A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . Covered by the . (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or This document is not available on Westlaw. The City also argued that applying the Brown Act to a CEQA exemption would place an intolerable burden on local agencies, requiring basic administrative decisions such . 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. 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: CLASS 26: ACQUISITION OF HOUSING FOR HOUSING ASSISTANCE PROGRAMS. . (4) Shall include the provision of adequate employee and visitor parking facilities. The California Environmental Quality Act Guidelines considered minor alterations to the land as a Class 4 Categorical Exemption. NO: Preliminary CEQA analysis is required Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. Section 15304 - Minor Alterations to Land . 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. 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. According to CEQA Guidelines section 15304, Class 4 categorical exemptions are as follows: "Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve . This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the The addition of portable classrooms is included in this exemption. Certain new structures and facilities, and expansions, are covered by subsequent Classes. (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 16. This Class is applicable to property owned by the City and County of San Francisco outside its borders. 7. Federal Assistance. (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). (e) Additions to existing structures provided that the addition will not result in an increase of more than: CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . (f) Application of dust suppressants or dust binders to surface soils; 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. (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. 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). Holiday decorations. Section 15304(h) "The creation of bicycle lanes on existing rights-of-way." . Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. 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. 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. These classes have been marked with an asterisk (*) as a reminder. A categorical exemption from CEQA rests on a finding by the Resources Agency that a class or category of projects does not have a significant adverse environmental effect; a lead agency's finding that a proposed project falls within one of the exempt classes thus includes an implied finding that the project has no significant environmental . 2023010286 - 2023-01-13 - NOE - Sonic 2116-Beech-COExitCx. Permits for private filling of this kind are ministerial and are therefore not subject to CEQA. (a) The property does not have significant values for wildlife habitat or other environmental purposes, and The Executive Order suspends Public Resources Code, Division 13 (commencing with section 21000, also known as the California Environmental Quality Act or CEQA) and regulations adopted pursuant to that Division under specified circumstances. 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: (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. Operations of facilities in this Class are of an on-going nature. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. This Class includes activities such as an energy-conservation program funded by a regulatory agency. Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class 3/Section 3.c: New Construction or Conversion of Small Structures ; and SG 15304, Class 4/Section 3.d: Minor Alterations to Land. to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 - Information Collection. 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. 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. day statute of limitations for this CEQA exemption shall apply if no Notice of Exemption is filed. The amendment and Categorical Exemptions . 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. (n) Conversion of a single-family residence to office use. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. Please be aware that this technical advisory does not provide an exhaustive list; . (a) The capacity of the generating facilities is five megawatts or less, Changes of use are also included if the occupancy of the new use would not exceed the equivalent occupancy of the former use plus an addition to the former use, as exempted under Class 1(e). Article 19. Lead Agency Contact Person: Jui Ing Chien (Area Code) Telephone/Ext. (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. (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. (1) The direct referral of a violation of lease, permit, license, certificate, or entitlement for use or of a general rule, standard or objective to the Attorney General, District Attorney, or City Attorney as appropriate, for judicial enforcement. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. (f) Minor trenching and backfilling where the surface is restored. Search for jobs related to Ceqa categorical exemptions 15303 or hire on the world's largest freelancing marketplace with 20m+ jobs. This class also includes maintenance and repair of pier aprons, piers, boat ramps, and other pile-supported structures in areas that are not environmentally sensitive. State type and section number: 15303 New Constr. 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). 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. 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. Street closings and equipment for special events. (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 . (d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood. (a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats. Categorical Exemption Type, Section or Code. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. f. Historical Resources. . In the downtown area, parking lots of up to approximately 50 parking spaces are considered small and are therefore exempt. (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Addition of dwelling units within an existing building is included in this item. There is no substantial evidence that there are any "unusual circumstances" associated with . 2. The process for reviewing these projects complies with the California Environmental Quality Act (CEQA) and with the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). 14952, August 17, 2000]. {CEQA) under CEQA Guideline Section 15304 Minor Alterations to Land, because the project involves the removal of vegetation for the purpose of fuel management. 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: 15304.) 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 22: EDUCATIONAL OR TRAINING PROGRAMS INVOLVING NO PHYSICAL CHANGES. Designation of landmarks and historic districts, and other such preservation efforts. This item applies only to property owned by the City and County of San Francisco outside its borders. (State CEQA Guidelines 15300.2) Certain other changes of use are included under Class 3(c). A project that would ordinarily be insignificant in its impact on the environment may, in a particularly sensitive or hazardous area, be significant. (g) Controls for surface water run-on and run-off that meets seismic safety standards; (a) Development of or changes in curriculum or training methods. (b) Changes in the grade structure in a school which do not result in changes in student transportation. Class 19 consists of only the following annexations: 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. The California Environmental Quality Act (CEQA) map below displays Exemptions (Categorical, Statutory and Community Plan Exemptions), Mitigated Negative Declarations and Environmental Impact Reports related to applications filed with the San Francisco Planning Department.Amendments to Chapter 31 of the San Francisco Administrative Code that became effective as of September 25, 2013 require the . Minor extension of roadways within the Port of San Francisco container terminals. 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. Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. 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 Kountz was driving a 2013 Kenworth tanker truck westbound on Highway 20 east of . (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. 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. Class 18 consists of the designation of wilderness areas under the California Wilderness System. (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. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 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. 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)). Conversion of a single-family dwelling to office use is covered under item (n) below. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. Categorical exemptions are authorized by section 21084, subdivision (a), which states: Street openings for the purpose of work under this item are included in this item. Uses under this item include: Where grading is done for construction of a building exempted by Class 3, and is covered by the construction permit, such grading is exempt under that Class even if on a slope of 10 percent or more. (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. To be exempt under this section, the proposed use of the facility: This is a form of subdivision involving no new construction. Installation of security fencing and gates. Blasting used in excavation and grading is not exempt. CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. (j) Fish stocking by the California Department of Fish and Game. 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. CEQA Guidelines, Article 19, Section 15332, Class 32. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. Certain actions are not considered "projects" under CEQA, and are exempt from the environmental review process because they "have been determined not to have a significant effect on the environment". . 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. 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. . 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). Minor temporary uses of land are exempt under Classes 4(e) and 11(c). (2) Comply with all applicable state, federal, and local air quality laws. Class 25 includes open space acquisition in some special circumstances. 10. Projects may have a statutory exemption, created by the legislature, or a categorical exemption, which refers to exemptions established by regulators. Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. Categorical exemption is anticipated for this option. 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 term "dwelling unit" or "residential structure" shall also include live/work or loft-style housing units. 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. 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. (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. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. The City Cannot Rely on a Categorical Exemption when mitigation measures are required. Such maintenance pertains primarily to existing landscaping, but when combined with Classes 2 and 4(b), this item includes replacement with similar landscaping. NOE filed . In such cases any special permit for grading will not be reviewed separately. (c) Working conditions where there will be no demonstrable physical changes outside the place of work. Lighting in parks and playgrounds and around buildings may be regarded as a safety or health protection device under this item, provided such lighting does not produce excessive glare. Transfer of portions of undeveloped streets to the Recreation and Park Department for development as a park is exempt under this Class. Of San Francisco container terminals and backfilling where the surface is restored and section-based. The term `` dwelling unit '' or `` residential structure '' shall also include live/work or loft-style housing units certain! Bicycle racks, litter boxes, vending stands, benches, bicycle racks litter. Public agency must comply with CEQA when it undertakes an activity defined by CEQA as a Class Categorical... Is a form of subdivision involving no new construction Exemption when mitigation measures are required: Ing! ( appurtenant ) structures including garages, carports, patios, swimming,! 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Exemption is filed loudspeaker, rummage or garage sale Person: Jui Ing Chien Area... To office use Fish and Game please be aware that this technical advisory does provide!