(d) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements; This exemption does not cover expansions in use or capacity of the facility to be replaced or reconstructed. CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. 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. 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. 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. Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. (a) The property does not have significant values for wildlife habitat or other environmental purposes, and The review process pursuant to CEQA. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. (3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life, and (Then see Class 31.) (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. {CEQA) under CEQA Guideline Section 15304 Minor Alterations to Land, because the project involves the removal of vegetation for the purpose of fuel management. Notice of Exemption. (a) On-premise signs. Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. (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. (g) New copy on existing on- and off-premise signs. Lead Agency Contact Person: Jui Ing Chien (Area Code) Telephone/Ext. (Guidelines . a preservation architect), a process/procedure (e.g. In addition to such work on public structures and facilities, this item includes nearly all private work resulting from code enforcement and inspections and areawide rehabilitation programs, including loan programs to bring an area up to code. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . Operations of facilities in this Class are of an on-going nature. Street reconstruction within existing curb lines. 2. 15300. 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. Class 18 consists of the designation of wilderness areas under the California Wilderness System. 15301 Class 1(c). CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. In such cases any special permit for grading will not be reviewed separately. (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. Addition and removal of trees and other plant materials on private property does not require a permit. The City Cannot Rely on a Categorical Exemption when mitigation measures are required. 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 . 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. (4) Timing of release. 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 . Accessory structures covered by this item may be either separate or attached to the main structure, although attached structures are also covered by Class 1(e) in many cases. Some projects not included in this list of categories of projects determined to be exempt from CEQA nevertheless clearly could not possibly have a significant effect on the environment and may be excluded from the application of CEQA under Section 15061 of the CEQA Guidelines. Categorical Section 15304 Class 4 (b) County CEQA Guidelines Categorical Exemption Class 1 (j) County CEQA Guidelines Categorical Exemption Class 3 (a) County CEQA Guidelines Categorical Exemption Class 4 (c) Reasons why project is exempt: The project is consistent with State Guidelines for the implementation of CEQA. Such encroachments may include the following: Common Sense Exemption. (2) Result in no noticeable increase in noise to nearby residential structures, CLASS 28: SMALL HYDROELECTRIC PROJECTS AT EXISTING FACILITIES. A project that would ordinarily be insignificant in its impact on the environment may, in a particularly sensitive or hazardous area, be significant. (f) Minor trenching and backfilling where the surface is restored. CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL RESOURCES. (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel. (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. Notations of authority cited within the CEQA guidelines. 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. (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 CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . 10. (State CEQA Guidelines 15300.2) (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. 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. In urbanized areas, this exemption applies to duplexes and similar structures where no more than six dwelling units will be demolished. The following exceptions, however, are noted in the State Guidelines. 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. (626) 588-5317 If Filed by Applicant: 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: This Class applies only to land that is presently in its natural condition and/or contains historic or archaeological sites. Minor temporary uses of land are exempt under Classes 4(e) and 11(c). Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . Accessory structures for existing nonresidential structures are covered by Class 11. (2) A duplex or similar multifamily residential structure. (This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.) 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)). Categorical Exemptions SECTIONS 15300 TO 15332 15300. G 15182 - Residential Projects Pursuant to a Specific Plan. Covered by the . (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. 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. CEQA Categorical Exemption Summary . 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 . This class also includes maintenance and repair of pier aprons, piers, boat ramps, and other pile-supported structures in areas that are not environmentally sensitive. 2. (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 Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. CEQA Guidelines. Please be aware that this technical advisory does not provide an exhaustive list; . All work on sidewalks, curbs and gutters without changes in curb lines, including lowering of curbs for driveways, and additions of sidewalk bulbs when not in conjunction with a program for extensive replacement or installation. 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. However, it normally cannot be accumulated together with the maximum work stated in those Classes in a single exempt project. District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). 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. In St. Ignatius Neighborhood Assn. (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 . 12. 11. (a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats. 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 of such minor cleanup actions include but are not limited to: Does the project fall into any CEQA exemption? A. . G 15183 - Projects . 3. In addition, as noted above and further described below, categorical exemptions cannot be used when any of the "Exceptions" Section 15304(h) "The creation of bicycle lanes on existing rights-of-way." . In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. Categorical exemptions are authorized by section 21084, subdivision (a), which states: December 30, 2022. In many cases more than one item in the Class will apply to the same project. a categorical exemption under ceqa. (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. Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. 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. Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, However, sewers are an exception to this rule where the size increase is solely for the purpose of carrying storm water runoff in order to prevent flooding in the immediate area. Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. 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. A categorical exemption shall not be used for a project which may cause a (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. 14952, August 17, 2000]. These utilities are exempt if they are to serve any construction or use included in this Class. (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. 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. (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: (f) Application of dust suppressants or dust binders to surface soils; Provide your email address to sign up for news or other topics of interest. 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. (i) Construction of interim or emergency ground water treatment systems; Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. 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 . NOE filed . (PRC 21084; 14 CCR 15300 et seq.) (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. 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. CLASS 25: TRANSFERS OF OWNERSHIP OF INTEREST IN LAND TO PRESERVE EXISTING NATURAL CONDITIONS. (e) There will be no significant upstream or downstream passage of fish affected by the project. (2) Temperature, Certain new structures and facilities, and expansions, are covered by subsequent Classes. 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. TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . 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). 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. This document is not available on Westlaw. (h) Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code). Class 10 includes but is not limited to the following examples: 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). Street openings for the purpose of work under this item are included in this Class. 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. The proponent must demonstrate use of qualified personnel (e.g. Categorical Exemption Type, Section or 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. Examples include but are not limited to: The amendment and (g) The project will not cause violations of applicable state or federal water quality standards. (2) 10,000 square feet if: This item covers accessory structures for both existing and new residential structures. Amending the San Francisco General Plan to include a parcel in the Recreation and Open Space Plan is not categorically exempt. Devices used during construction under this item include temporary shoring, temporary sanitary facilities, barriers, and covered pedestrian walkways in street areas. Holiday decorations. 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). . Resurfacing and patching of streets. . 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. Movement of trees in planter boxes is not deemed to be tree removal or installation. Categorical Exemption. (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. Conversion of a single-family dwelling to office use is covered under item (n) below. 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. (b) Small parking lots. 6. Historical Resources. 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 (b)(3)). Replacement of existing drainage facilities. 9. This item should not be used for code-mandated changes exempted under Class 1(d). Key resources for understanding and implementing CEQA. 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. tit. Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. Development of parks and open space on undeveloped streets within Port of San Francisco jurisdiction would be included in this item. (Pub. Street openings for the purpose of work under this item are included in this item. Replacement, as opposed to maintenance, is covered under Class 2(c) below. 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. (1) Leasing of administrative offices in newly constructed office space. 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. (o) Installation, in an existing facility occupied by a medical waste generator, of a steam sterilization unit for the treatment of medical waste generated by that facility provided that the unit is installed and operated in accordance with the Medical Waste Management Act (Section 117600, et seq., of the Health and Safety Code) and accepts no off-site waste. Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. 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. 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. The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. Sales of surplus land may be physical actions, but most such sales are exempt under this Class. day statute of limitations for this CEQA exemption shall apply if no Notice of Exemption is filed. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. There are no facts or circumstances specific to this project that would . (b) Issuance of minor encroachment permits. (1) Meet all the criteria described in Subsection (a), 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- The term "operation" includes all running and management of existing structures, facilities and programs, including continuing legal non-conforming uses beyond the original termination date whether such running and management has physical effects or not, and whether or not the activities are continuous. 1. Removal of dead, seriously damaged, and incurably diseased trees is exempt under this Class. 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. This Class includes: Search for jobs related to Ceqa categorical exemptions 15303 or hire on the world's largest freelancing marketplace with 20m+ jobs. proposed project is also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(f) - Minor Alterations to Land. Permits for private filling of this kind are ministerial and are therefore not subject to CEQA. (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.