Minor temporary uses of land are exempt under Classes 4(e) and 11(c). NOE filed . 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. tit. Lots not requiring such review, whether small or not, are ministerial projects and are therefore not subject to CEQA review. Class 18 consists of the designation of wilderness areas under the California Wilderness System. (c) Reversion to acreage in accordance with the Subdivision Map Act. 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. 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. (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 A categorical exemption shall not be used for a project which may cause a In urbanized areas, up to three single-family residences may be demolished under this exemption. 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. The term "dwelling unit" or "residential structure" shall also include live/work or loft-style housing units. Class 8 will be more often applicable within the borders of the City and County of San Francisco. Setback variances include both front and rear yard variances and modification or abolition of legislated setback lines. (b) Changes in the grade structure in a school which do not result in changes in student transportation. (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. Transfer of portions of undeveloped streets to the Recreation and Park Department for development as a park is exempt under this Class. 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. Categorical Exemption. It's free to sign up and bid on jobs. The project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. On-premise signs may also be exempt under Class 1(g). (g) Controls for surface water run-on and run-off that meets seismic safety standards; (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. These classes have been marked with an asterisk (*) as a reminder. Minor extension of roadways within the Port of San Francisco container terminals. The process for reviewing these projects complies with the California Environmental Quality Act (CEQA) and with the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). Section 15304 - Minor Alterations to Land . 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. Therefore, these classes will not apply where the project may impact an area of special significance that has been designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. (a) One single-family residence, or a second dwelling unit in a residential zone. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. Such list must show those specific activities at the local level that fall within each of the classes of exemptions set forth in Article 19 of the CEQA Guidelines, and must be consistent with both the letter and the intent expressed in such classes. (f) Application of dust suppressants or dust binders to surface soils; 2. a preservation architect), a process/procedure (e.g. (h) The creation of bicycle lanes on existing rights-of-way. 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. (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. Transportation SB 743. 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. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Uses under this item include: This item includes temporary structures associated with public events of up to a two-week duration, such as music festivals, and includes sporting events, such as the ESPN Extreme Games (X-Games), on public and/or private property. Projects that are initially screened and rejected or disapproved by a public agency are excluded from any CEQA review requirements. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. Categorical Exemption. Additionally, small projects which are part of a larger project requiring environmental review generally must be reviewed as part of such larger project, and are not exempt. Although occupant loads are not specified for all small commercial uses by local ordinances and regulations, the capacity of 30 persons or less shall be calculated on the basis of the type of use and the floor space available for customers and employees, using the standards of the San Francisco Building Code where applicable. (a) Removal of sealed, non-leaking drums or barrels of hazardous waste or substances that have been stabilized, containerized and are designated for a lawfully permitted destination; (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. Please be aware that this technical advisory does not provide an exhaustive list; . 15300.2. Water supply reservoirs under this item supplement the water systems under Class 1(b) above. 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. 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. A categorical exclusion (CE) is a class of actions that a Federal agency has determined, after review by CEQ, do not individually or cumulatively have a significant effect on the human environment and for which, therefore, neither an environmental assessment nor an environmental impact statement is normally required. Replacement, as opposed to maintenance, is covered under Class 2(c) below. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 23-017. A. . Notations of authority cited within the CEQA 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. (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. Categorical Exemptions . Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. (2) A duplex or similar multifamily residential structure. In many cases more than one item in the Class will apply to the same project. There are two sets of exemptions under CEQA - Categorical and Statutory. Fresno. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. (1) Rate and volume of flow, CEQA Guidelines. (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. Examples include but are not limited to: The following exceptions, however, are noted in the State Guidelines. (i) Construction of interim or emergency ground water treatment systems; (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 . 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. (4) Timing of release. (p) Use of a single-family residence as a small family day care home, as defined in Section 1596.78 of the Health and Safety Code. 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. 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 10 includes but is not limited to the following examples: However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. Categorical Exemptions . CLASS 24: REGULATIONS OF WORKING CONDITIONS. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). This Class includes: A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. 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. 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. It includes one of any kind of dwelling unit. (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. Blasting used in excavation and grading is not exempt. This item is not applicable to activities of the City and County of San Francisco. Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. (3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life, and (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. CEQA Categorical Exemption Summary . . (b)(3)). 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. Projects covered under this category that involve the transfer of ownership of interest in land may also be exempt under Class 25. 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. Fire Department permits: public fireworks display, tent. . 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 certain cases, the review must also meet federal requirements pursuant to the National Environmental Policy Act (NEPA) 42 U.S. Code Sections 4321-4347. This item is applicable where there would be no changes in street capacity significantly affecting the level of service. 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) Be contiguous to other commercial or institutional structures. (2) 10,000 square feet if: 7. Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. Use of street and sidewalk space during construction. Search for jobs related to Ceqa categorical exemptions 15303 or hire on the world's largest freelancing marketplace with 20m+ jobs. 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. (b) Maintenance or stabilization of berms, dikes, or surface impoundments; Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. 9. Note that the limitation on size and number of facilities is different for different categories of uses. This item should not be used for code-mandated changes exempted under Class 1(d). (n) Conversion of a single-family residence to office use. Every proposed project requires some level of environmental review pursuant to CEQA, unless an exemption applies. In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. A statutory exemption, not to be confused with a categorical exemption (more on that below), is any provision in state law that takes a project either totally out of the CEQA process or exempts it from certain requirements of that process. 10. (e) Excavation and/or off site disposal of contaminated soils or sludges in regulated units; 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. 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. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. Sections 15300 to 15333 . 3. This Class is applicable to property owned by the City and County of San Francisco outside its borders. 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. If grading is part of a larger project requiring environmental review, the grading will be considered as part of such project, regardless of slope. Class 19 consists of only the following annexations: Examples include but are not limited to: 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. (c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. However, it normally cannot be accumulated together with the maximum work stated in those Classes in a single exempt project. (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. This exemption shall also apply to leases and concessions of all departments, boards, and commissions. (a) Establishment of a subsidiary district. (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. Removal of dead, seriously damaged, and incurably diseased trees is exempt under this Class. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. (Pub. This item also covers accessory structures for new nonresidential structures included in this Class. (1) Leasing of administrative offices in newly constructed office space. (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. (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel. (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. CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. 15. Grading in connection with demolition is categorically exempt only as stated under Class 4. 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 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. (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . (e) Additions to existing structures provided that the addition will not result in an increase of more than: Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where:
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