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. * CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. Executive Order 12372 and federal grant resources. 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. In addition to such work on public structures and facilities, this item includes nearly all private work resulting from code enforcement and inspections and areawide rehabilitation programs, including loan programs to bring an area up to code. Removal of dead, seriously damaged, and incurably diseased trees is exempt under this Class. (a) Development of or changes in curriculum or training methods. 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. 2. Note that the limitation on size and numbers of facilities is different for different categories of uses. This Class, as a whole, includes a wide range of activities concerning existing structures and facilities. (4) Timing of release. This item covers only the granting of lot line adjustments and variances, not construction that could occur as a result of such approvals. This item will seldom apply in the City and County of San Francisco. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to 65962.5 of the Government Code. (a) The property does not have significant values for wildlife habitat or other environmental purposes, and Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. This Class includes activities such as an energy-conservation program funded by a regulatory agency. Designation of landmarks and historic districts, and other such preservation efforts. 9. Attachments. Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. (Pub. 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. (626) 588-5317 If Filed by Applicant: Any project that either receives state funding or requires a state-level permit is affected by CEQA. In many cases more than one item in the Class will apply to the same project. 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. These utilities are exempt if they are to serve any construction or use included in this Class. 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: 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. to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 - Information Collection. Setback variances include both front and rear yard variances and modification or abolition of legislated setback lines. (h) The creation of bicycle lanes on existing rights-of-way. 4. Construction activities are not included in this exemption. CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. 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. NOE filed . 3. 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. Class 25 includes open space acquisition in some special circumstances. Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. (g) New copy on existing on- and off-premise signs. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. Transfer of portions of undeveloped streets to the Recreation and Park Department for development as a park is exempt under this Class. The following list include statutory and categorical exemptions under CEQA that may apply in post-disaster recovery efforts such as the recovery and building of housing stock and associated infrastructure. 11. Installation and removal of parking meters. 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 5: MINOR ALTERATIONS IN LAND USE LIMITATIONS. (State CEQA Guidelines 15300.2) SB 35 requires . Categorical Exemption. (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. 15300. Landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . Additionally, small projects which are part of a larger project requiring environmental review generally must be reviewed as part of such larger project, and are not exempt. (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. (l) Demolition and removal of individual small structures listed in this subsection; In such cases any special permit for grading will not be reviewed separately. To be exempt under this section, the proposed use of the facility: Grading in connection with demolition is categorically exempt only as stated under Class 4. Most sales of surplus property other than land are non-physical actions, but such sales may also include sale of buildings for removal from the site and sale of transportation equipment. When considered together with other classes, it must be construed to include small structures and facilities for industrial, institutional, and public use. 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. CATEGORICAL EXEMPTIONS 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. This Class applies only to land that is presently in its natural condition and/or contains historic or archaeological sites. Categorical Exemptions SECTIONS 15300 TO 15332 15300. (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? Categorical Exemptions. Amending the San Francisco General Plan to include a parcel in the Recreation and Open Space Plan is not categorically exempt. Accessory structures for any residential structures and for some new non-residential structures are exempt under Class 3(e). (B) The area in which the project is located is not environmentally sensitive. 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. CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. The numbers of structures described in this section are the maximum allowable on any legal parcel. Street vacations of undeveloped streets rights-of-way are included under this item. Certain other changes of use are included under Class 3(c). Note that this Class concerns one single-family residence. Unsubscribe at any time. 12. 23-017. (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 (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. 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. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: 2. Accessory structures for existing nonresidential structures are covered by Class 11. 14. CEQA Guidelines. Section 15304, Minor Alterations to Land Reasons for Exemption . (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. 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. (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. This Class is rarely applicable to activities of the City and County of San Francisco. This item also includes development activities involved in the creation of new parks when the creation of a new park is not outside standards for exemption set forth in this or other classes. 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 . (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. 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. (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. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . (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. Such uses might have certain temporary effects of a nuisance nature, but such effects are to be controlled by the regulatory department issuing permits for such uses. (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. 1. Uses under this item include: The project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. 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. 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 . The South 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. Section 15304 - Minor Alterations to Land . 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 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. Class 10 includes but is not limited to the following examples: 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): 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: Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. (e) Additions to existing structures provided that the addition will not result in an increase of more than: No exceptions apply that would . bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to: 14 15302, see flags on bad law, and search Casetext's comprehensive legal database 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. (c) Construction or maintenance of interim or temporary surface caps; (3) Shall not result in a traffic increase of greater than 10% of front access road capacity, and The key consideration is whether the project involves negligible or no expansion of an existing use. 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. To be considered eligible under this Class, a project must be clearly defined by the project proponent as a rehabilitation that is consistent with the Secretary's Standards. 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. 2. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. Class 8 regarding urban open space acquisition, and Class 16 for special types of park acquisition, may also apply. Provide your email address to sign up for news or other topics of interest. (j) Fish stocking by the California Department of Fish and Game. 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. Historical Resources. 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. (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. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the Under certain exceptional circumstances involving hazards to health and safety, removal of healthy trees may be considered an emergency project. CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. Fresno. 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. This item should not be used for code-mandated changes exempted under Class 1(d). 15301 Class 1(c). 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). (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or Categorical Exemption Type, Section or Code. However, it normally cannot be accumulated together with the maximum work stated in those Classes in a single exempt project. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . 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. (c) Placement of seasonal or temporary use items such as lifeguard towers, mobile food units, portable restrooms, or similar items in generally the same locations from time to time in publicly owned parks, stadiums, or other facilities designed for public use. 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. 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. 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. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . Note that the limitation on size and number of facilities is different for different categories of uses. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. Lead Agency Contact Person: Jui Ing Chien (Area Code) Telephone/Ext. Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . LAKE COUNTY, Calif. The Lake County Sheriff's Office has identified the driver killed when the tanker truck he was driving overturned and went off Highway 20 early Saturday morning. 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