On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . Section 15304, Minor Alterations to Land Reasons for Exemption . The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. 6. Transfer of portions of undeveloped streets to the Recreation and Park Department for development as a park is exempt under this Class. Resurfacing and patching of streets. 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. (c) Working conditions where there will be no demonstrable physical changes outside the place of work. New construction and changes of use of industrial uses are also included when 10,000 square feet or less. To be considered eligible under this Class, a project must be clearly defined by the project proponent as a rehabilitation that is consistent with the Secretary's Standards. (1) The direct referral of a violation of lease, permit, license, certificate, or entitlement for use or of a general rule, standard or objective to the Attorney General, District Attorney, or City Attorney as appropriate, for judicial enforcement. Please be aware that this technical advisory does not provide an exhaustive list; . 15. 16. (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; Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. 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 . In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. Categorical Exemptions: Article 19. Note that new installations, as opposed to replacements, are not covered by this item. This Class ordinarily will not apply in the City and County of San Francisco. It's free to sign up and bid on jobs. The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). Class 10 includes but is not limited to the following examples: 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. A categorical exemption cannot be used for a project that may cause a substantial adverse change in the significance of a historical resource. This item will seldom apply in the City and County of San Francisco. (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. Executive Order 12372 and federal grant resources. This exemption shall also apply to leases and concessions of all departments, boards, and commissions. (a) Grading on land with a slope of less than 10 percent, except that grading shall not be exempt in a waterway, in any wetland, in an officially designated (by federal, state, or local government action) scenic area, or in officially mapped areas of severe geologic hazard such as an Alquist-Priolo Earthquake Fault Zone or within an Official Seismic Hazard Zone, as delineated by the State Geologist. First, Classes 3, 4, 5, 6, 11, and 32 are qualified by consideration of where the project is to be located. (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. Blasting used in excavation and grading is not exempt. 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 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. Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? 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. 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. a preservation architect), a process/procedure (e.g. (e) Additions to existing structures provided that the addition will not result in an increase of more than: (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 . An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). Categorically Exempt. 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. TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . 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 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)). 14 15302, see flags on bad law, and search Casetext's comprehensive legal database Lots not requiring such review, whether small or not, are ministerial projects and are therefore not subject to CEQA review. Accessory structures for existing nonresidential structures are covered by Class 11. The types of utilities covered under this item are indicated under Class 1(b). The project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. 2. 2. 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. 2023010286 - 2023-01-13 - NOE - Sonic 2116-Beech-COExitCx. Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. Key resources for understanding and implementing CEQA. G 15183 - Projects . Operations of facilities in this Class are of an on-going nature. . 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 . CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. 5. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. G Section: 15301, 15303, 15304. Note that this Class concerns one single-family residence. Message - California Code of Regulations. 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. & 15304 Minor Alterations to Land. Section 15304 - Minor Alterations to Land . This item should not be used for code-mandated changes exempted under Class 1(d). 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. (g) New copy on existing on- and off-premise signs. In addition, as noted above and further described below, categorical exemptions cannot be used when any of the "Exceptions" 23-017. (c) New power lines to connect the generating facilities to existing power lines will not exceed one mile in length if located on a new right of way and will not be located adjacent to a wild or scenic river. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Categorical Exemption. Class 18 consists of the designation of wilderness areas under the California Wilderness System. Most sales of surplus property other than land are non-physical actions, but such sales may also include sale of buildings for removal from the site and sale of transportation equipment. 15300. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL RESOURCES. Sales of surplus land may be physical actions, but most such sales are exempt under this Class. to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 - Information Collection. 1. Addition of dwelling units within an existing building is included in this item. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. 12. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (Creation of bicycle lanes is covered under Class 4(h) below.) Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. In addition to such work on public structures and facilities, this item includes nearly all private work resulting from code enforcement and inspections and areawide rehabilitation programs, including loan programs to bring an area up to code. Does the project fall into any CEQA exemption? 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. The term "dwelling unit" or "residential structure" shall also include live/work or loft-style housing units. The Executive Order suspends Public Resources Code, Division 13 (commencing with section 21000, also known as the California Environmental Quality Act or CEQA) and regulations adopted pursuant to that Division under specified circumstances. 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. On-premise signs may also be exempt under Class 1(g). (A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. Categorical Exemption: 21084 . Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. tit. Replacement of stairways using similar materials. v. City & County of San Francisco (Nov. 18, 2022, A164629) . This Class ordinarily will not apply in the City and County of San Francisco. (b) Any of the following conditions exist: (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. There are currently 33 different categorical exemption classes, including the Class 32 Infill Development 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. 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. Categorical exemption is anticipated for this option. To be exempt under this section, the proposed use of the facility: 15300.1. (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. This item is applicable to many instances of proposed school and hospital replacement and reconstruction in San Francisco. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. Work under this Class may be related to the construction and reconstruction included in Classes 2, 3, 11, and 14. 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. 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. Section 15304 of the CEQA Guidelines considers as exemptions: "minor public or private alteration in the condition of land, water, and/or vegetation which do not involve removal of mature, scenic trees except for . 9. . There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. 14. (c) Reversion to acreage in accordance with the Subdivision Map Act. Street closings and equipment for special events. This exemption does not cover expansions in use or capacity of the facility to be replaced or reconstructed. (Guidelines . The amendment and CLASS 17: OPEN SPACE CONTRACTS OR EASEMENTS. Notice of Exemption. 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 . (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. (2) Leasing of client service offices in newly constructed retail space. 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. Replacement, as opposed to maintenance, is covered under Class 2(c) below. 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. (h) The creation of bicycle lanes on existing rights-of-way. (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). . CLASS 28: SMALL HYDROELECTRIC PROJECTS AT EXISTING FACILITIES. (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. 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. 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 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. (e) Acquisition, sale, or other transfer to preserve historical resources. Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: Categorical exemptions are authorized by section 21084, subdivision (a), which states: Under certain exceptional circumstances involving hazards to health and safety, removal of healthy trees may be considered an emergency project. Article 19. (g) The project will not cause violations of applicable state or federal water quality standards. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. (c) Construction or maintenance of interim or temporary surface caps; Fresno. 10. Sections 15301(h) and 15304(b) of California CEQA Guidelines Priya Macwan Management Assistant, , Special Operations Branch, presented Board Report No. 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 is applicable to property owned by the City and County of San Francisco outside its borders. (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. 2. In certain cases, the review must also meet federal requirements pursuant to the National Environmental Policy Act (NEPA) 42 U.S. Code Sections 4321-4347. (j) Posting of warning signs and fencing for a hazardous waste or substance site that meets legal requirements for protection of wildlife. Class 8 will be more often applicable within the borders of the City and County of San Francisco. Replacement of street lighting may be exempted under Class 1(c)(8) above. This Class is for the most part non-physical, but it also includes such activities as test borings; soil, water, and vegetation sampling; and materials testing in facilities and structures. Cleaning and other maintenance of all facilities. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Consideration should be given to categorical exemptions (continue to step II B). The addition of portable classrooms is included in this exemption. 8. A categorical exemption shall not be used for a project which may cause a The types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. SB 35 requires . This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. 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. Commonly Used Exemptions (reference: this website) Class 1 is the "existing facilities" exemption. (2) Result in no noticeable increase in noise to nearby residential structures, (f) Historical Resources. 15304.) This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. 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: Addition and removal of trees and other plant materials on private property does not require a permit. 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. This Class applies only to land that is presently in its natural condition and/or contains historic or archaeological sites. (a) The management plan for the park has not been prepared, or Categorical Exclusions. 5. (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: Setback variances include both front and rear yard variances and modification or abolition of legislated setback lines. . proposed project is also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(f) - Minor Alterations to Land. (1) Meet all the criteria described in Subsection (a), Examples include but are not limited to: 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. Federal Assistance. (2) The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective. Sections 15300 to 15333 . (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. 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. Projects as proposed may not be approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the project's significant environmental impacts (Public Resources Code 21002). (1) Rate and volume of flow, In St. Ignatius Neighborhood Assn. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. School additions are further covered by Class 14. 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. In many cases more than one item in the Class will apply to the same project. It is permissible to restore or rehabilitate a structure to prevent seismic damage under this item, except in the case of a historical resource.
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