(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. (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 . (PRC 21084; 14 CCR 15300 et seq.) Categorical Exemption. 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. CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. Permits for private filling of this kind are ministerial and are therefore not subject to CEQA. Categorical exemptions are authorized by section 21084, subdivision (a), which states: 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). (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. This Class is rarely applicable to activities of the City and County of San Francisco. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Minor temporary uses of land are exempt under Classes 4(e) and 11(c). 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. 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". 11. 14952, August 17, 2000]. Acquisition of urban open space. A categorical exclusion (CE) is a class of actions that a Federal agency has determined, after review by CEQ, do not individually or cumulatively have a significant effect on the human environment and for which, therefore, neither an environmental assessment nor an environmental impact statement is normally required. (2) 10,000 square feet if: 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 . A categorical exemption shall not be used for a project which may cause a substantial (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. 15. Development of an urban park following acquisition may also be exempt under Class 4(b). (2) Result in no noticeable increase in noise to nearby residential structures, (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. (b) Examples of Class 27 include, but are not limited to: The review process pursuant to CEQA. Class 19 consists of only the following annexations: Water mains are also an exception where the size increase is necessary to bring old mains up to the current minimum standard to serve existing development, or to provide adequate capacity for fire protection for such development. G 15061(b)(3) - It can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the activity is not subject to the CEQA. Read Section 15304 - Minor . Operations of facilities in this Class are of an on-going nature. Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: School additions are further covered by Class 14. There are no facts or circumstances specific to this project that would . categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). (b) Hours of work, or 15300.1. 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. (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. 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. 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. 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. (1) Result in no net increases in air emissions from the industrial facility, or will produce emissions lower than the amount that would require review under the new source review rules applicable in the county, and New construction and changes of use of industrial uses are also included when 10,000 square feet or less. These utilities are exempt if they are to serve any construction or use included in this Class. (b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. 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). By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: Use of street and sidewalk space during construction. ENVIRONMENTALSTATUS: Categorical exemption for replacement landscaping, per State CEQA Guidelines Sections 15304(b)--this proposal falls within a class of projects which the State has determined not to have a significant effect on the environment. Under certain exceptional circumstances involving hazards to health and safety, removal of healthy trees may be considered an emergency project. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. This item covers accessory structures for both existing and new residential structures. CLASS 26: ACQUISITION OF HOUSING FOR HOUSING ASSISTANCE PROGRAMS. In urbanized areas, up to three single-family residences may be demolished under this exemption. (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. 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 Does the project fall into any CEQA exemption? Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. 10. CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION. (a) Establishment of a subsidiary district. Water supply reservoirs under this item supplement the water systems under Class 1(b) above. 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. (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. Removal of dead, seriously damaged, and incurably diseased trees is exempt under this Class. (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. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. 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. 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. The "same site" shall be deemed to mean the same lot or lots as were occupied by the original structure(s). 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 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)). 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. 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. Only land divisions into four or fewer parcels requiring no variances from the City Planning Code and no exceptions from the San Francisco Subdivision Ordinance are covered by this Class. Amending the San Francisco General Plan to include a parcel in the Recreation and Open Space Plan is not categorically exempt. Changes of use are also included if the occupancy of the new use would not exceed the equivalent occupancy of the former use plus an addition to the former use, as exempted under Class 1(e). 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. Holiday decorations. 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 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 also argued that applying the Brown Act to a CEQA exemption would place an intolerable burden on local agencies, requiring basic administrative decisions such . 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. If grading is part of a larger project requiring environmental review, the grading will be considered as part of such project, regardless of slope. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. Repair and replacement of bicycle ways, pedestrian trails, and dog exercise areas, and signs so designating, where to do so will not involve the removal of a scenic resource. Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. The Secretary for Resources has found that the classes of projects listed in Article 19 . Categorical Exemptions . This Class ordinarily will not apply in the City and County of San Francisco. Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. CLASS 22: EDUCATIONAL OR TRAINING PROGRAMS INVOLVING NO PHYSICAL CHANGES. use of federal historic rehabilitation tax credits), or other means to ensure appropriate interpretation and application of the Standards. 8. 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. 15300.2. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . Examples include but are not limited to: 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. (1) Meet all the criteria described in Subsection (a), In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. CLASS 25: TRANSFERS OF OWNERSHIP OF INTEREST IN LAND TO PRESERVE EXISTING NATURAL CONDITIONS. (f) Minor trenching and backfilling where the surface is restored. Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. 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. When considered together with other classes, it must be construed to include small structures and facilities for industrial, institutional, and public use. e. Hazardous Waste Sites. 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. 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. Resurfacing and patching of streets. Note that the limitation on size and number of facilities is different for different categories of uses. a categorical exemption under ceqa. These classes have been marked with an asterisk (*) as a reminder. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. The utility extensions may serve a number of new structures built separately. 5. Minor encroachments are encroachments on public streets, alleys, and plazas. (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. The definition of individual small structures under this Class is similar to but not exactly the same as that found under Class 3, below. (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; Class 8 regarding urban open space acquisition, and Class 16 for special types of park acquisition, may also apply. Certain new structures and facilities, and expansions, are covered by subsequent Classes. (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. Designation of landmarks and historic districts, and other such preservation efforts. An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). 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. (a) Employee wages, 15301 Class 1(c). Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. Categorical exemption is anticipated for this option. Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. (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. Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. Motels and commercial structures are covered in Class 3(c) below. 2. 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. Categorical Exemptions SECTIONS 15300 TO 15332 15300. Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. 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. CEQA Guidelines, Article 19, Section 15332, Class 32. Article 19. 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 exemption shall also apply to leases and concessions of all departments, boards, and commissions. (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. Installation and alteration of signs are ministerial and therefore exempt from CEQA, except for signs on designated landmarks or in historic districts, signs on sites regulated by prior stipulations under the City Planning Code, and signs that are part of a larger project requiring environmental review. This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions. 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. 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. 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. 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). This item is applicable where there would be no changes in street capacity significantly affecting the level of service. Replacement of light standards and fixtures, not including a program for extensive replacement throughout a district or along an entire thoroughfare. State type and section number: 15303 New Constr. . Construction activities are not included in this exemption. Section 15304 - Minor Alterations to Land . CEQA applies to certain activities of state and local public agencies. 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 Class, as a whole, includes a wide range of activities concerning existing structures and facilities. CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . This exemption does not cover expansions in use or capacity of the facility to be replaced or reconstructed. 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. This item should not be used for code-mandated changes exempted under Class 1(d). (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. (B) The area in which the project is located is not environmentally sensitive. 2. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). Examples include but are not limited to: Sections 15300 to 15333 . Relation to Ministerial Projects. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. A project that would ordinarily be insignificant in its impact on the environment may, in a particularly sensitive or hazardous area, be significant. Class 30 consists of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less. Installation and removal of parking meters. Any project that either receives state funding or requires a state-level permit is affected by CEQA. CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL RESOURCES. (g) Controls for surface water run-on and run-off that meets seismic safety standards; (Guidelines . Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. (e) There will be no significant upstream or downstream passage of fish affected by the project. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: (1) Leasing of administrative offices in newly constructed office space. (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). To be exempt under this section, the proposed use of the facility: 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. This item is applicable to many instances of proposed school and hospital replacement and reconstruction in San Francisco. Street reconstruction within existing curb lines. Class 16 consists of the acquisition, sale, or other transfer of land in order to establish a park where the land is in a natural condition or contains historical or archaeological resources and either: Section 15304(h) "The creation of bicycle lanes on existing rights-of-way." . a preservation architect), a process/procedure (e.g. Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. Such list must show those specific activities at the local level that fall within each of the classes of exemptions set forth in Article 19 of the CEQA Guidelines, and must be consistent with both the letter and the intent expressed in such classes. A categorical exemption shall not be used for a project which may cause a 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. 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. The project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. 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. 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. (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 Accessory structures for existing nonresidential structures are covered by Class 11. Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. (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) The capacity of the generating facilities is five megawatts or less, If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. SB 35 requires . CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. 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. CLASS 28: SMALL HYDROELECTRIC PROJECTS AT EXISTING FACILITIES. to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 - Information Collection. (b) Small parking lots. Commonly Used Exemptions (reference: this website) Class 1 is the "existing facilities" exemption. 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. (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. (b) The management plan proposes to keep the area in a natural condition or preserve the historical or archaeological resources. Street openings for the purpose of work under this item are included in this item. (e) Acquisition, sale, or other transfer to preserve historical resources. (b) Any of the following conditions exist: (h) The creation of bicycle lanes on existing rights-of-way. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is.... Well as court decisions interpreting the statute and practical agency to conduct a preliminary review in order:... To serve any construction or use included ceqa categorical exemptions 15304 this item is applicable to activities state. 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