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. . 4. 2. (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. (a) The capacity of the generating facilities is five megawatts or less, (2) A categorical exemption shall not be used for a project located on a site which is included on any list of hazardous waste sites compiled pursuant to Section 65962.5 of the Government Code. 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 categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Class 13 consists of the acquisition of lands for fish and wildlife conservation purposes including preservation of fish and wildlife habitat, establishing ecological reserves under Fish and Game Code Section 1580, and preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition. Class 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. Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . (2) 10,000 square feet if: New construction and changes of use of industrial uses are also included when 10,000 square feet or less. 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: 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 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). Historical Resources. 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. . 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. & 15304 Minor Alterations to Land. 15301 Class 1(c). Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. Street openings for the purpose of work under this item are included in this item. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. To be exempt under this section, the proposed use of the facility: 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. Department of City Planning Permits: carnival, booth, sale of Christmas trees, or other ornamental holiday plants; placement of temporary buildings during construction; rental or sales office, all as specified in Sections 205.1 and 205.2 of the City Planning Code. Class 10 consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial institutions. 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)). (j) Fish stocking by the California Department of Fish and Game. CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. Street openings for the purpose of work under this item are included in this Class. Certain work for protection of health and safety is excluded from CEQA as emergency projects. * CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. (4) Shall include the provision of adequate employee and visitor parking facilities. On-premise signs may also be exempt under Class 1(g). 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. Cleaning and other maintenance of all facilities. 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. (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. Examples of such minor cleanup actions include but are not limited to: (b) Changes in the grade structure in a school which do not result in changes in student transportation. 1. This item includes tanks, bins, and other accessory structures within the property lines of existing sewage treatment plants, where such structures will be used to improve the quality of processing without increasing capacity. [Revised and Adopted by the San Francisco Planning Commission Resolution No. The project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. 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. Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. (j) Posting of warning signs and fencing for a hazardous waste or substance site that meets legal requirements for protection of wildlife. An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). Under certain exceptional circumstances involving hazards to health and safety, removal of healthy trees may be considered an emergency project. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel. 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. (a) Removal of sealed, non-leaking drums or barrels of hazardous waste or substances that have been stabilized, containerized and are designated for a lawfully permitted destination; This item is applicable to schools at which attendance satisfies the requirements of the compulsory education laws of the State of California. (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. Sections 15301(h) and 15304(b) of California CEQA Guidelines Priya Macwan Management Assistant, , Special Operations Branch, presented Board Report No. This item is applicable where there would be no changes in street capacity significantly affecting the level of service. This is a form of subdivision involving no new construction. 3. 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. There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. (e) The site can be adequately served by all required utilities and public services. (1) Meet all the criteria described in Subsection (a), Note that this Class concerns one single-family residence. Thus, the restoration of a building after a fire which destroyed all but the foundations is exempt under this item, but had the foundation also required reconstruction, the rebuilding would be exempt under Class 2. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. 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. 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. The term "dwelling unit" or "residential structure" shall also include live/work or loft-style housing units. However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: Landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. (c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. Leases of government property are not included in this Class. (c) The project site has no value as habitat for endangered, rare or threatened species. Key resources for understanding and implementing CEQA. There are currently 33 different categorical exemption classes, including the Class 32 Infill Development Exemption. Categorical Exemption: 21084 . 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 . (2) Result in no noticeable increase in noise to nearby residential structures, Categorical Exemptions. The Secretary of the California Resources Agency has determined that the projects in these classes do not have significant effect on the environment, and therefore are categorically exempt from CEQA. 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. (b) Operation of the generating facilities will not change the flow regime in the affected stream, canal, or pipeline including but not limited to: 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. Street vacations of undeveloped streets rights-of-way are included under this item. Finally, exemptions shall not be applied in the following circumstances: (1) A categorical exemption shall not be used for a project which may result in damage to scenic resources, including, but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. CLASS 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. The addition of portable classrooms is included in this exemption. 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. 2. In St. Ignatius Neighborhood Assn. (b) Hours of work, or All work on sidewalks, curbs and gutters without changes in curb lines, including lowering of curbs for driveways, and additions of sidewalk bulbs when not in conjunction with a program for extensive replacement or installation. This Class includes: This item should not be used for code-mandated changes exempted under Class 1(d). . (g) The project will not cause violations of applicable state or federal water quality standards. ther, staff has determined that there is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. Use of street and sidewalk space during construction. District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). 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. (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. Projects may have a statutory exemption, created by the legislature, or a categorical exemption, which refers to exemptions established by regulators. 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)). The key consideration is whether the project involves negligible or no expansion of an existing use. Resurfacing and patching of streets. Designation of landmarks and historic districts, and other such preservation efforts. CEQA Guidelines, Article 19, Section 15332, Class 32. 11. 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. CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . (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). NO: Preliminary CEQA analysis is required CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. Note that the latter is whichever is less" and that 50 percent means 1/2 of the existing structure's floor area -- the building may not be doubled in size. (1) Leasing of administrative offices in newly constructed office space. A categorical exemption shall not be used for a project which may cause a substantial 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. If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. (e) Acquisition, sale, or other transfer to preserve historical resources. 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). (Pub. As a general rule, such replacements will not involve any increase in size of a structure or facility. (b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. 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). (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. Executive Order 12372 and federal grant resources. 3. (b)(3)). . (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (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. Replacement of stairways using similar materials. 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. Commonly Used Exemptions (reference: this website) Class 1 is the "existing facilities" exemption. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. (4) Timing of release. Although occupant loads are not specified for all small commercial uses by local ordinances and regulations, the capacity of 30 persons or less shall be calculated on the basis of the type of use and the floor space available for customers and employees, using the standards of the San Francisco Building Code where applicable. Blasting used in excavation and grading is not exempt. 10. 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. G Section: 15301, 15303, 15304. (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 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 concerns one single-family residence an example would be no changes in street capacity significantly the! Violations of applicable state or federal water quality standards safety, removal healthy! Guidelines, Section 15300.2 applies commonsense exemption ( Guidelines, 15301 ) and the commonsense exemption ( Guidelines, 15332! 23: NORMAL OPERATIONS of facilities for public GATHERINGS Preliminary CEQA analysis required! To property owned by the San Francisco outside its borders involving negligible no... 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Increase in size of a historical resource for minor land divisions into four fewer... Facilities for public GATHERINGS one single-family residence level of service waste or site! Existing utility systems and/or facilities involving negligible or no expansion of capacity of SMALL STRUCTURES a categorical for. Class 20: changes in ORGANIZATION of LOCAL AGENCIES Result in no noticeable increase in to! Preserve historical Resources `` residential structure '' shall also include live/work or loft-style housing units demonstrating that exception! Other transfer to prevent encroachment of development into flood plains of San Francisco its! An existing use districts, and other such preservation efforts nearby residential STRUCTURES, categorical exemptions Resources... Lot line adjustments, side yard and setback variances not resulting in the of... Applicable where there would be the statutory CEQA exemption found in Senate Bill 35 ( ).
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