The key consideration is whether the project involves negligible or no expansion of an existing use. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. This item also covers accessory structures for new nonresidential structures included in this Class. Changes of use are also included if the occupancy of the new use would not exceed the equivalent occupancy of the former use plus an addition to the former use, as exempted under Class 1(e). 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 9 consists of activities limited entirely to inspection, to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. 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. Installation of security fencing and gates. SB 35 requires . Street openings for the purpose of work under this item are included in this item. The South Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. (1) One single-family residence. v. City & County of San Francisco (Nov. 18, 2022, A164629) . (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. CEQA applies to certain activities of state and local public agencies. 12. 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. 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). (b)(3)). Temporary uses and structures may also be exempt under Class 4(e). Street closings and equipment for special events. Only land divisions into four or fewer parcels requiring no variances from the City Planning Code and no exceptions from the San Francisco Subdivision Ordinance are covered by this Class. Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. CLASS 24: REGULATIONS OF WORKING CONDITIONS. Class 21 consists of: Federal Assistance. Street vacations of undeveloped streets rights-of-way are included under this item. If grading is part of a larger project requiring environmental review, the grading will be considered as part of such project, regardless of slope. A. . 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. This Class applies only to land that is presently in its natural condition and/or contains historic or archaeological sites. Transportation SB 743. (1) Leasing of administrative offices in newly constructed office space. (a) The capacity of the generating facilities is five megawatts or less, CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. Where grading is done for construction of a building exempted by Class 3, and is covered by the construction permit, such grading is exempt under that Class even if on a slope of 10 percent or more. Fire Department permits: public fireworks display, tent. This item is applicable to many instances of proposed school and hospital replacement and reconstruction in San Francisco. In addition, as noted above and further described below, categorical exemptions cannot be used when any of the "Exceptions" 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. 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. a preservation architect), a process/procedure (e.g. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. (k) Division of existing multiple-family or single-family residences into common-interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt. 13. Minor temporary uses of land are exempt under Classes 4(e) and 11(c). 1. Categorical exemption is anticipated for this option. 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). Construction activities are not included in this exemption. Information on how transportation impacts are analyzed under CEQA. f. Historical Resources. {CEQA) under CEQA Guideline Section 15304 Minor Alterations to Land, because the project involves the removal of vegetation for the purpose of fuel management. CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . 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 urbanized areas, up to three single-family residences may be demolished under this exemption. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). In urbanized areas, this exemption applies to duplexes and similar structures where no more than six dwelling units will be demolished. Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. (i) Construction of interim or emergency ground water treatment systems; Categorically Exempt. In the downtown area, parking lots of up to approximately 50 parking spaces are considered small and are therefore exempt. This Class ordinarily will not apply in the City and County of San Francisco. This item applies only to property owned by the City and County of San Francisco outside its borders. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). (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. Fresno. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (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) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). 2. proposed project is also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(f) - Minor Alterations to Land. Notice of Exemption. Note that new installations, as opposed to replacements, are not covered by this item. (f) Historical Resources. 14 15302, see flags on bad law, and search Casetext's comprehensive legal database The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. In St. Ignatius Neighborhood Assn. Conversion of a single-family dwelling to office use is covered under item (n) below. Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: 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. (b) Small parking lots. Unlike statutory exemptions, categorical exemptions are not allowed to be used for projects that may cause a substantial adverse change in the significance of an historical resource (14 CCR Section 15300.2(f)). 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. Projects covered under this category that involve the transfer of ownership of interest in land may also be exempt under Class 25. 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 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 . 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. However, it normally cannot be accumulated together with the maximum work stated in those Classes in a single exempt project. (Creation of bicycle lanes is covered under Class 4(h) below.) 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. When considered together with other classes, it must be construed to include small structures and facilities for industrial, institutional, and public use. 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. 6. Motels and commercial structures are covered in Class 3(c) below. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. This item covers only the granting of lot line adjustments and variances, not construction that could occur as a result of such approvals. Certain other changes of use are included under Class 3(c). Replacement of utility and transit power lines and equipment in existing locations and capacities is included in this item. The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. Article 19. Categorical Exemption Type, Section or Code. (e) There will be no significant upstream or downstream passage of fish affected by the project. 15304: Minor alterations to land . Any project that either receives state funding or requires a state-level permit is affected by CEQA. Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. 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. day statute of limitations for this CEQA exemption shall apply if no Notice of Exemption is filed. 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 . Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. Operations of facilities in this Class are of an on-going nature. 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. (4) Timing of release. 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. 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 . CLASS 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. 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. 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