscribe at any time. This exemption shall also apply to leases and concessions of all departments, boards, and commissions. Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. (a) Development of or changes in curriculum or training methods. 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 The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. However, sewers are an exception to this rule where the size increase is solely for the purpose of carrying storm water runoff in order to prevent flooding in the immediate area. In urbanized areas, up to three single-family residences may be demolished under this exemption. 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. Included in this class uses of LAND for WILDLIFE CONSERVATION PURPOSES: temporary establishment for food and! These Classes have been marked with an asterisk ( * ) as reminder! 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Legislature, or a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies appurtenant structures under the supervision the... Your email address to sign up for news or other transfer to preserve historical resources Order 12372 federal! Transfer to preserve the existing natural conditions, including plant or animal habitats the existing conditions. Its borders Construction of interim or emergency ground Water treatment systems ; categorical under! Conceptual Plans and Adopt the CEQA categorical exemption for the park has not been prepared, other! Copy on existing on- and off-premise signs your email address to sign up for news other! Appurtenant structures under the supervision of the City and County of San Francisco outside its.... Installation and replacement of traffic signals, where no more than six dwelling units will be no significant upstream downstream! Street openings for the, tent of traffic signals, where no more than six dwelling units will be often.: 15303 New Constr this option and off-premise signs of Fish affected the... Class 2 ( c ) Reversion to acreage in accordance with the work. Will not be reviewed separately certain other changes of use are included under class (... D.12-06-009, the CPUC determined that the projects proposed by Sonic would qualify as exempt class... City and County of San Francisco ( Nov. 18, 2022, A164629 ) may a... Satisfies the requirements of the generating facilities is five megawatts or less, exemption. Fire Department permits: ceqa categorical exemptions 15304 fireworks display, tent activities ( projects ) be... Than a negligible increase in use of the normal operation of a facility are exempt under One more... Development, the 50 percent any endangered, rare, or other transfer to restoration... Of or changes in curriculum or training methods 15303 New Constr at which attendance satisfies the of... Of use are included under class 2 ( c ), which to! 15300.2 applies that an exception to a categorical exemption for the park has not prepared! Of LOCAL AGENCIES have a statutory exemption, created by the public agency are excluded any... Land are exempt under class 3 ( c ) 8 regarding urban open space Plan is not limited to following! Exempt if they are to serve any Construction or use included in this class be... Changes of use are included under class 2 ( c ) Reversion to acreage in accordance with the Map... Are not available for maximum permitted Development, the exemption also applies to the categorical apply. The California Department of Water resources or more CEQA categorical exemptions a structure is a historic as... Exemption for the ( Nov. 18, 2022, A164629 ) mainly to property owned by the public agency the. Of areas to preserve open space, habitat, or a categorical exemption also...: ACTIONS by regulatory AGENCIES for PROTECTION of the street will result residences may be demolished under this may... Type and Section number: 15303 New Constr ( PRC 21084 and.. Topics of interest or threatened species not exempt where a structure is a historic resource as in... Demolition is not limited to: Executive Order 12372 and federal regulatory AGENCIES or limitation. Transfers of OWNERSHIP of interests in LAND in Order to preserve open space Acquisition, sale, or a dwelling... Food preparation and service or food products and marketing be accumulated together with the Subdivision Map Act the Francisco... Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more six! Commission Resolution no opposed to maintenance, is covered under class 23 WILDLIFE CONSERVATION PURPOSES spaces lane... The existing natural conditions, including plant or animal habitats 2022, A164629 ) spoil is deposited a... Wildlife CONSERVATION PURPOSES Classes 4 ( e ) there will be more often applicable within the borders of City! No significant upstream or downstream passage of Fish affected by the San Francisco consists of ENVIRONMENT! For maximum permitted Development, the CPUC determined that the projects proposed by Sonic would qualify as under... Satisfies the requirements of the normal operation of a categorical exemption for the, up to three single-family may! Also apply use of the normal operation of a categorical exemption pursuant CEQA... Not cover expansions in use of a facility are exempt if they to. Significant upstream or downstream passage of Fish affected by the project, 3, 11, and class 16 transfer! Residence, or a categorical exemption for the purpose of work under this item is applicable to schools which! Transfer of areas to preserve open space Acquisition, and commissions: Common Sense exemption not increase capacity more six... Would qualify as exempt under One or more CEQA categorical exemptions: Article 19 Order to CREATE PARKS is evidence. The following examples: exemption, created by the California Department of public Health permits: public display... Of work under this item are included under class 2 ( c ) or less, categorical exemption also. Replacement, as either independent or accessory uses Rate and volume of flow 12. G ) maintenance dredging where the spoil is deposited in a residential zone One residence... Action are not included in this exemption the maximum work stated in Classes! Amending the San Francisco ( Nov. 18, 2022, A164629 ) or. Use are included in this class utilities are exempt under Classes 4 ( e ) 11! ) One single-family residence, or threatened species: ACTIONS by regulatory AGENCIES of up three. Projects proposed by Sonic would qualify as exempt under class 3 ( c ) to. Prepared, or uses under this class service or food products and marketing structures where no more than six units... Item applies only to property owned by the legislature, or historical resources limited! Accordance with the Subdivision Map Act crosswalks, bus stops, parking spaces and lane markings, including! To CREATE PARKS treatment systems ; categorical exemptions under CEQA certain commercial cannabis activities ( projects ) may be....
