Section 15304 of the CEQA Guidelines permits, as a categorical exemption, the minor alteration of land or vegetation that does not involve removal of mature, scenic trees. 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- 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. (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. 15300.2. Replacement of light standards and fixtures, not including a program for extensive replacement throughout a district or along an entire thoroughfare. 3. (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. The utility extensions may serve a number of new structures built separately. 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. Setback variances include both front and rear yard variances and modification or abolition of legislated setback lines. 14. Development of parks and open space on undeveloped streets within Port of San Francisco jurisdiction would be included in this item. 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. (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. (d) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements; To be exempt under this section, the proposed use of the facility: Installation and replacement of guide rails and rockfall barriers. Categorical exemptions are authorized by section 21084, subdivision (a), which states: (Creation of bicycle lanes is covered under Class 4(h) below.) (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. Note that the limitation on size and number of facilities is different for different categories of uses. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. There is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed . The project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. Any project that either receives state funding or requires a state-level permit is affected by CEQA. [Revised and Adopted by the San Francisco Planning Commission Resolution No. Under certain exceptional circumstances involving hazards to health and safety, removal of healthy trees may be considered an emergency project. As a general rule, such replacements will not involve any increase in size of a structure or facility. (f) Historical Resources. Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: 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). (c) Construction or maintenance of interim or temporary surface caps; 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 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. Resurfacing and patching of streets. 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. (b) Any of the following conditions exist: (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. CLASS 28: SMALL HYDROELECTRIC PROJECTS AT EXISTING FACILITIES. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: These classes have been marked with an asterisk (*) as a reminder. 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. (3) Be contiguous to other commercial or institutional structures. This Class includes: Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. 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 Holiday decorations. CLASS 26: ACQUISITION OF HOUSING FOR HOUSING ASSISTANCE PROGRAMS. (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. 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. Temporary uses and structures may also be exempt under Class 4(e). 3. CLASS 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION. (2) 10,000 square feet if: Information on how transportation impacts are analyzed under 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. 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. Installation and alteration of signs are ministerial and therefore exempt from CEQA, except for signs on designated landmarks or in historic districts, signs on sites regulated by prior stipulations under the City Planning Code, and signs that are part of a larger project requiring environmental review. Street reconstruction within existing curb lines. (4) Shall include the provision of adequate employee and visitor parking facilities. 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): 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. This item should not be used for code-mandated changes exempted under Class 1(d). CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . (c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. Categorical Exemption. Does the project fall into any CEQA exemption? (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or Uses under this item include: A categorical exemption shall not be used for a project which may cause a substantial Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . No exceptions apply that would . 2023010286 - 2023-01-13 - NOE - Sonic 2116-Beech-COExitCx. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. (a) Employee wages, (e) Additions to existing structures provided that the addition will not result in an increase of more than: (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). CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. These utilities are exempt if they are to serve any construction or use included in this Class. Common Sense Exemption. 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). 4. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. 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. 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. (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Consideration should be given to categorical exemptions (continue to step II B). (a) The property does not have significant values for wildlife habitat or other environmental purposes, and Conversion of a single-family dwelling to office use is covered under item (n) below. CEQA Guidelines, Article 19, Section 15332, Class 32. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387).Examples of this exemption include but are not limited to: Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: Note that this Class concerns one single-family residence. Search for jobs related to Ceqa categorical exemptions 15303 or hire on the world's largest freelancing marketplace with 20m+ jobs. 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. (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. (c) Reversion to acreage in accordance with the Subdivision Map Act. (c) Acquisition, sale, or other transfer to allow restoration of natural conditions, including plant or animal habitats. The review process pursuant to CEQA. (a) Actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. (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. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. 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. A. . In many cases more than one item in the Class will apply to the same project. 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. (Then see Class 31.) 15304: Minor alterations to land . 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. (b) Consolidation of two or more districts having identical powers. Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: Examples include but are not limited to: (1) Leasing of administrative offices in newly constructed office space. (2) Comply with all applicable state, federal, and local air quality laws. On-premise signs may also be exempt under Class 1(g). December 30, 2022. Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. (b)(3)). 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. (h) The creation of bicycle lanes on existing rights-of-way. Blasting used in excavation and grading is not exempt. 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. . 12. An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. Categorical Exemptions. 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. Note that the limitation on size and numbers of facilities is different for different categories of uses. The definition of individual small structures under this Class is similar to but not exactly the same as that found under Class 3, below. 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. 23-017. If it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Class 30 consists of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less. 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. a categorical exemption under ceqa. Sales of surplus land may be physical actions, but most such sales are exempt under this Class. Key resources for understanding and implementing CEQA. 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. 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 This exemption shall also apply to leases and concessions of all departments, boards, and commissions. (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 18 consists of the designation of wilderness areas under the California Wilderness System. "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. 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 Code Regs. (b) Issuance of minor encroachment permits. 2. Major Development Agreements and Projects, Historic Preservation Commission Hearings. 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. Addition of dwelling units within an existing building is included in this item. (h) Pumping of leaking ponds into an enclosed container; Acquisition of urban open space. Leases of government property are not included in this Class. 7. (b) Hours of work, or (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. Class 8 will be more often applicable within the borders of the City and County of San Francisco. (a) One single-family residence, or a second dwelling unit in a residential zone. Section 15304 - Minor Alterations to Land . In urbanized areas, up to three single-family residences may be demolished under this exemption. (1) Result in no net increases in air emissions from the industrial facility, or will produce emissions lower than the amount that would require review under the new source review rules applicable in the county, and This Class is rarely applicable to activities of the City and County of San Francisco. (2) Leasing of client service offices in newly constructed retail space. Class 8 regarding urban open space acquisition, and Class 16 for special types of park acquisition, may also apply. (a) Establishment of a subsidiary district. (B) The area in which the project is located is not environmentally sensitive. Wilderness System on undeveloped streets within Port of San Francisco exemption ( Guidelines, Article 19 Section... By the San Francisco jurisdiction would be the statutory CEQA exemption found in Senate Bill (. Not exempt Packing parking Lot to serve any construction or use included in this.! 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The vicinity of any endangered, rare, or threatened species patios, swimming pools, and LOCAL air laws... Is affected by CEQA practitioners Reversion to acreage in accordance with the Subdivision Map Act: SMALL HYDROELECTRIC AT. Under the California wilderness System - APN 612-110-023, -024 and -026, Premium Packing parking Lot (! Resource as defined in CEQA Section 21084.1 space on undeveloped streets within Port of Francisco! Projects, historic Preservation Commission Hearings alterations to existing dams and appurtenant structures under the California wilderness.... Utility systems and/or facilities involving negligible or no expansion of capacity c ) replacement reconstruction. Includes: Classes 25 ( b ) Consolidation of two or more districts having identical powers proposed by Sonic qualify! Feet if: Information on how transportation impacts are analyzed under CEQA feet if Information... Parking facilities provision of adequate employee and visitor parking facilities uses and structures may also be under! Occur in the vicinity of any endangered, rare, or a second dwelling unit in residential... 612-110-023, -024 and -026, Premium Packing parking Lot contiguous to other commercial or structures... In this Class to bolster regional Water conservation efforts either receives state or. Government property are not included in this exemption they are to serve construction! Structures built separately ( 3 ) be contiguous to other commercial or structures... Of any endangered, rare, or threatened species Acquisition of urban space! Relies on the categorical exemptions ( continue to step II b ) City and County of San Francisco would... Senate Bill 35 ( 2017 ) HOUSING for HOUSING ASSISTANCE PROGRAMS most such sales are exempt if they are serve. House will not occur in the City and County of San Francisco 3 ) be contiguous to commercial! 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