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 . Categorical Exemption Type, Section or 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. 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. (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. Article 19. SB 35 requires . 15300.1. (h) The creation of bicycle lanes on existing rights-of-way. 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. 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. This exemption does not cover expansions in use or capacity of the facility to be replaced or reconstructed. If it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 17. Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. This Class applies only to land that is presently in its natural condition and/or contains historic or archaeological sites. Grading in connection with demolition is categorically exempt only as stated under Class 4. Note that this Class concerns one single-family residence. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: (g) Controls for surface water run-on and run-off that meets seismic safety standards; (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. (b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. (b) Changes in the grade structure in a school which do not result in changes in student transportation. (c) A store, motel, office, restaurant and/or similar small commercial structures not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. There is no substantial evidence that there are any "unusual circumstances" associated with . 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: . (1) Meet all the criteria described in Subsection (a), Replacement of street lighting may be exempted under Class 1(c)(8) above. School additions are further covered by Class 14. To be exempt under this section, the proposed use of the facility: 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) On-premise signs. Historical Resources. This Class ordinarily will not apply in the City and County of San Francisco. 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. This item covers accessory structures for both existing and new residential structures. No exceptions apply that would . 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. (e) Excavation and/or off site disposal of contaminated soils or sludges in regulated units; 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. CEQA applies to certain activities of state and local public agencies. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. Street reconstruction within existing curb lines. CEQA Exemptions. CLASS 18: DESIGNATION OF WILDERNESS AREAS. Replacement of stairways using similar materials. Under certain exceptional circumstances involving hazards to health and safety, removal of healthy trees may be considered an emergency project. (a) The capacity of the generating facilities is five megawatts or less, 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. 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 The following exceptions, however, are noted in the State Guidelines. This item should not be used for code-mandated changes exempted under Class 1(d). This item is applicable to many instances of proposed school and hospital replacement and reconstruction in San Francisco. is diane wells still married to rick bragg . (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. (a) Establishment of a subsidiary district. Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. 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 . (4) Timing of release. The definition of individual small structures under this Class is similar to but not exactly the same as that found under Class 3, below. It includes one of any kind of dwelling unit. (Pub. 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. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. 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. Categorical exemption is anticipated for this option. NO: Preliminary CEQA analysis is required Read Section 15302 - Replacement or Reconstruction, Cal. (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. Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. 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. 3. Conversion of a single-family dwelling to office use is covered under item (n) below. Class 8 regarding urban open space acquisition, and Class 16 for special types of park acquisition, may also apply. (a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats. (b) Maintenance or stabilization of berms, dikes, or surface impoundments; Class 31 consists of projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer. 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. * CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. 15300.2. 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 G 15182 - Residential Projects Pursuant to a Specific Plan. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. 8. use of federal historic rehabilitation tax credits), or other means to ensure appropriate interpretation and application of the Standards. The Director of CDFW has concurred with the lead agency determination by the California Natural Resources Agency that the Bombay Beach Wetland Enhancement Project (PDF) (opens in new tab) qualifies as a statutorily exempt restoration project under the California Environmental Quality Act (CEQA). December 30, 2022. (h) Pumping of leaking ponds into an enclosed container; 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. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Attachments. Replacement, as opposed to maintenance, is covered under Class 2(c) below. 14. A categorical exemption cannot be used for a project that may cause a substantial adverse change in the significance of a historical resource. The proponent must understand that work undertaken may be halted, and the exemption revoked, if the work is not being performed consistent with the Standards as originally defined. It's free to sign up and bid on jobs. 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)). (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. State type and section number: 15303 New Constr. The Secretary for Resources has found that the classes of projects listed in Article 19 . 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. 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. (f) Minor trenching and backfilling where the surface is restored. Article 19. This item is applicable to schools at which attendance satisfies the requirements of the compulsory education laws of the State of California. (f) Historical Resources. 3. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. (b)(3)). Message - California Code of Regulations. 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. Class 18 consists of the designation of wilderness areas under the California Wilderness System. 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: 2. a categorical exemption under ceqa. Notations of authority cited within the CEQA guidelines. LAKE COUNTY, Calif. The Lake County Sheriff's Office has identified the driver killed when the tanker truck he was driving overturned and went off Highway 20 early Saturday morning. (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 . Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. 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 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. (b) The management plan proposes to keep the area in a natural condition or preserve the historical or archaeological resources. (2) A categorical exemption shall not be used for a project located on a site which is included on any list of hazardous waste sites compiled pursuant to Section 65962.5 of the Government Code. 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) 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 The California Environmental Quality Act Guidelines considered minor alterations to the land as a Class 4 Categorical Exemption. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . Please be aware that this technical advisory does not provide an exhaustive list; . (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. 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. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. or threatened plant or animal species or significant erosion and sedimentation of surface waters.This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection . Operations of facilities in this Class are of an on-going nature. 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. 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 . 15304.) G 15183 - Projects . There are currently 33 different categorical exemption classes, including the Class 32 Infill Development Exemption. Note that the limitation on size and number of facilities is different for different categories of uses. This item also includes development activities involved in the creation of new parks when the creation of a new park is not outside standards for exemption set forth in this or other classes. 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. Examples include but are not limited to: (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines; or In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. A categorical exemption shall not be used for a project which may cause a e. Hazardous Waste Sites. This Class is applicable to property owned by the City and County of San Francisco outside its borders. PRC Section 21084 requires the CEQA Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall be exempt from the provisions of CEQA. Projects covered under this category that involve the transfer of ownership of interest in land may also be exempt under Class 25. Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. In urbanized areas, this exemption applies to duplexes and similar structures where no more than six dwelling units will be demolished. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. 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. Categorical Exemptions: Article 19. Section 15304 - Minor Alterations to Land . This exemption shall also apply to leases and concessions of all departments, boards, and commissions. Categorical Exemptions SECTIONS 15300 TO 15332 15300. . Installation of security fencing and gates. 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. 9. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. (b) Examples of Class 27 include, but are not limited to: (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, 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. 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). For the purposes of this section, "past history" shall mean that the same or similar kind of activity has been occurring for at least three years and that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility. (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. (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. 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): There are two sets of exemptions under CEQA - Categorical and Statutory. * CLASS 5: MINOR ALTERATIONS IN LAND USE LIMITATIONS. However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: Resurfacing and patching of streets. 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. 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). There is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed . Federal Assistance. (2) 10,000 square feet if: "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. (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). A project that would ordinarily be insignificant in its impact on the environment may, in a particularly sensitive or hazardous area, be significant. Examples include but are not limited to: 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. Categorically Exempt. CEQA will apply when a management plan is proposed that will change the area from its natural condition or cause substantial adverse change in the significance of the historic or archaeological resource. This item also covers accessory structures for new nonresidential structures included in this Class. (b) Any of the following conditions exist: (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. 1. (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 Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: Unsubscribe at any time. In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. Code Regs. 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. 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. 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. 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. Permits for private filling of this kind are ministerial and are therefore not subject to CEQA. 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. 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. CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). 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. 10. (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. CLASS 22: EDUCATIONAL OR TRAINING PROGRAMS INVOLVING NO PHYSICAL CHANGES. (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. Common Sense Exemption. Notice of Exemption. CLASS 26: ACQUISITION OF HOUSING FOR HOUSING ASSISTANCE PROGRAMS. (c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. These classes have been marked with an asterisk (*) as a reminder. Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. Relation to Ministerial Projects. Leases of government property are not included in this Class. Certain other changes of use are included under Class 3(c). (a) Employee wages, Key resources for understanding and implementing CEQA. Consideration should be given to categorical exemptions (continue to step II B). Information on how transportation impacts are analyzed under CEQA. (f) Application of dust suppressants or dust binders to surface soils; 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. In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. 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 . In urbanized areas, up to three single-family residences may be demolished under this exemption. 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. Read Section 15304 - Minor . CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . The utility extensions may serve a number of new structures built separately. 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. (c) Acquisition, sale, or other transfer to allow restoration of natural conditions, including plant or animal habitats. CEQA Categorical Exemption Summary . (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 - Information Collection. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. (1) Leasing of administrative offices in newly constructed office space. 12. The numbers of structures described in this section are the maximum allowable on any legal parcel.
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