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. Attachments. 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. (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. 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. There are currently 33 different categorical exemption classes, including the Class 32 Infill Development Exemption. The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. Minor encroachments are encroachments on public streets, alleys, and plazas. a categorical exemption under ceqa. Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide, regional, or areawide concern identified in Section 15206(b)(4). (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. (3) Be contiguous to other commercial or institutional structures. Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. Federal Assistance. Public gatherings that are part of the normal operation of a facility are exempt under Class 23. There are no facts or circumstances specific to this project that would . (2) Temperature, (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. 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. Replacement of stairways using similar materials. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. 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. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . In urbanized areas, up to three single-family residences may be demolished under this exemption. Examples include but are not limited to: CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. (626) 588-5317 If Filed by Applicant: 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. The term "filling" does not include operation of a dump. 6. (3) A store, motel, office, restaurant, and similar small commercial structure if designed for an occupant load of 30 persons or less. 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. (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. (a) On-premise signs. An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION. 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. Continue Reading. 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. 1. 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. Categorical Exemption. 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). Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. (Then see Class 31.) Historical Resources. Lots not requiring such review, whether small or not, are ministerial projects and are therefore not subject to CEQA review. Minor temporary uses of land are exempt under Classes 4(e) and 11(c). 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. 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: Class 8 will be more often applicable within the borders of the City and County of San Francisco. 4. Notations of authority cited within the CEQA guidelines. Street openings for the purpose of work under this item are included in this Class. CLASS 24: REGULATIONS OF WORKING CONDITIONS. Devices used during construction under this item include temporary shoring, temporary sanitary facilities, barriers, and covered pedestrian walkways in street areas. 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. v. City & County of San Francisco (Nov. 18, 2022, A164629) . (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. Installation and replacement of guide rails and rockfall barriers. 14 15302, see flags on bad law, and search Casetext's comprehensive legal database Sales of surplus land may be physical actions, but most such sales are exempt under this Class. (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. In the list that follows, the classes set forth in CEQA Guidelines Sections 15301 - 15332 are shownin bold italics,with further elaboration or explanation for applying these exemptions in San Francisco shown in normal upper- and lower-case type. Lighting in parks and playgrounds and around buildings may be regarded as a safety or health protection device under this item, provided such lighting does not produce excessive glare. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. Construction activities are not included in this exemption. First, Classes 3, 4, 5, 6, 11, and 32 are qualified by consideration of where the project is to be located. Note that this Class concerns one single-family residence. Categorical exemptions are authorized by section 21084, subdivision (a), which states: (Guidelines . TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . 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. (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. Article 19. 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: (e) Additions to existing structures provided that the addition will not result in an increase of more than: (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. 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. (1) Meet all the criteria described in Subsection (a), The term "earth" normally means natural materials, but it may include other materials such as demolition debris at locations where they have the required compatibility. 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. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: Key resources for understanding and implementing CEQA. Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. No exceptions apply that would . Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. Replacement of utility and transit power lines and equipment in existing locations and capacities is included in this item. Categorical Exemption Type, Section or Code. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . 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. 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. Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: The following exceptions, however, are noted in the State Guidelines. Common Sense Exemption. 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 that are initially screened and rejected or disapproved by a public agency are excluded from any CEQA review requirements. Installation and removal of parking meters. This item, in combination with Classes 1(d) and (f) below and Class 2, includes the following (the number of the applicable category should be indicated when making an exemption under this item): Acquisition of urban open space. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. 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. 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. 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. (c) Merger with a city of a district lying entirely within the boundaries of the city. 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. 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. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). 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. 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 . A. . Replacement of existing drainage facilities. Uses under this item include: Street closings and equipment for special events. When considered together with other classes, it must be construed to include small structures and facilities for industrial, institutional, and public use. This item is applicable to schools at which attendance satisfies the requirements of the compulsory education laws of the State of California. All actions must be consistent with applicable state and local environmental permitting requirements including, but not limited to, air quality rules such as those governing volatile organic compounds and water quality standards, and approved by the regulatory body with jurisdiction over the site. 7. When considered together with Classes 1(d), 3, and 11, it must be deemed to include replacement and reconstruction of industrial, institutional, and public structures and facilities within the limitations stated, including construction undertaken to meet seismic safety standards. (f) Minor trenching and backfilling where the surface is restored. (1) One single-family residence. 2023010286 - 2023-01-13 - NOE - Sonic 2116-Beech-COExitCx. Development of parks and open space on undeveloped streets within Port of San Francisco jurisdiction would be included in this item. A categorical exemption from CEQA rests on a finding by the Resources Agency that a class or category of projects does not have a significant adverse environmental effect; a lead agency's finding that a proposed project falls within one of the exempt classes thus includes an implied finding that the project has no significant environmental . Street vacations of undeveloped streets rights-of-way are included under this item. 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. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. This Class is applicable to property owned by the City and County of San Francisco outside its borders. (a) The capacity of the generating facilities is five megawatts or less, (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or 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. Categorical Exemptions . However, it normally cannot be accumulated together with the maximum work stated in those Classes in a single exempt project. 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. (h) Pumping of leaking ponds into an enclosed container; 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. tit. (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. 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. CEQA Guidelines, Article 19, Section 15332, Class 32. 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. Replacement, as opposed to maintenance, is covered under Class 2(c) below. G Section: 15301, 15303, 15304. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. Such activities are primarily non-physical in the City and County of San Francisco, although they may lead to physical activities such as rehabilitation, which may be covered under Classes 1 or 2. Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: Replacement of light standards and fixtures, not including a program for extensive replacement throughout a district or along an entire thoroughfare. G 15183 - Projects . 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 . 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). Class 25 includes open space acquisition in some special circumstances. This Class, as a whole, includes a wide range of activities concerning existing structures and facilities. 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. 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. (c) The project site has no value as habitat for endangered, rare or threatened species. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. 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. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. This Class is applicable to property owned by the City and County of San Francisco outside its borders. (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. (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. There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. (1) Leasing of administrative offices in newly constructed office space. (2) Leasing of client service offices in newly constructed retail space. Projects that are not excluded, and are also not categorically exempt according to the following list, are covered by CEQA and require preparation of an initial study or an environmental impact report. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. A categorical exemption shall not be used for a project which may cause a The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . The project 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 . In the downtown area, parking lots of up to approximately 50 parking spaces are considered small and are therefore exempt. proposed project is also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(f) - Minor Alterations to Land. (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. 15300.1. 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. (1) Shall be in conformance with existing state plans and policies and with general, community, and specific plans for which an EIR or negative declaration has been prepared, In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. A categorical exemption cannot be used for a project that may cause a substantial adverse change in the significance of a historical resource. Class 10 includes but is not limited to the following examples: Landscaping includes walls, fences, walkways, irrigation systems and similar features as well as plant materials. 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. The addition of portable classrooms is included in this exemption. 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. Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. This item is applicable where there would be no changes in street capacity significantly affecting the level of service. Does the project fall into any CEQA exemption? 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. (Pub. (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. This item includes tanks, bins, and other accessory structures within the property lines of existing sewage treatment plants, where such structures will be used to improve the quality of processing without increasing capacity. This document is not available on Westlaw. Amending the San Francisco General Plan to include a parcel in the Recreation and Open Space Plan is not categorically exempt. (g) The project will not cause violations of applicable state or federal water quality standards. Categorical Exemptions. CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. (4) Shall include the provision of adequate employee and visitor parking facilities. 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. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. 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. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. December 30, 2022. Note that the limitation on size and numbers of facilities is different for different categories of uses. This item covers accessory structures for both existing and new residential structures. (e) There will be no significant upstream or downstream passage of fish affected by the project. CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. (State CEQA Guidelines 15300.2) 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 .
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