2. The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. Categorical Exemptions . 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. Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. 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. In urbanized areas, this exemption applies to duplexes and similar structures where no more than six dwelling units will be demolished. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. These classes have been marked with an asterisk (*) as a reminder. (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 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. In St. Ignatius Neighborhood Assn. In such cases any special permit for grading will not be reviewed separately. Notations of authority cited within the CEQA guidelines. Devices used during construction under this item include temporary shoring, temporary sanitary facilities, barriers, and covered pedestrian walkways in street areas. 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. f. Historical Resources. There are no facts or circumstances specific to this project that would . The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. The key consideration is whether the project involves negligible or no expansion of an existing use. (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). Consideration should be given to categorical exemptions (continue to step II B). Leases of government property are not included in this Class. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to 65962.5 of the Government Code. Work under this Class may be related to the construction and reconstruction included in Classes 2, 3, 11, and 14. 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. (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. In urbanized areas, up to three single-family residences may be demolished under this exemption. Designation of landmarks and historic districts, and other such preservation efforts. This Class ordinarily will not apply in the City and County of San Francisco. Accessory structures for existing nonresidential structures are covered by Class 11. Addition and removal of trees and other plant materials on private property does not require a permit. (h) The creation of bicycle lanes on existing rights-of-way. (n) Conversion of a single-family residence to office use. CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . 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. Replacement, as opposed to maintenance, is covered under Class 2(c) below. CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these 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, therefore, be exempt from the provisions of CEQA. 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. (a) The capacity of the generating facilities is five megawatts or less, 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. (2) 10,000 square feet if: Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . Street openings for the purpose of work under this item are included in this Class. The proponent must demonstrate use of qualified personnel (e.g. Categorical exemption is anticipated for this option. Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. Class 26 consists of actions by a redevelopment agency, housing authority, or other public agency to implement an adopted Housing Assistance Plan by acquiring an interest in housing units. 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): 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 3. (1) Meet all the criteria described in Subsection (a), Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. This item covers only the granting of lot line adjustments and variances, not construction that could occur as a result of such approvals. 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. Certain actions are not considered "projects" under CEQA, and are exempt from the environmental review process because they "have been determined not to have a significant effect on the environment". v. City & County of San Francisco (Nov. 18, 2022, A164629) . The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. Lead Agency Contact Person: Jui Ing Chien (Area Code) Telephone/Ext. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387).Examples of this exemption include but are not limited to: A categorical exemption shall not be used for a project which may cause a CEQA Categorical Exemption Summary . Development of an urban park following acquisition may also be exempt under Class 4(b). Projects that are initially screened and rejected or disapproved by a public agency are excluded from any CEQA review requirements. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. 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. 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. (1) One single-family residence. (l) Demolition and removal of individual small structures listed in this subsection; (Pub. (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. is diane wells still married to rick bragg . Continue Reading. There are two sets of exemptions under CEQA - Categorical and Statutory. This item covers accessory structures for both existing and new residential structures. Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. CEQA Guidelines. (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. (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. The amendment and (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. (c) Working conditions where there will be no demonstrable physical changes outside the place of work. use of federal historic rehabilitation tax credits), or other means to ensure appropriate interpretation and application of the Standards. There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. This item applies only to property owned by the City and County of San Francisco outside its borders. (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Such actions include, but are not limited to, the following: 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. New construction and changes of use of industrial uses are also included when 10,000 square feet or less. 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). Please be aware that this technical advisory does not provide an exhaustive list; . (g) Controls for surface water run-on and run-off that meets seismic safety standards; G 15182 - Residential Projects Pursuant to a Specific Plan. Installation and replacement of guide rails and rockfall barriers. 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. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. Unsubscribe at any time. This category includes revocation of permits by the Department of Building Inspection and Port of San Francisco Building Inspection and Permits Division, and enforcement actions by the Planning Department and the Port of San Francisco until referred to the City Attorney. Street openings for the purpose of work under this item are included in this item. (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. 1. (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. (a) On-premise signs. Permits for private filling of this kind are ministerial and are therefore not subject to CEQA. Categorically Exempt. There is no substantial evidence that there are any "unusual circumstances" associated with . 2. (e) Acquisition, sale, or other transfer to preserve historical resources. Every proposed project requires some level of environmental review pursuant to CEQA, unless an exemption applies. 11. 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. Acquisition of urban open space. Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. CLASS 29: COGENERATION 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: CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. CEQA Exemptions. Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. 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. 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. 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 . 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. It includes one of any kind of dwelling unit. A. . Executive Order 12372 and federal grant resources. tit. There are currently 33 different categorical exemption classes, including the Class 32 Infill Development Exemption. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or Amending the San Francisco General Plan to include a parcel in the Recreation and Open Space Plan is not categorically exempt. NOE filed . 2023010286 - 2023-01-13 - NOE - Sonic 2116-Beech-COExitCx. G Section: 15301, 15303, 15304. Such maintenance pertains primarily to existing landscaping, but when combined with Classes 2 and 4(b), this item includes replacement with similar landscaping. (i) Construction of interim or emergency ground water treatment systems; (h) Pumping of leaking ponds into an enclosed container; (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. Common Sense Exemption. This item will seldom apply in the City and County of San Francisco. The following exceptions, however, are noted in the State Guidelines. (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. Replacement of utility and transit power lines and equipment in existing locations and capacities is included in this item. Street vacations of undeveloped streets rights-of-way are included under this item. In many cases more than one item in the Class will apply to the same project. 14. 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. (3) A categorical exemption shall also not be used for a project which may cause a substantial adverse change in the significance of a historical resource. . (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. CLASS 25: TRANSFERS OF OWNERSHIP OF INTEREST IN LAND TO PRESERVE EXISTING NATURAL CONDITIONS. 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 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: CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. Uses under this item include: (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). (Creation of bicycle lanes is covered under Class 4(h) below.) Class 19 consists of only the following annexations: (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices. (Guidelines . (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Street reconstruction within existing curb lines. When considered together with other classes, it must be construed to include small structures and facilities for industrial, institutional, and public use. Section 15304 - Minor Alterations to Land . Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. (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. The "same site" shall be deemed to mean the same lot or lots as were occupied by the original structure(s). Landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. (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. Message - California Code of Regulations. (b)(3)). 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. 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. (e) The site can be adequately served by all required utilities and public services. (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 . Article 19. (3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life, and 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. (b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: Use of street and sidewalk space during construction. (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. Fire Department permits: public fireworks display, tent. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. This document is not available on Westlaw. It's free to sign up and bid on jobs. When considered together with Classes 1(d), 3, and 11, it must be deemed to include replacement and reconstruction of industrial, institutional, and public structures and facilities within the limitations stated, including construction undertaken to meet seismic safety standards. In the downtown area, parking lots of up to approximately 50 parking spaces are considered small and are therefore exempt. (3) A categorical exemption shall also not be used for a project which may cause a substantial adverse change in the significance of a historical resource. 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