ceqa categorical exemptions 15304

(1) Leasing of administrative offices in newly constructed office space. * CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. Resurfacing and patching of streets. A categorical exemption shall not be used for a project which may cause a 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". (h) The project will not entail any construction on or alteration of a site included in or eligible for inclusion in the National Register of Historic Places, and (b) Small parking lots. (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . No exceptions apply that would . This item also includes development activities involved in the creation of new parks when the creation of a new park is not outside standards for exemption set forth in this or other classes. (Then see Class 31.) Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . (e) The site can be adequately served by all required utilities and public services. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . Addition of dwelling units within an existing building is included in this item. 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 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: Permits for private filling of this kind are ministerial and are therefore not subject to CEQA. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL RESOURCES. Executive Order 12372 and federal grant resources. The term "filling" does not include operation of a dump. 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. This Class applies only to land that is presently in its natural condition and/or contains historic or archaeological sites. (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 (e) Acquisition, sale, or other transfer to preserve historical resources. 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 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. (c) Acquisition, sale, or other transfer to allow restoration of natural conditions, including plant or animal habitats. 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 Executive Order suspends Public Resources Code, Division 13 (commencing with section 21000, also known as the California Environmental Quality Act or CEQA) and regulations adopted pursuant to that Division under specified circumstances. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. The numbers of structures described in this section are the maximum allowable on any legal parcel. (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. Commonly Used Exemptions (reference: this website) Class 1 is the "existing facilities" exemption. G Section: 15301, 15303, 15304. Amending the San Francisco General Plan to include a parcel in the Recreation and Open Space Plan is not categorically exempt. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. 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. 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. 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 . This is a form of subdivision involving no new construction. This document is not available on Westlaw. December 30, 2022. (3) Be contiguous to other commercial or institutional structures. Installation and replacement of guide rails and rockfall barriers. A categorical exemption cannot be used for a project that may cause a substantial adverse change in the significance of a historical resource. Lots not requiring such review, whether small or not, are ministerial projects and are therefore not subject to CEQA review. A. . (a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats. (Guidelines . 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. 6. 2. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. Use of street and sidewalk space during construction. 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. Leases of government property are not included in this Class. Historical Resources. Replacement of existing drainage facilities. (a) The management plan for the park has not been prepared, or (2) A duplex or similar multifamily residential structure. This Class is applicable to property owned by the City and County of San Francisco outside its borders. Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. Where there is a reasonable possibility of a significant effect due to unusual circumstances surrounding the project, it is not exempt even if it clearly fits one of the categories. Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. (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. (2) Leasing of client service offices in newly constructed retail space. CLASS 27: LEASING NEW FACILITIES (a) Class 27 consists of the leasing of a newly constructed or previously unoccupied privately owned facility by a local or state agency where the local governing authority determined that the building was exempt from CEQA. The project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. Street closings and equipment for special events. 9. CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. 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 Such actions include, but are not limited to, the following: In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. 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. SB 35 requires . This item will seldom apply in the City and County of San Francisco. 2. 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. 7. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. Categorical Exemptions SECTIONS 15300 TO 15332 15300. Class 8 will be more often applicable within the borders of the City and County of San Francisco. 1. Accessory structures for any residential structures and for some new non-residential structures are exempt under Class 3(e). 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. (2) 10,000 square feet if: (b) Consolidation of two or more districts having identical powers. 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. 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. Certain utilities under the jurisdiction of the State Public Utilities Commission are not subject to local control and therefore do not require local environmental review. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. (j) Posting of warning signs and fencing for a hazardous waste or substance site that meets legal requirements for protection of wildlife. (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. Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: 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- Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. These utilities are exempt if they are to serve any construction or use included in this Class. Covered by the . Lead Agency Contact Person: Jui Ing Chien (Area Code) Telephone/Ext. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. Operations of facilities in this Class are of an on-going nature. 1. 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. 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: 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). CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. 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. 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. 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. Under certain exceptional circumstances involving hazards to health and safety, removal of healthy trees may be considered an emergency project. 2. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. Landscaping includes walls, fences, walkways, irrigation systems and similar features as well as plant materials. 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. Class 22 consists of the adoption, alteration, or termination of educational or training programs which involve no physical alteration in the area affected or which involve physical changes only in the interior of existing school or training structures. Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. Projects that are initially screened and rejected or disapproved by a public agency are excluded from any CEQA review requirements. (f) An accessory steam sterilization unit for the treatment of medical waste at a facility occupied by a medical waste generator, 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 offsite waste. (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or 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 {CEQA) under CEQA Guideline Section 15304 Minor Alterations to Land, because the project involves the removal of vegetation for the purpose of fuel management. Landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. (a) Establishment of a subsidiary district. Street reconstruction within existing curb lines. 16. Setback variances include both front and rear yard variances and modification or abolition of legislated setback lines. (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). (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 When considered together with other classes, it must be construed to include small structures and facilities for industrial, institutional, and public use. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. The "same site" shall be deemed to mean the same lot or lots as were occupied by the original structure(s). Retail space the CEQA Guidelines Section 15387 ) to CEQA review requirements districts identical... 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Is not categorically exempt of land in order to: 1 or CONVERSION of SMALL structures administrative offices in constructed!

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