Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. (4) Timing of release. Designation of landmarks and historic districts, and other such preservation efforts. 9. This Class, as a whole, includes a wide range of activities concerning existing structures and facilities. 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. Covered by the . 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. (i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources. 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. Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. (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 project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. . (c) Merger with a city of a district lying entirely within the boundaries of the city. Changes of use are included if the new use, as compared with the former use, would first be permitted as a principal or conditional use either in any equally restrictive or more restrictive zoning district as defined in the City Planning Code. A categorical exemption shall not be used for a project which may cause a substantial 13. (g) The project will not cause violations of applicable state or federal water quality standards. (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 Replacement of light standards and fixtures, not including a program for extensive replacement throughout a district or along an entire thoroughfare. (d) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements; The Secretary for Resources has found that the classes of projects listed in Article 19 . 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. tit. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: Work under this Class may be related to the construction and reconstruction included in Classes 2, 3, 11, and 14. Key resources for understanding and implementing CEQA. Replacement of stairways using similar materials. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. Such actions include, but are not limited to, the following: Class 19 consists of only the following annexations: In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. Devices used during construction under this item include temporary shoring, temporary sanitary facilities, barriers, and covered pedestrian walkways in street areas. (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. 6. 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). (h) The creation of bicycle lanes on existing rights-of-way. CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. On-premise signs may also be exempt under Class 1(g). use of federal historic rehabilitation tax credits), or other means to ensure appropriate interpretation and application of the Standards. (a) The management plan for the park has not been prepared, or The types of utilities covered under this item are indicated under Class 1(b). 15300.1. Such encroachments may include the following: (Pub. Landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. (b) Examples of Class 27 include, but are not limited to: Certain other changes of use are included under Class 3(c). (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. (2) Temperature, If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. 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 Class ordinarily will not apply in the City and County of San Francisco. Note that if only part of a structure is to be replaced or reconstructed, such activity may be exempt under Class 1(a) or (d). 2. Unsubscribe at any time. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. a preservation architect), a process/procedure (e.g. Section 15304(h) "The creation of bicycle lanes on existing rights-of-way." . Any project that either receives state funding or requires a state-level permit is affected by CEQA. (f) Application of dust suppressants or dust binders to surface soils; California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. 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. 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. Message - California Code of Regulations. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. Leases of government property are not included in this Class. The term "earth" normally means natural materials, but it may include other materials such as demolition debris at locations where they have the required compatibility. e. Hazardous Waste Sites. 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 (a) On-premise signs. This item applies only to property owned by the City and County of San Francisco outside its borders. 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). (PRC 21084; 14 CCR 15300 et seq.) 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. If a project is not statutorily exempt and a categorical exemption does not apply, it may qualify for the common sense exemption (CEQA Guidelines 15061(b)(3)). The definition of individual small structures under this Class is similar to but not exactly the same as that found under Class 3, below. Categorical Exemption Type, Section or Code. Minor extension of roadways within the Port of San Francisco container terminals. 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. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). It is permissible to restore or rehabilitate a structure to prevent seismic damage under this item, except in the case of a historical resource. (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. 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 exemption shall not be used for a project which may cause a No exceptions apply that would . (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. Class 30 consists of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less. Class 6 consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. (State CEQA Guidelines 15300.2) Consideration should be given to categorical exemptions (continue to step II B). (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. Feasibility and planning studies and certain emergency projects also are excluded, and private activities having no involvement by government are not "projects" within the meaning of CEQA. 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. Street openings for the purpose of work under this item are included in this item. Such maintenance pertains primarily to existing landscaping, but when combined with Classes 2 and 4(b), this item includes replacement with similar landscaping. (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines; or This Class is applicable to property owned by the City and County of San Francisco outside its borders. (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. Minor encroachments are encroachments on public streets, alleys, and plazas. 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. (c) Working conditions where there will be no demonstrable physical changes outside the place of work. 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. This item is applicable where there would be no changes in street capacity significantly affecting the level of service. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. Minor temporary uses of land are exempt under Classes 4(e) and 11(c). (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; categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). Installation and alteration of signs are ministerial and therefore exempt from CEQA, except for signs on designated landmarks or in historic districts, signs on sites regulated by prior stipulations under the City Planning Code, and signs that are part of a larger project requiring environmental review. Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. 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. 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 . To be exempt under this section, the proposed use of the facility: Examples include but are not limited to: Commonly Used Exemptions (reference: this website) Class 1 is the "existing facilities" exemption. This item includes tanks, bins, and other accessory structures within the property lines of existing sewage treatment plants, where such structures will be used to improve the quality of processing without increasing capacity. 2023010286 - 2023-01-13 - NOE - Sonic 2116-Beech-COExitCx. In the downtown area, parking lots of up to approximately 50 parking spaces are considered small and are therefore exempt. Class 8 will be more often applicable within the borders of the City and County of San Francisco. 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. Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. 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. 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. Categorical Exemption. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. (b)(3)). The numbers of structures described in this section are the maximum allowable on any legal parcel. (e) Additions to existing structures provided that the addition will not result in an increase of more than: 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. Street closings and equipment for special events. 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. CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. 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. (This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.) 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. G 15182 - Residential Projects Pursuant to a Specific Plan. Following completion of the SRE, environmental staff in coordination with the PDT will determine whether a Categorical Exemption (CE) is still appropriate for the project. 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 (n) Conversion of a single-family residence to office use. 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. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. CEQA will apply when a management plan is proposed that will change the area from its natural condition or cause substantial adverse change in the significance of the historic or archaeological resource. Class 29 consists of the installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting the conditions described in this section. 3. Thus, the restoration of a building after a fire which destroyed all but the foundations is exempt under this item, but had the foundation also required reconstruction, the rebuilding would be exempt under Class 2. Class 18 consists of the designation of wilderness areas under the California Wilderness System. (3) Be contiguous to other commercial or institutional structures. 16. (4) Shall include the provision of adequate employee and visitor parking facilities. Note that this Class concerns one single-family residence. . 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. Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. 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. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . Note that the latter is whichever is less" and that 50 percent means 1/2 of the existing structure's floor area -- the building may not be doubled in size. 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. 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. Sales of surplus land may be physical actions, but most such sales are exempt under this Class. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. (b) Operation of the generating facilities will not change the flow regime in the affected stream, canal, or pipeline including but not limited to: Article 19. The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. Section 15304, Minor Alterations to Land Reasons for Exemption . (a) The property does not have significant values for wildlife habitat or other environmental purposes, and Categorical Exclusions. CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. "Economic poisons," as defined by State law, are substances used for defoliating plants, regulating plant growth, and controlling weeds, insects, fungi, bacteria, animals, and other pests. (c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. Development of parks and open space on undeveloped streets within Port of San Francisco jurisdiction would be included in this item. An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. Operations of facilities in this Class are of an on-going nature. (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. Note that new installations, as opposed to replacements, are not covered by this item. Categorical exemptions are authorized by section 21084, subdivision (a), which states: This class also includes maintenance and repair of pier aprons, piers, boat ramps, and other pile-supported structures in areas that are not environmentally sensitive. In urbanized areas, up to three single-family residences may be demolished under this 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 . (Creation of bicycle lanes is covered under Class 4(h) below.) Examples include but are not limited to: (g) New copy on existing on- and off-premise signs. G 15183 - Projects . This section is limited to dwelling units and to no more than one building even when the number of units in two or more buildings totals less than six. (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). (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. a categorical exemption under ceqa. Petition was barred by res judicata in the purpose of work, barriers, and such... And facilities a project which may cause a no exceptions apply that would or federal water quality.! Construction which is exempt from CEQA per section 15303/15304 County Clerk installation, modification and replacement traffic! -024 and -026, Premium Packing parking Lot street furniture: planter,... Habitat or other environmental purposes, and electrical conveyances in compliance with applicable ordinances and regulations existing rights-of-way. & ;! ) Consideration should be given to categorical exemptions ( continue to step b! 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