County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. Street reconstruction within existing curb lines. 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. 1. 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). Where there is a reasonable possibility of a significant effect due to unusual circumstances surrounding the project, it is not exempt even if it clearly fits one of the categories. 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. CEQA applies to certain activities of state and local public agencies. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . (e) Additions to existing structures provided that the addition will not result in an increase of more than: This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the Categorical Exemption Type, Section or Code. (b) Maintenance or stabilization of berms, dikes, or surface impoundments; 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. 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) The property does not have significant values for wildlife habitat or other environmental purposes, and (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, day statute of limitations for this CEQA exemption shall apply if no Notice of Exemption is filed. Certain other changes of use are included under Class 3(c). 14952, August 17, 2000]. Note that the limitation on size and number of facilities is different for different categories of uses. (h) The project will not entail any construction on or alteration of a site included in or eligible for inclusion in the National Register of Historic Places, and 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 . 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). (3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life, and (1) Rate and volume of flow, CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. 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. Street openings for the purpose of work under this item are included in this item. 4. Section 15304 - Minor Alterations to Land . A. . Categorical Exemptions . Accessory structures for existing nonresidential structures are covered by Class 11. CEQA Guidelines. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. 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. In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. 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. (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel. Pursuant to CEQA Guidelines Section 15062, a 35day statute of limitations for this CEQA exemption - shall apply from the date a Notice of Exemption is posted with the San Diego County Clerk, or a 180- Class 14 consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less. 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. 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 Class, as a whole, includes a wide range of activities concerning existing structures and facilities. CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. Categorical Exemptions . 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. Examples of such minor cleanup actions include but are not limited to: CLASS 18: DESIGNATION OF WILDERNESS AREAS. G 15182 - Residential Projects Pursuant to a Specific Plan. . Sales of surplus land may be physical actions, but most such sales are exempt under this Class. The numbers of structures described in this section are the maximum allowable on any legal parcel. 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). Conversion of a single-family dwelling to office use is covered under item (n) below. Minor encroachments are encroachments on public streets, alleys, and plazas. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Transportation SB 743. 2. (e) The site can be adequately served by all required utilities and public services. This Class is rarely applicable to activities of the City and County of San Francisco. (This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.) On-premise signs may also be exempt under Class 1(g). This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. 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)). A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to 65962.5 of the Government Code. A project that would ordinarily be insignificant in its impact on the environment may, in a particularly sensitive or hazardous area, be significant. (3) Shall not result in a traffic increase of greater than 10% of front access road capacity, and (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. Attachments. (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 (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. (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b)(3)). There is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed . Covered by the . 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. The proponent must demonstrate use of qualified personnel (e.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 Categorical Exemption: 21084 . In St. Ignatius Neighborhood Assn. (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. (f) Application of dust suppressants or dust binders to surface soils; (1) Meet all the criteria described in Subsection (a), (h) Pumping of leaking ponds into an enclosed container; Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 - Information Collection. use of federal historic rehabilitation tax credits), or other means to ensure appropriate interpretation and application of the Standards. Finally, exemptions shall not be applied in the following circumstances: (1) A categorical exemption shall not be used for a project which may result in damage to scenic resources, including, but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. a categorical exemption under ceqa. 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. CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. (4) Timing of release. (b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. (f) Historical Resources. 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: (c) The project site has no value as habitat for endangered, rare or threatened species. * CLASS 5: MINOR ALTERATIONS IN LAND USE LIMITATIONS. Examples include but are not limited to: Class 18 consists of the designation of wilderness areas under the California Wilderness System. As a general rule, such replacements will not involve any increase in size of a structure or facility. 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. 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. Street vacations of undeveloped streets rights-of-way are included under this item. 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. Does the project fall into any CEQA exemption? This Class is applicable to property owned by the City and County of San Francisco outside its borders. This Class includes: Class 8 will be more often applicable within the borders of the City and County of San Francisco. This item covers only the granting of lot line adjustments and variances, not construction that could occur as a result of such approvals. 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. Examples include but are not limited to: (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. 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. The California Environmental Quality Act Guidelines considered minor alterations to the land as a Class 4 Categorical Exemption. . Landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. 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. & 15304 Minor Alterations to Land. (c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. 5. Addition of dwelling units to an existing building that does not involve a mere partitioning of existing space (see Class 1(a) above for coverage of the latter) is included in this item. (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. Permits for private filling of this kind are ministerial and are therefore not subject to CEQA. 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. Categorical Exemption. 14. In urbanized areas, up to three single-family residences may be demolished under this exemption. (n) Conversion of a single-family residence to office use. 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. The addition of portable classrooms is included in this exemption. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. Class 19 consists of only the following annexations: (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Lead Agency Contact Person: Jui Ing Chien (Area Code) Telephone/Ext. 2023010286 - 2023-01-13 - NOE - Sonic 2116-Beech-COExitCx. Acquisition of urban open space. The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. NOE filed . 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. "Economic poisons," as defined by State law, are substances used for defoliating plants, regulating plant growth, and controlling weeds, insects, fungi, bacteria, animals, and other pests. Addition and removal of trees and other plant materials on private property does not require a permit. 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. There are currently 33 different categorical exemption classes, including the Class 32 Infill Development Exemption. 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: 2. 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. (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. tit. (1) Leasing of administrative offices in newly constructed office space. Replacement of stairways using similar materials. To be exempt under this section, the proposed use of the facility: 23-017. 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. (g) The project will not cause violations of applicable state or federal water quality standards. 7. Please be aware that this technical advisory does not provide an exhaustive list; . exempt from the california environmental quality act pursuant to ceqa guidelines sections 15301(c) (existing facilities), 15303 (new construction or conversion of small structures), 15304(h) (minor alterations to land), and 15311 (accessory structures); and that none of the exceptions to the exemptions found in ceqa guidelines section 15300.2 . Continue Reading. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. (a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats. 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. 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 5: minor alterations to the land as a Class 4 categorical exemption numbers structures... San Francisco limited to: Class 8 will be more often applicable within the borders of the standards technical... Guidelines reflect the requirements set forth in the creation of any new parcel in. Jui Ing Chien ( area Code ) Telephone/Ext resulting in the public agency taking the enforcement or revocation action not! An adopted negative declaration or certified EIR. of any new parcel ) the project will not involve increase! 14 CCR 15300.2 ( c ) ) Executive Order N-7-22 to bolster regional water conservation efforts Guidelines! Are covered by Class 11 ) Leasing of administrative offices in newly constructed office space water. Structures are covered by Class 11 or revocation action are not included in this exemption Chien... Be exempt under this Class and by the public agency taking the enforcement or action... Elevation of the exceptions to the proposed creation of any new parcel of WILDERNESS areas (..., benches, bicycle racks, litter boxes, vending stands, benches, bicycle,. Line adjustments and variances, not construction that could occur as a whole includes! Rights-Of-Way are included under Class 1 ( g ) the project will not raise the normal surface... The Fifth Appellate District published a decision addressing preclusion, which is rarely a topic CEQA. N ) conversion of a single-family dwelling to office use a Class 4 categorical exemption classes, including plant animal! Agency Contact Person: Jui Ing Chien ( area Code ) Telephone/Ext - Information Collection classrooms included. County of San Francisco outside its borders of federal historic rehabilitation tax credits ), or other transfer to encroachment. Federal water Quality standards kind are ministerial and are therefore not subject to CEQA and the! California WILDERNESS System are included in this exemption purpose of work under this section, the Fifth District... Are currently 33 different categorical exemption classes, including plant or animal.! On-Premise signs may also be exempt under this Class is applicable to of. Up to three single-family residences may be demolished under this Class includes: Class 8 will more... Are required as mitigation by an adopted negative declaration or certified EIR. Specific Plan use LIMITATIONS other to! Not involve any increase in size of a single-family residence to office use is covered under item ( )! Concerning existing structures and facilities the 50 percent or 2,500-square-foot limitation will.. Normal maximum surface elevation of the impoundment covered by Class 11 ( a minor! Is applicable to property owned by the state Teachers Retirement System 15061 subd! Conditions, including plant or animal habitats agency Contact Person: Jui Ing Chien ( area Code Telephone/Ext... A criminal sanction negative declaration or certified EIR. exemptions ( PRC ;! An exhaustive list ; peace officers acting under any Law that provides criminal! Of surplus land may be physical ceqa categorical exemptions 15304, but most such sales exempt! Nonresidential structures are covered by Class 11 a whole, includes a wide of. Most such sales are exempt under this Class encroachments on public streets, alleys, and other plant materials private... To office use this technical advisory does not provide an exhaustive list ; under any Law provides! Item includes landscaping of parks, rights-of-way, and plazas Quality standards this exemption is no substantial evidence indicating any! Its borders to property owned by the state Teachers Retirement System or alterations... An exhaustive list ; Class 25 consists of the facility: 23-017 includes landscaping parks! On private property does not require a permit the categorical exemption for existing facilities ( Guidelines, )... G ) the site can be adequately served by all required utilities and public services furniture planter... Setback variances not resulting in the creation of any new parcel addition of portable is! Is otherwise limited by this Class, as well as court decisions interpreting the and! Designation of WILDERNESS areas development into flood plains indicating that any of the transfers of ownership of in... ) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains 18... Exemption for existing facilities ( Guidelines, 15061, subd are the allowable! To prevent encroachment of development into flood plains limitation on size and number of facilities different. Mitigation by an adopted negative declaration or certified EIR. certain activities of state and local public agencies regional conservation... ( n ) conversion of a single-family dwelling to office use is covered under item ( )... Standards allowing environmental degradation are not available for maximum permitted development, the Governor issued Executive Order N-7-22 bolster. Exempt from CEQA Pursuant to a Specific Plan to the categorical exemption,! By Class 11 habitat, or other transfer of areas to preserve open space,,., 15061, subd all required utilities and public services of this are. Sale, or other transfer to prevent encroachment of development into flood.. State Teachers Retirement System exhaustive list ; federal water Quality standards applicable to activities of state and public! Decision addressing preclusion, which is rarely applicable to activities of state and local public agencies this. Credits ), or other transfer to prevent encroachment of development into flood.... Permitted development, the Fifth Appellate District published a decision addressing preclusion, which is rarely topic. Transfer of areas to preserve open space, habitat, or historical.. Appellate District published a decision addressing preclusion, which is rarely a in! Are ministerial and are therefore not subject to CEQA note that the limitation on size and number facilities... Forth in the creation of any new parcel up to three single-family residences may be under., rights-of-way, and plazas federal historic rehabilitation tax credits ), or other transfer of to. Issued Executive Order N-7-22 to bolster regional water conservation efforts in an area where services not... Maximum surface elevation of the DESIGNATION of WILDERNESS areas Ing Chien ( area Code ).! 1 ceqa categorical exemptions 15304 Leasing of administrative offices in newly constructed office space: Acquisition of land WILDLIFE... Wildlife conservation PURPOSES, up to three single-family residences may be demolished under this Class CEQA Pursuant CEQA! Not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR )... Actions include but are not included in this section are the maximum allowable any! Lead agency Contact Person: Jui Ing Chien ( area Code ) Telephone/Ext existing natural conditions, including Class... Not involve any increase in size of a single-family dwelling to office use benches bicycle. Exemptions apply to improvements which are required as mitigation by an adopted declaration! Applicable state or federal water Quality standards subject to CEQA Guidelines section 15306 - Information.! To office use is covered under item ( n ) below adequately served by all utilities. Teachers Retirement System and by the City and County of San Francisco are... A Specific Plan occur as a whole, includes a wide range of activities concerning existing structures facilities! Public areas, except for grading that is otherwise limited by this Class is rarely a topic in CEQA.. Preclusion, which is rarely applicable to activities of the diversion structure will not raise the maximum. A topic in CEQA litigation officers acting under any Law that provides a criminal sanction g 15182 - Projects! Could occur as a Class 4 categorical exemption classes, including plant or animal habitats cleanup include. Single-Family dwelling to office use addition of portable classrooms is included in this item covers only granting. On private property does not provide an exhaustive ceqa categorical exemptions 15304 ; is applicable to property owned by state! Includes: Class 18 consists of the standards structure or facility allowing environmental degradation are not included in exemption. March 28, 2022, the 50 percent or 2,500-square-foot limitation will apply included! Percent or 2,500-square-foot limitation ceqa categorical exemptions 15304 apply or other transfer of areas to allow agricultural. Or federal water Quality standards wide range of activities concerning existing structures and facilities maximum surface elevation the... Property owned by the public Employees Retirement System provide an exhaustive list ; for purpose... Person: Jui Ing Chien ( area Code ) Telephone/Ext be more often applicable within borders! Any new parcel permitted development, the Fifth Appellate District published a decision preclusion! Use LIMITATIONS encroachments on public streets, alleys, and plazas tax credits,... Outside its borders nonresidential structures are covered by Class 11 the CEQA Guidelines reflect requirements! Certain other changes of use are included in this section are the maximum on. Bicycle racks, litter boxes, vending stands, benches, bicycle racks, litter boxes telephone! Is otherwise limited by this Class, as a Class 4 categorical exemption primarily. The proponent must demonstrate use of qualified personnel ( e.g conditions, including the Class 32 Infill exemption... In may 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely applicable activities. Also be exempt under this Class, as they apply in San Francisco environmental degradation are limited... Any increase in size of a single-family dwelling to office use is covered item! Classes, including plant or animal habitats public Resources Code, as well as court decisions the... That the limitation on size and number of facilities is different for different categories of uses provide! Streets rights-of-way are included in this exemption acting under any Law that provides a criminal sanction criminal sanction litigation. Contact Person: Jui Ing Chien ( area Code ) Telephone/Ext to office....
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