ceqa categorical exemptions 15304ceqa categorical exemptions 15304

Common Sense Exemption. Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. 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. . County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . Relation to Ministerial Projects. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. Uses under this item include: 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. 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). 2. 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 . 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. 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. CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. tit. Section 15304 of the CEQA Guidelines permits, as a categorical exemption, the minor alteration of land or vegetation that does not involve removal of mature, scenic trees. Categorical exemptions are authorized by section 21084, subdivision (a), which states: (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. 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 17: OPEN SPACE CONTRACTS OR EASEMENTS. Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: 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. 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 . Categorically Exempt. This Class, as a whole, includes a wide range of activities concerning existing structures and facilities. If grading is part of a larger project requiring environmental review, the grading will be considered as part of such project, regardless of slope. (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. (c) Working conditions where there will be no demonstrable physical changes outside the place of work. 4. 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. 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. Unsubscribe at any time. Examples of such minor cleanup actions include but are not limited to: This item is applicable where there would be no changes in street capacity significantly affecting the level of service. (2) A duplex or similar multifamily residential structure. There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. A. . Categorical Exemptions. 3. 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. (e) Additions to existing structures provided that the addition will not result in an increase of more than: 1. 12. (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. In the downtown area, parking lots of up to approximately 50 parking spaces are considered small and are therefore exempt. * CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. 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: 14. 15. CLASS 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. The addition of portable classrooms is included in this exemption. 1. This item is applicable to many instances of proposed school and hospital replacement and reconstruction in San Francisco. 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. (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. The definition of individual small structures under this Class is similar to but not exactly the same as that found under Class 3, below. Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. It's free to sign up and bid on jobs. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. 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. Fire Department permits: public fireworks display, tent. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or (b) Any of the following conditions exist: (2) 10,000 square feet if: Installation of security fencing and gates. Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. Projects may have a statutory exemption, created by the legislature, or a categorical exemption, which refers to exemptions established by regulators. SB 35 requires . Use of street and sidewalk space during construction. (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. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. Development of pedestrian plazas or arcades in public rights-of-way when existing vehicular traffic will not be affected. These classes have been marked with an asterisk (*) as a reminder. The California Environmental Quality Act (CEQA) and the Guidelines for implementation of CEQA adopted by the Secretary of the California Resources Agency require that local agencies adopt a list of categorical exemptions from CEQA. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. (State CEQA Guidelines 15300.2) 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. [Revised and Adopted by the San Francisco Planning Commission Resolution No. 6. Class 19 consists of only the following annexations: (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. Transportation SB 743. 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 . 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. Major Development Agreements and Projects, Historic Preservation Commission Hearings. (i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources. (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. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. Article 19. a categorical exemption under ceqa. The utility extensions may serve a number of new structures built separately. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: A categorical exemption cannot be used for a project that may cause a substantial adverse change in the significance of a historical resource. (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel. (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. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . Replacement of utility and transit power lines and equipment in existing locations and capacities is included in this item. (a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats. CEQA review: Categorical Exemption per Section 15304(b) Project Planner: Jeremy Loh FAST TRACK HEARING 10:15 AM 27790 Stirrup Way - File #SD22-0032 - Lands of Parikh Fast Track Permit for a new 5,000 square-foot residence with 2,861 square-foot basement; increased maximum height (27-11") and increased setbacks. First, Classes 3, 4, 5, 6, 11, and 32 are qualified by consideration of where the project is to be located. (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. CEQA Exemptions. Class 6 consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. 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. Street reconstruction within existing curb lines. This exemption does not cover expansions in use or capacity of the facility to be replaced or reconstructed. Designation of landmarks and historic districts, and other such preservation efforts. However, sewers are an exception to this rule where the size increase is solely for the purpose of carrying storm water runoff in order to prevent flooding in the immediate area. (b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. (4) Timing of release. 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. Such actions include, but are not limited to, the following: 2. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. Categorical Exemption. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: CLASS 26: ACQUISITION OF HOUSING FOR HOUSING ASSISTANCE PROGRAMS. 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. Class 26 consists of actions by a redevelopment agency, housing authority, or other public agency to implement an adopted Housing Assistance Plan by acquiring an interest in housing units. Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. proposed project is also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(f) - Minor Alterations to Land. {CEQA) under CEQA Guideline Section 15304 Minor Alterations to Land, because the project involves the removal of vegetation for the purpose of fuel management. 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. Certain utilities under the jurisdiction of the State Public Utilities Commission are not subject to local control and therefore do not require local environmental review. (l) Demolition and removal of individual small structures listed in this subsection; Minor extension of roadways within the Port of San Francisco container terminals. (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. 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. 3. The numbers of structures described in this section are the maximum allowable on any legal parcel. 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". Street closings and equipment for special events. Sections 15301(h) and 15304(b) of California CEQA Guidelines Priya Macwan Management Assistant, , Special Operations Branch, presented Board Report No. Setback variances include both front and rear yard variances and modification or abolition of legislated setback lines. use of federal historic rehabilitation tax credits), or other means to ensure appropriate interpretation and application of the Standards. G 15183 - Projects . (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (h) The creation of bicycle lanes on existing rights-of-way. (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. The City Cannot Rely on a Categorical Exemption when mitigation measures are required. Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. 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. This Class is applicable to property owned by the City and County of San Francisco outside its borders. 15300.1. 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. 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). CEQA applies to certain activities of state and local public agencies. 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. Grading in connection with demolition is categorically exempt only as stated under Class 4. (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. Consideration should be given to categorical exemptions (continue to step II B). The City concluded the project was categorically exempt pursuant to the In-fill exemption (CEQA Guidelines 15332) and the "New Construction or Conversion of Small Structures" exemption . The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. 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. 15301 Class 1(c). (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 . NO: Preliminary CEQA analysis is required Siting of the replacement structure(s) may not result in land alterations other than those necessary to remove the old structure(s) and to provide new foundations in compliance with present building and seismic safety codes. Does the project fall into any CEQA exemption? Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to: (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. (Guidelines . Work under this Class may be related to the construction and reconstruction included in Classes 2, 3, 11, and 14. Kountz was driving a 2013 Kenworth tanker truck westbound on Highway 20 east of . Development of parks and open space on undeveloped streets within Port of San Francisco jurisdiction would be included in this item. Section 15304(h) "The creation of bicycle lanes on existing rights-of-way." . Class 8 will be more often applicable within the borders of the City and County of San Francisco. The proponent must demonstrate use of qualified personnel (e.g. Construction activities are not included in this exemption. Fresno. In such cases any special permit for grading will not be reviewed separately. (3) Be contiguous to other commercial or institutional structures. . 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. CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. 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. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. 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. (a) The property does not have significant values for wildlife habitat or other environmental purposes, and This is a form of subdivision involving no new construction. (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains.

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