CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. 3. 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. Installation and removal of parking meters. Development of pedestrian plazas or arcades in public rights-of-way when existing vehicular traffic will not be affected. 5. Projects covered under this category that involve the transfer of ownership of interest in land may also be exempt under Class 25. (c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. 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. 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. CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. 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. 15. Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. 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)). 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 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). There are no facts or circumstances specific to this project that would . 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. (b) Hours of work, or (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. (i) Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters. Movement of trees in planter boxes is not deemed to be tree removal or installation. 13. NO: Preliminary CEQA analysis is required 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. School additions are further covered by Class 14. Setback variances include both front and rear yard variances and modification or abolition of legislated setback lines. This is a form of subdivision involving no new construction. The proponent must understand that work undertaken may be halted, and the exemption revoked, if the work is not being performed consistent with the Standards as originally defined. 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- In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. In urbanized areas, this exemption applies to duplexes and similar structures where no more than six dwelling units will be demolished. (3) A store, motel, office, restaurant, and similar small commercial structure if designed for an occupant load of 30 persons or less. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. Installation and replacement of guide rails and rockfall barriers. (Guidelines . 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. This Class is applicable to property owned by the City and County of San Francisco outside its borders. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. This Class may be used where above-noted conditions (a) through (e) are fulfilled, where it can be seen with certainty that the proposed project could not have a significant effect on the environment. 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. 1. (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or (2) A duplex or similar multifamily residential structure. (f) Application of dust suppressants or dust binders to surface soils; SB 35 requires . Sections 15301(h) and 15304(b) of California CEQA Guidelines Priya Macwan Management Assistant, , Special Operations Branch, presented Board Report No. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. Consideration should be given to categorical exemptions (continue to step II B). (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. (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. Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. 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. 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 . Section 15304(h) "The creation of bicycle lanes on existing rights-of-way." . The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. The numbers of structures described in this section are the maximum allowable on any legal parcel. The acquisition or sale of land in order to establish a park where the land is still in its natural condition may be exempted under Class 16. If grading is part of a larger project requiring environmental review, the grading will be considered as part of such project, regardless of slope. Historical Resources. (B) The area in which the project is located is not environmentally sensitive. 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. Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: 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. (a) The capacity of the generating facilities is five megawatts or less, 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. Key resources for understanding and implementing CEQA. There are two sets of exemptions under CEQA - Categorical and Statutory. (Then see Class 31.) 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. Covered by the . 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. Such maintenance pertains primarily to existing landscaping, but when combined with Classes 2 and 4(b), this item includes replacement with similar landscaping. Notice of Exemption. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. 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). (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. (State CEQA Guidelines 15300.2) (e) There will be no significant upstream or downstream passage of fish affected by the project. 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. (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. 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. Changes in traffic and parking regulations, including installation and replacement of signs in connection therewith, where such changes do not establish a higher speed limit along a significant portion of the street and will not result in more than a negligible increase in use of the street. The key consideration is whether the project involves negligible or no expansion of an existing use. Uses under this item include: 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. (b) Changes in the grade structure in a school which do not result in changes in student transportation. 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 . The City Cannot Rely on a Categorical Exemption when mitigation measures are required. Federal Assistance. (c) Acquisition, sale, or other transfer to allow restoration of natural conditions, including plant or animal habitats. Addition of dwelling units within an existing building is included in this item. 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. 6. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . CLASS 26: ACQUISITION OF HOUSING FOR HOUSING ASSISTANCE PROGRAMS. Motels and commercial structures are covered in Class 3(c) below. When considered together with Classes 1(d), 3, and 11, it must be deemed to include replacement and reconstruction of industrial, institutional, and public structures and facilities within the limitations stated, including construction undertaken to meet seismic safety standards. 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). or threatened plant or animal species or significant erosion and sedimentation of surface waters.This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection . Accessory structures for any residential structures and for some new non-residential structures are exempt under Class 3(e). Water supply reservoirs under this item supplement the water systems under Class 1(b) above. Lots not requiring such review, whether small or not, are ministerial projects and are therefore not subject to CEQA review. 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. 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. 3. (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. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Examples of such minor cleanup actions include but are not limited to: Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. Use of street and sidewalk space during construction. This Class ordinarily will not apply in the City and County of San Francisco. 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 Sales of surplus land may be physical actions, but most such sales are exempt under this Class. On-premise signs may also be exempt under Class 1(g). It is permissible to restore or rehabilitate a structure to prevent seismic damage under this item, except in the case of a historical resource. 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. Note that the limitation on size and numbers of facilities is different for different categories of uses. (f) Historical Resources. (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. 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. The definition of individual small structures under this Class is similar to but not exactly the same as that found under Class 3, below. (h) The creation of bicycle lanes on existing rights-of-way. Street openings for the purpose of work under this item are included in this item. This exemption shall also apply to leases and concessions of all departments, boards, and commissions. Kountz was driving a 2013 Kenworth tanker truck westbound on Highway 20 east of . This item includes temporary structures associated with public events of up to a two-week duration, such as music festivals, and includes sporting events, such as the ESPN Extreme Games (X-Games), on public and/or private property. 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 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: A categorical exemption shall not be used for a project which may cause a substantial 14. PRC Section 21084 requires the CEQA 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 be exempt from the provisions of CEQA. Projects that are initially screened and rejected or disapproved by a public agency are excluded from any CEQA review requirements. Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. This Class ordinarily will not apply in the City and County of San Francisco. Fire Department permits: public fireworks display, tent. (e) Acquisition, sale, or other transfer to preserve historical resources. Unsubscribe at any time. 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: 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. 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 . (b) Maintenance or stabilization of berms, dikes, or surface impoundments; Landscaping includes walls, fences, walkways, irrigation systems and similar features as well as plant materials. 2. (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. 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. Notations of authority cited within the CEQA guidelines. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . 15300. This item covers accessory structures for both existing and new residential structures. (1) Meet all the criteria described in Subsection (a), (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. 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. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. 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. (3) Shall not result in a traffic increase of greater than 10% of front access road capacity, and (b) Consolidation of two or more districts having identical powers. (e) The site can be adequately served by all required utilities and public services. (626) 588-5317 If Filed by Applicant: is diane wells still married to rick bragg . 4. Search for jobs related to Ceqa categorical exemptions 15303 or hire on the world's largest freelancing marketplace with 20m+ jobs. 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. 4. 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 . Replacement of light standards and fixtures, not including a program for extensive replacement throughout a district or along an entire thoroughfare. Finally, because the overarching purpose of this pilot project is to collect data to . 5. (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines; or Class 18 consists of the designation of wilderness areas under the California Wilderness System. a categorical exemption under ceqa. 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. . 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. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). (b) Issuance of minor encroachment permits. G 15183 - Projects . (f) Minor trenching and backfilling where the surface is restored. It includes one of any kind of dwelling unit. 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)). proposed project is also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(f) - Minor Alterations to Land. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). Cleaning and other maintenance of all facilities. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. Blasting used in excavation and grading is not exempt. This Class includes: This item should not be used for code-mandated changes exempted under Class 1(d). The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. Landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. The California Environmental Quality Act Guidelines considered minor alterations to the land as a Class 4 Categorical Exemption. Replacement of stairways using similar materials. Message - California Code of Regulations. 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 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. Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. (3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life, and 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. Class 29 consists of the installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting the conditions described in this section. 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. 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). Class 19 consists of only the following annexations: (a) The management plan for the park has not been prepared, or (a) Development of or changes in curriculum or training methods. Read Section 15302 - Replacement or Reconstruction, Cal. CLASS 18: DESIGNATION OF WILDERNESS AREAS. Article 19. This Class includes activities such as an energy-conservation program funded by a regulatory agency. * CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. (a) Employee wages, 15300.1. (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. In a partially published opinion in Save Lafayette v.City of Lafayette (2022) 85 Cal.App.5th 842, the First District Court of Appeal upheld approval of an affordable housing project in the face of the third in a series of lawsuits filed by a citizens group against it.The Court held that the applicant could resume processing of its application after several years pursuing an alternative . 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. . Accessory structures for existing nonresidential structures are covered by Class 11. 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: (e) Additions to existing structures provided that the addition will not result in an increase of more than: A. . Categorical Exemptions . (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices. 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. Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. Devices used during construction under this item include temporary shoring, temporary sanitary facilities, barriers, and covered pedestrian walkways in street areas. Note that new installations, as opposed to replacements, are not covered by this item. 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".

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