(e) Additions to existing structures provided that the addition will not result in an increase of more than: The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. 15304: Minor alterations to land . Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. Second, all classes of exemption are inapplicable when the cumulative impact of successive projects of the same type in the same place over time is significant -- for example, annual additions to an existing building under Class 1. 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. (Pub. Repair and replacement of bicycle ways, pedestrian trails, and dog exercise areas, and signs so designating, where to do so will not involve the removal of a scenic resource. (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. (b) Issuance of minor encroachment permits. (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. Grading in connection with demolition is categorically exempt only as stated under Class 4. The numbers of structures described in this section are the maximum allowable on any legal parcel. (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. (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. 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. "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 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). (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. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. (B) The area in which the project is located is not environmentally sensitive. Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, 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 are authorized by section 21084, subdivision (a), which states: 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). In the downtown area, parking lots of up to approximately 50 parking spaces are considered small and are therefore exempt. Street openings for the purpose of work under this item are included in this Class. 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. School additions are further covered by Class 14. Changes of use are included if the new use, as compared with the former use, would first be permitted as a principal or conditional use either in any equally restrictive or more restrictive zoning district as defined in the City Planning Code. Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. SB 35 requires . 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. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. To be exempt under this section, the proposed use of the facility: Motels and commercial structures are covered in Class 3(c) below. Certain new structures and facilities, and expansions, are covered by subsequent Classes. 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). 14 15302, see flags on bad law, and search Casetext's comprehensive legal database Replacement of existing drainage facilities. categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. (b) Changes in the grade structure in a school which do not result in changes in student transportation. Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. 15300.2. An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). (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. This item covers accessory structures for both existing and new residential structures. Code Regs. It must be observed that categorical exemptions are to be applied only where projects have not already been excluded from CEQA on some other basis. This Class is rarely applicable to activities of the City and County of San Francisco. Notations of authority cited within the CEQA guidelines. 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 . 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: tit. 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 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. The Executive Order suspends Public Resources Code, Division 13 (commencing with section 21000, also known as the California Environmental Quality Act or CEQA) and regulations adopted pursuant to that Division under specified circumstances. (1) 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 Categorical Exemption Type, Section or Code. It's free to sign up and bid on jobs. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or e. Hazardous Waste Sites. 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. This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. Fresno. The "same site" shall be deemed to mean the same lot or lots as were occupied by the original structure(s). (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. 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. 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. Historical Resources. . (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. 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. This Class includes: Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. 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 Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. 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. Finally, because the overarching purpose of this pilot project is to collect data to . (4) Timing of release. G 15183 - Projects . 3. 15301 Class 1(c). This Class is applicable to property owned by the City and County of San Francisco outside its borders. 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. Examples include but are not limited to: to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 - Information Collection. The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. Cleaning and other maintenance of all facilities. Lots not requiring such review, whether small or not, are ministerial projects and are therefore not subject to CEQA review. Categorical Exemption. Accessory structures for any residential structures and for some new non-residential structures are exempt under Class 3(e). A categorical exemption shall not be used for a project which may cause a the classes of categorical exemptions may be excluded from using a categorical exemption based on a series of exceptions identified in CEQA Guidelines 15300.2, that if triggered, prohibit the application of a categorical exemption. (a) Annexations to a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities. This exemption shall also apply to leases and concessions of all departments, boards, and commissions. CLASS 24: REGULATIONS OF WORKING CONDITIONS. (b) Maintenance or stabilization of berms, dikes, or surface impoundments; 17. 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. Fire Department permits: public fireworks display, tent. (g) The project will not cause violations of applicable state or federal water quality standards. The City Cannot Rely on a Categorical Exemption when mitigation measures are required. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. 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. This category includes revocation of permits by the Department of Building Inspection and Port of San Francisco Building Inspection and Permits Division, and enforcement actions by the Planning Department and the Port of San Francisco until referred to the City Attorney. Class 31 consists of projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer. There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. . 3. Water mains are also an exception where the size increase is necessary to bring old mains up to the current minimum standard to serve existing development, or to provide adequate capacity for fire protection for such development. CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. In St. Ignatius Neighborhood Assn. As a general rule, such replacements will not involve any increase in size of a structure or facility. Projects may have a statutory exemption, created by the legislature, or a categorical exemption, which refers to exemptions established by regulators. 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. (Then see Class 31.) Class 8 will be more often applicable within the borders of the City and County of San Francisco. use of federal historic rehabilitation tax credits), or other means to ensure appropriate interpretation and application of the Standards. (b) Small parking lots. (b) Examples of Class 27 include, but are not limited to: 15300.1. Operations of facilities in this Class are of an on-going nature. Landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. (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. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). 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. 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. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . This item covers only the granting of lot line adjustments and variances, not construction that could occur as a result of such approvals. Devices used during construction under this item include temporary shoring, temporary sanitary facilities, barriers, and covered pedestrian walkways in street areas. When considered together with other classes, it must be construed to include small structures and facilities for industrial, institutional, and public use. 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. Following completion of the SRE, environmental staff in coordination with the PDT will determine whether a Categorical Exemption (CE) is still appropriate for the project. 9. (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, The term "earth" normally means natural materials, but it may include other materials such as demolition debris at locations where they have the required compatibility. (a) One single-family residence, or a second dwelling unit in a residential zone. * CLASS 5: MINOR ALTERATIONS IN LAND USE LIMITATIONS. A. . 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. 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). Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). 2. Water supply reservoirs under this item supplement the water systems under Class 1(b) above. Replacement of stairways using similar materials. The proponent must demonstrate use of qualified personnel (e.g. Movement of trees in planter boxes is not deemed to be tree removal or installation. (b) Consolidation of two or more districts having identical powers. (c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. Minor encroachments are encroachments on public streets, alleys, and plazas. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. (2) A duplex or similar multifamily residential structure. (a) The capacity of the generating facilities is five megawatts or less, 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. This item applies only to property owned by the City and County of San Francisco outside its borders. (c) The project site has no value as habitat for endangered, rare or threatened species. (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. Installation and replacement of guide rails and rockfall barriers. Note that the limitation on size and numbers of facilities is different for different categories of uses. CEQA Categorical Exemption Summary . Therefore, these classes will not apply where the project may impact an area of special significance that has been designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Class 8 consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. CEQA Guidelines. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). 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 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: Note that this Class concerns one single-family residence. The Secretary for Resources has found that the classes of projects listed in Article 19 . Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. CLASS 25: TRANSFERS OF OWNERSHIP OF INTEREST IN LAND TO PRESERVE EXISTING NATURAL CONDITIONS. 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. NO: Preliminary CEQA analysis is required CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. Relation to Ministerial Projects. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. (a) Employee wages, Temporary uses and structures may also be exempt under Class 4(e). (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. State type and section number: 15303 New Constr. 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. (e) The site can be adequately served by all required utilities and public services. 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 maintenance pertains primarily to existing landscaping, but when combined with Classes 2 and 4(b), this item includes replacement with similar landscaping. (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. Information on how transportation impacts are analyzed under CEQA. (4) Shall include the provision of adequate employee and visitor parking facilities. The South 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. 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 Categorically Exempt. Minor temporary uses of land are exempt under Classes 4(e) and 11(c). CLASS 18: DESIGNATION OF WILDERNESS AREAS. Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide, regional, or areawide concern identified in Section 15206(b)(4). (d) Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding. 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. A categorical exemption cannot be used for a project located at a hazardous waste site included on any list compiled pursuant to Government Code Section 65962.5. (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. (Sections 15301 to 15333 of the CEQA Guidelines) The City of Morgan Hill does not regularly use the Class 32 CEQA Exemption because the majority of . day statute of limitations for this CEQA exemption shall apply if no Notice of Exemption is filed. G 15182 - Residential Projects Pursuant to a Specific Plan. Unlike statutory exemptions, categorical exemptions are not allowed to be used for projects that may cause a substantial adverse change in the significance of an historical resource (14 CCR Section 15300.2(f)). (i) Construction of interim or emergency ground water treatment systems; Development of pedestrian plazas or arcades in public rights-of-way when existing vehicular traffic will not be affected. Class 20 consists of changes in the organization or reorganization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. 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. 2. No exceptions apply that would . Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. (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. Work under this Class may be related to the construction and reconstruction included in Classes 2, 3, 11, and 14. (j) Fish stocking by the California Department of Fish and Game. (e) Excavation and/or off site disposal of contaminated soils or sludges in regulated units; 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). Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? 4. * CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. (A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and Note that the limitation on size and number of facilities is different for different categories of uses. 1. 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