Use of street and sidewalk space during construction. This item covers only the granting of lot line adjustments and variances, not construction that could occur as a result of such approvals. 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 cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION. (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 types of utilities covered under this item are indicated under Class 1(b). (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, Article 19. 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. Notice of Exemption. 3. 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. (a) Development of or changes in curriculum or training methods. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . Fresno. 13. Relation to Ministerial Projects. 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. (f) Historical Resources. The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. 15304.) 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. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 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. (j) Fish stocking by the California Department of Fish and Game. 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. (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 . (c) New power lines to connect the generating facilities to existing power lines will not exceed one mile in length if located on a new right of way and will not be located adjacent to a wild or scenic river. The term "filling" does not include operation of a dump. The numbers of structures described in this section are the maximum allowable on any legal parcel. 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. Finally, because the overarching purpose of this pilot project is to collect data to . CLASS 18: DESIGNATION OF WILDERNESS AREAS. Consideration should be given to categorical exemptions (continue to step II B). (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. This item should not be used for code-mandated changes exempted under Class 1(d). Conversion of a single-family dwelling to office use is covered under item (n) below. Class 18 consists of the designation of wilderness areas under the California Wilderness System. (2) Leasing of client service offices in newly constructed retail space. Minor encroachments are encroachments on public streets, alleys, and plazas. 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. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). Uses under this item include: (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. It includes one of any kind of dwelling unit. Categorical Exemption Type, Section or Code. Cleaning and other maintenance of all facilities. 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. 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. 15300.2. CLASS 25: TRANSFERS OF OWNERSHIP OF INTEREST IN LAND TO PRESERVE EXISTING NATURAL CONDITIONS. CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. 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. Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. f. Historical Resources. The City concluded the project was categorically exempt pursuant to the In-fill exemption (CEQA Guidelines 15332) and the "New Construction or Conversion of Small Structures" exemption . Addition and removal of trees and other plant materials on private property does not require a permit. (b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Categorical exemptions are authorized by section 21084, subdivision (a), which states: Categorically Exempt. 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. Movement of trees in planter boxes is not deemed to be tree removal or installation. Note that the limitation on size and numbers of facilities is different for different categories of uses. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. 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. Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. 14. 15300.3 - Revisions to List of Categorical Exemptions 15300.4 - Application by Public Agencies 15301 - Existing Facilities 15302 - Replacement or Reconstruction 15303 - New Construction or Conversion of Small Structures 15304 - Minor Alterations to Land 15305 - Minor Alterations in Land Use Limitations Class 10 includes but is not limited to the following examples: In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. In urbanized areas, this exemption applies to duplexes and similar structures where no more than six dwelling units will be demolished. Read Section 15302 - Replacement or Reconstruction, Cal. CLASS 28: SMALL HYDROELECTRIC PROJECTS AT EXISTING FACILITIES. Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: 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. (a) Annexations to a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities. 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. (a) One single-family residence, or a second dwelling unit in a residential zone. A Class 4 exempt project consists of minor public or private alterations in the condition of land, water, and/or vegetation that do not involve removal of healthy, mature, scenic . Fire Department permits: public fireworks display, tent. Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. Common Sense Exemption. v. City & County of San Francisco (Nov. 18, 2022, A164629) . The following exceptions, however, are noted in the State Guidelines. Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? 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 . Devices used during construction under this item include temporary shoring, temporary sanitary facilities, barriers, and covered pedestrian walkways in street areas. In St. Ignatius Neighborhood Assn. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. Accessory structures for existing nonresidential structures are covered by Class 11. However, it normally cannot be accumulated together with the maximum work stated in those Classes in a single exempt project. The utilities systems covered include, in addition to those named above, telephone, radio, television, alarms and signals, other communications, water, and electricity for transit vehicles and street lights. The California Environmental Quality Act (CEQA) map below displays Exemptions (Categorical, Statutory and Community Plan Exemptions), Mitigated Negative Declarations and Environmental Impact Reports related to applications filed with the San Francisco Planning Department.Amendments to Chapter 31 of the San Francisco Administrative Code that became effective as of September 25, 2013 require the . 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. (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. The review process pursuant to CEQA. It must be observed that categorical exemptions are to be applied only where projects have not already been excluded from CEQA on some other basis. Any project that either receives state funding or requires a state-level permit is affected by CEQA. Changes of use are included because to provide otherwise would place greater restriction upon existing buildings than upon new buildings (see also Class 1(a) regarding changes of use). (4) Timing of release. Department of City Planning Permits: carnival, booth, sale of Christmas trees, or other ornamental holiday plants; placement of temporary buildings during construction; rental or sales office, all as specified in Sections 205.1 and 205.2 of the City Planning Code. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. is diane wells still married to rick bragg . The proponent must demonstrate use of qualified personnel (e.g. Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: Categorical Exemption Type, Section or Code. 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. 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. Major Development Agreements and Projects, Historic Preservation Commission Hearings. CEQA applies to certain activities of state and local public agencies. 5. Water supply reservoirs under this item supplement the water systems under Class 1(b) above. 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. Section 15304, Minor Alterations to Land Reasons for 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 . Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. (f) Minor trenching and backfilling where the surface is restored. This Class includes activities such as an energy-conservation program funded by a regulatory agency. Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. (B) The area in which the project is located is not environmentally sensitive. Categorical exemption is anticipated for this option. 3. 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 Examples include but are not limited to: (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 Categorical Exclusions. Unsubscribe at any time. Certain other changes of use are included under Class 3(c). (b) Hours of work, or School additions are further covered by Class 14. Under certain exceptional circumstances involving hazards to health and safety, removal of healthy trees may be considered an emergency project. Section 15304 - Minor Alterations to Land . If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. 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. proposed project is also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(f) - Minor Alterations to Land. Federal Assistance. 9. 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: CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. This item will seldom apply in the City and County of San Francisco. Port of San Francisco special events, public gatherings, athletic events, filming, commemorations, market places, fairs and construction of temporary tents and buildings to accommodate such uses. (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). , are noted in the City and County of San Francisco outside its borders with the maximum allowable any! V. City & amp ; County of San Francisco temporary sanitary facilities, barriers and! Of structures described in this section are the maximum work stated in those Classes in a residential zone categories uses! The water systems under Class 1 ( d ) constructed retail space than six dwelling will. Changes in curriculum or training methods will seldom apply in the City and of. May also apply for Minor LAND divisions into four or fewer parcels when no variance required. 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