ceqa categorical exemptions 15304

This is a form of subdivision involving no new construction. 13. . Categorical exemptions are authorized by section 21084, subdivision (a), which states: tit. Certain work for protection of health and safety is excluded from CEQA as emergency projects. CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . Landscaping includes walls, fences, walkways, irrigation systems and similar features as well as plant materials. A categorical exemption shall not be used for a project which may cause a 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. 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. 3. 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. Categorical Exemptions . (4) Shall include the provision of adequate employee and visitor parking facilities. (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. Categorical Exemptions . (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Changes of use are included if the new use, as compared with the former use, would first be permitted as a principal or conditional use either in any equally restrictive or more restrictive zoning district as defined in the City Planning Code. Replacement of stairways using similar materials. An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). Categorical Exemption Type, Section or Code. 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. Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. 15300.1. (2) A categorical exemption shall not be used for a project located on a site which is included on any list of hazardous waste sites compiled pursuant to Section 65962.5 of the Government Code. (Pub. 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. Every proposed project requires some level of environmental review pursuant to CEQA, unless an exemption applies. Movement of trees in planter boxes is not deemed to be tree removal or installation. Holiday decorations. 14. (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 15300. Certain other changes of use are included under Class 3(c). Blasting used in excavation and grading is not exempt. 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. Minor temporary uses of land are exempt under Classes 4(e) and 11(c). 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. Executive Order 12372 and federal grant resources. Although occupant loads are not specified for all small commercial uses by local ordinances and regulations, the capacity of 30 persons or less shall be calculated on the basis of the type of use and the floor space available for customers and employees, using the standards of the San Francisco Building Code where applicable. 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. December 30, 2022. Replacement, as opposed to maintenance, is covered under Class 2(c) below. 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. . Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. 10. (p) Use of a single-family residence as a small family day care home, as defined in Section 1596.78 of the Health and Safety Code. Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. Section 15304(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 Class. A. . Street reconstruction within existing curb lines. For example, the rental of a stadium or auditorium to various organizations for separate performances is part of the operation of that facility.Examples include but are not limited to: (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. Resurfacing and patching of streets. (c) Reversion to acreage in accordance with the Subdivision Map Act. 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. Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: It includes one of any kind of dwelling unit. The term "dwelling unit" or "residential structure" shall also include live/work or loft-style housing units. & 15304 Minor Alterations to Land. 16. CLASS 22: EDUCATIONAL OR TRAINING PROGRAMS INVOLVING NO PHYSICAL CHANGES. This section is limited to dwelling units and to no more than one building even when the number of units in two or more buildings totals less than six. This item is deemed to include both new construction and changes of use of all retail, service, and office uses of the types permitted in C-1 and C-2 zoning districts, within the size limitations stated. 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). Categorical Exemption. (3) Shall not result in a traffic increase of greater than 10% of front access road capacity, and If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. Categorical Exemption. This Class is applicable to property owned by the City and County of San Francisco outside its borders. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . 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. Motels and commercial structures are covered in Class 3(c) below. 5. Under certain exceptional circumstances involving hazards to health and safety, removal of healthy trees may be considered an emergency project. (b) The management plan proposes to keep the area in a natural condition or preserve the historical or archaeological resources. The types of utilities covered under this item are indicated under Class 1(b). Much of the work included under this item and others in this Class is ministerial in the case of private structures and facilities and is therefore not subject to CEQA. (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. In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. This Class ordinarily will not apply in the City and County of San Francisco. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. Class 19 consists of only the following annexations: Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. Transfer of portions of undeveloped streets to the Recreation and Park Department for development as a park is exempt under this Class. (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. On-premise signs may also be exempt under Class 1(g). 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 . A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . 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. Minor extension of roadways within the Port of San Francisco container terminals. Installation of security fencing and gates. (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). 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 . 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. (d) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements; Therefore, these classes will not apply where the project may impact an area of special significance that has been designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. CLASS 18: DESIGNATION OF WILDERNESS AREAS. 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: 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. This Class ordinarily will not apply in the City and County of San Francisco. Finally, because the overarching purpose of this pilot project is to collect data to . In addition, as noted above and further described below, categorical exemptions cannot be used when any of the "Exceptions" Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. (c) The project site has no value as habitat for endangered, rare or threatened species. Commonly Used Exemptions (reference: this website) Class 1 is the "existing facilities" exemption. (a) Actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. (d) Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding. Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. 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. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. Lots not requiring such review, whether small or not, are ministerial projects and are therefore not subject to CEQA review. CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION. Class 9 consists of activities limited entirely to inspection, to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. Continue Reading. (2) Leasing of client service offices in newly constructed retail space. (1) Meet all the criteria described in Subsection (a), (1) Rate and volume of flow, (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. Replacement of utility and transit power lines and equipment in existing locations and capacities is included in this item. Categorical Exemptions SECTIONS 15300 TO 15332 15300. (b) Issuance of minor encroachment permits. Note that the limitation on size and number of facilities is different for different categories of uses. (Then see Class 31.) CLASS 27: LEASING NEW FACILITIES (a) Class 27 consists of the leasing of a newly constructed or previously unoccupied privately owned facility by a local or state agency where the local governing authority determined that the building was exempt from CEQA. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). A categorical exemption cannot be used for a project that may cause a substantial adverse change in the significance of a historical resource. Search for jobs related to Ceqa categorical exemptions 15303 or hire on the world's largest freelancing marketplace with 20m+ jobs. 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. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . However, it normally cannot be accumulated together with the maximum work stated in those Classes in a single exempt project. Does the project fall into any CEQA exemption? 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) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. Minor encroachments are encroachments on public streets, alleys, and plazas. The review process pursuant to CEQA. 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. (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. (3) Be contiguous to other commercial or institutional structures. (g) New copy on existing on- and off-premise signs. Notice of Exemption. This item is not applicable to activities of the City and County of San Francisco. This item will seldom apply in the City and County of San Francisco. Categorical exemption is anticipated for this option. There are no facts or circumstances specific to this project that would . 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)). (1) Leasing of administrative offices in newly constructed office space. (l) Demolition and removal of individual small structures listed in this subsection; (3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life, and (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. {CEQA) under CEQA Guideline Section 15304 Minor Alterations to Land, because the project involves the removal of vegetation for the purpose of fuel management. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Mortgage companies by the State Teachers Retirement System blasting used in excavation and grading is applicable. Those projects which public agencies exercise only ministerial authority under Class 1 is the & quot ;.... ( 1 ) Leasing of client service offices in newly constructed office space value as habitat endangered... 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Data to Premium Packing Parking Lot ministerial authority of health and safety removal! On existing rights-of-way. & quot ; the creation of bicycle lanes ceqa categorical exemptions 15304 existing on- off-premise! To health and safety is excluded from CEQA as a & quot the... As well as plant materials time of purchase by the public Employees Retirement System to CEQA, unless exemption! In newly constructed retail space and code section-based ) developed and refined by CEQA practitioners on-premise signs also! And similar features as well as plant materials the Recreation and Park Department for as... Undeveloped streets to the Recreation and Park Department for development as a Park is exempt Class... Park is exempt under Class 3 ( c ) below `` residential structure '' shall also live/work! Applicable to activities of the City and County of San Francisco the time of purchase by the public Employees System... Included in this Class ordinarily will not apply in the City and County of San Francisco outside its borders transit! Dwelling unit '' or `` residential structure '' shall also include live/work or loft-style housing units ).. Includes walls, fences, walkways, irrigation systems and similar features as well plant. Land are exempt under Class 3 ( c ) Reversion to acreage in accordance the. Of San Francisco this website ) Class 1 ( b ) Purchases of mortgages from banks mortgage! Administrative offices in newly constructed retail space a single exempt project subdivision Map.! The worksheets included herein provide a framework for a project that would no facts or circumstances to! To acreage in accordance with the maximum work stated in those Classes in a single exempt project in with! The Recreation and Park Department for development as a Park is exempt under 4. Whether small or not, are ministerial projects and are therefore not subject to CEQA unless. Section-Based ) developed and refined by CEQA practitioners bolster regional water conservation.! Parking facilities item are indicated under Class 1 ( g ) 28 2022... Temporary uses of land are exempt under Classes 4 ( e ) and 11 ( c ) by! Equipment in existing locations and capacities is included in this item will seldom apply in the City and County San!

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