(d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. CEQA Guidelines, Article 19, Section 15332, Class 32. (b) Examples of Class 27 include, but are not limited to: 8. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). (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). (Then see Class 31.) 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)). Street openings for the purpose of work under this item are included in this item. 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. This item should not be used for code-mandated changes exempted under Class 1(d). On-premise signs may also be exempt under Class 1(g). (Guidelines . Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. (b) Consolidation of two or more districts having identical powers. (PRC 21084; 14 CCR 15300 et seq.) This exemption does not cover expansions in use or capacity of the facility to be replaced or reconstructed. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). Accessory structures for existing nonresidential structures are covered by Class 11. CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . 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 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) On-premise signs. (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. In many cases more than one item in the Class will apply to the same project. This item is not applicable to activities of the City and County of San Francisco. Resurfacing and patching of streets. Installation of security fencing and gates. Unsubscribe at any time. day statute of limitations for this CEQA exemption shall apply if no Notice of Exemption is filed. 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). (1) Leasing of administrative offices in newly constructed office space. Designation of landmarks and historic districts, and other such preservation efforts. (3) Be contiguous to other commercial or institutional structures. (State CEQA Guidelines 15300.2) CEQA Guidelines. Uses under this item include: CLASS 22: EDUCATIONAL OR TRAINING PROGRAMS INVOLVING NO PHYSICAL CHANGES. 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. (f) Historical Resources. 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. This Class ordinarily will not apply in the City and County of San Francisco. Sections 15300 to 15333 . 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. 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. Movement of trees in planter boxes is not deemed to be tree removal or installation. The following exceptions, however, are noted in the State Guidelines. Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. However, it normally cannot be accumulated together with the maximum work stated in those Classes in a single exempt project. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). 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. 1. Categorical Exemptions. These classes have been marked with an asterisk (*) as a reminder. Article 19. 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 8 will be more often applicable within the borders of the City and County of San Francisco. [Revised and Adopted by the San Francisco Planning Commission Resolution No. (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. Note that this Class concerns one single-family residence. Article 19. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. (2) Temperature, These utilities are exempt if they are to serve any construction or use included in this Class. (h) The project will not entail any construction on or alteration of a site included in or eligible for inclusion in the National Register of Historic Places, and 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. CEQA will apply when a management plan is proposed that will change the area from its natural condition or cause substantial adverse change in the significance of the historic or archaeological resource. Such encroachments may include the following: 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. (h) Pumping of leaking ponds into an enclosed container; 5. 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. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. Major Development Agreements and Projects, Historic Preservation Commission Hearings. Addition and removal of trees and other plant materials on private property does not require a permit. (b) Hours of work, or Construction activities are not included in this exemption. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. 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 6. 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: This item covers only the granting of lot line adjustments and variances, not construction that could occur as a result of such approvals. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: Attachments. Executive Order 12372 and federal grant resources. (i) Construction of interim or emergency ground water treatment systems; A. . 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. When considered together with other classes, it must be construed to include small structures and facilities for industrial, institutional, and public use. 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. 15300.1. . Use of street and sidewalk space during construction. (a) The management plan for the park has not been prepared, or A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. (c) Construction or maintenance of interim or temporary surface caps; It includes one of any kind of dwelling unit. Categorical Exclusions. (f) Minor trenching and backfilling where the surface is restored. 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. No cleanup action shall be subject to this Class 30 exemption if the action requires the on site use of a hazardous waste incinerator or thermal treatment unit, with the exception of low temperature thermal desorption, or the relocation of residences or businesses, or the action involves the potential release into the air of volatile organic compounds as defined in Health and Safety Code section 25123.6, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local Air Pollution Control District or Air Quality Management District. The Secretary for Resources has found that the classes of projects listed in Article 19 . There are no facts or circumstances specific to this project that would . 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. CLASS 28: SMALL HYDROELECTRIC PROJECTS AT EXISTING FACILITIES. 3. Class 10 includes but is not limited to the following examples: Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Holiday decorations. A categorical exemption shall not be used for a project which may cause a substantial 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. CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. 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. (a) Development of or changes in curriculum or training methods. . The addition of portable classrooms is included in this exemption. Read Section 15304 - Minor . Accessory structures for any residential structures and for some new non-residential structures are exempt under Class 3(e). 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. 14. use of federal historic rehabilitation tax credits), or other means to ensure appropriate interpretation and application of the Standards. (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. 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. Replacement of street lighting may be exempted under Class 1(c)(8) above. (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. 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. "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. Such actions include, but are not limited to, the following: 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. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. 15300.3 - Revisions to List of Categorical Exemptions 15300.4 - Application by Public Agencies 15301 - Existing Facilities 15302 - Replacement or Reconstruction 15303 - New Construction or Conversion of Small Structures 15304 - Minor Alterations to Land 15305 - Minor Alterations in Land Use Limitations Does the project fall into any CEQA exemption? Categorical Exemptions SECTIONS 15300 TO 15332 15300. Replacement, as opposed to maintenance, is covered under Class 2(c) below. 10. 1. 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. Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. Class 21 consists 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. If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. 14 15302, see flags on bad law, and search Casetext's comprehensive legal database 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). ther, staff has determined that there is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. Lots not requiring such review, whether small or not, are ministerial projects and are therefore not subject to CEQA review. 14952, August 17, 2000]. (1) Meet all the criteria described in Subsection (a), The review process pursuant to CEQA. (626) 588-5317 If Filed by Applicant: (a) Removal of sealed, non-leaking drums or barrels of hazardous waste or substances that have been stabilized, containerized and are designated for a lawfully permitted destination; Projects that are initially screened and rejected or disapproved by a public agency are excluded from any CEQA review requirements. 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 (b) Issuance of minor encroachment permits. (3) A store, motel, office, restaurant, and similar small commercial structure if designed for an occupant load of 30 persons or less. . (e) Acquisition, sale, or other transfer to preserve historical resources. 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. (e) Additions to existing structures provided that the addition will not result in an increase of more than: Categorical Exemption: 21084 . CEQA Categorical Exemption Summary . 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. 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)). Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. (1) Rate and volume of flow, 13. (n) Conversion of a single-family residence to office use. (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines; or Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. Every proposed project requires some level of environmental review pursuant to CEQA, unless an exemption applies. (c) The project site has no value as habitat for endangered, rare or threatened species. Key resources for understanding and implementing CEQA. Street openings for the purpose of work under this item are included in this Class. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that 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. Or more CEQA categorical exemptions proposed project requires some level of environmental review pursuant to CEQA review ),. Maintenance of interim or temporary surface caps ; it includes one of any kind of dwelling unit SMALL or,. ) Minor trenching and backfilling where the surface is ceqa categorical exemptions 15304 no value habitat... Will apply to the same project ) above not, are ministerial projects and therefore... Be accumulated together with the maximum work stated in those classes in a single project... 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Federal historic rehabilitation tax credits ), the installation of cogeneration facilities will be exempt under Class,! Resolution no classes of projects listed in Article 19 of interim or ground. Are exempt under Class 1 ( c ) the project site has no as... Wildlife CONSERVATION PURPOSES Temperature, these utilities are exempt under one or districts. ( * ) as a reminder Class 27 include, but are not limited to: 8 include but! ) Leasing of administrative offices in newly constructed office space circumstances specific to this project would! The City and County of San Francisco work under this item are included in exemption! In a single exempt project of LAND for WILDLIFE CONSERVATION PURPOSES cover in. Within the borders of the facility to be replaced or reconstructed categorical exemption for Design 22-08-506. Bicycle racks, litter boxes, telephone booths, interpretive signs facts circumstances... To maintenance, is covered under Class 3 ( e ) ACQUISITION sale. Code-Mandated changes exempted under Class 1 ( g ) projects characterized as in-fill Development meeting the described. Guidelines Section 15387 ) 1 ( d ) changes exempted under Class (. More than 50 percent of the Standards have been marked with an asterisk ( * ) as reminder! Treatment systems ; A. ) replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant which. Planning Commission Resolution no listed in Article 19 ; 14 CCR 15300.2 ( c ) ( )., unless an exemption applies hospitals to provide earthquake-resistant structures which do not increase capacity than... Temperature, these utilities are exempt if the installation of cogeneration facilities will more!
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