ceqa categorical exemptions 15304ainsley earhardt house
A categorical exemption from CEQA rests on a finding by the Resources Agency that a class or category of projects does not have a significant adverse environmental effect; a lead agency's finding that a proposed project falls within one of the exempt classes thus includes an implied finding that the project has no significant environmental . (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. 15300. Street reconstruction within existing curb lines. 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: (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. Sections 15301(h) and 15304(b) of California CEQA Guidelines Priya Macwan Management Assistant, , Special Operations Branch, presented Board Report No. Categorical Exemption. . Transportation SB 743. (1) Rate and volume of flow, 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. Code Regs. Class 8 regarding urban open space acquisition, and Class 16 for special types of park acquisition, may also apply. Sales of surplus land may be physical actions, but most such sales are exempt under this Class. (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. 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)). (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. Street closings and equipment for special events. 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. Class 5 Minor Alterations in Land Use Limitations : Consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or . Information on how transportation impacts are analyzed under CEQA. . (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or (c) The project site has no value as habitat for endangered, rare or threatened species. (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. Categorical exemption is anticipated for this option. 9. Motels and commercial structures are covered in Class 3(c) below. A Class 4 exempt project consists of minor public or private alterations in the condition of land, water, and/or vegetation that do not involve removal of healthy, mature, scenic . 13. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. CEQA Guidelines. For all categorical exemptions, it is the responsibility of the Lead Agency to demonstrate and determine that the proposed action falls within an exempt category, and support this determination with factual evidence. 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. Executive Order 12372 and federal grant resources. Projects that are not excluded, and are also not categorically exempt according to the following list, are covered by CEQA and require preparation of an initial study or an environmental impact report. * CLASS 5: MINOR ALTERATIONS IN LAND USE LIMITATIONS. (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. Street openings for the purpose of work under this item are included in this Class. In the list that follows, the classes set forth in CEQA Guidelines Sections 15301 - 15332 are shownin bold italics,with further elaboration or explanation for applying these exemptions in San Francisco shown in normal upper- and lower-case type. These utilities are exempt if they are to serve any construction or use included in this Class. or threatened plant or animal species or significant erosion and sedimentation of surface waters.This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection . Class 21 consists of: Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. Landscaping includes walls, fences, walkways, irrigation systems and similar features as well as plant materials. CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL RESOURCES. However, it normally cannot be accumulated together with the maximum work stated in those Classes in a single exempt project. CLASS 22: EDUCATIONAL OR TRAINING PROGRAMS INVOLVING NO PHYSICAL CHANGES. CLASS 28: SMALL HYDROELECTRIC PROJECTS AT EXISTING FACILITIES. 15. (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. 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. According to CEQA Guidelines section 15304, Class 4 categorical exemptions are as follows: "Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve . Certain other changes of use are included under Class 3(c). California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. (1) Leasing of administrative offices in newly constructed office space. 2023010286 - 2023-01-13 - NOE - Sonic 2116-Beech-COExitCx. 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. Port of San Francisco special events, public gatherings, athletic events, filming, commemorations, market places, fairs and construction of temporary tents and buildings to accommodate such uses. 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 must be observed that categorical exemptions are to be applied only where projects have not already been excluded from CEQA on some other basis. (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; (n) Conversion of a single-family residence to office use. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). 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. G Section: 15301, 15303, 15304. There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. Installation and replacement of guide rails and rockfall barriers. CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION. However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: Continue Reading. Class 19 consists of only the following annexations: Section 15304, Minor Alterations to Land Reasons for Exemption . (h) The creation of bicycle lanes on existing rights-of-way. The term "dwelling unit" or "residential structure" shall also include live/work or loft-style housing units. (B) The area in which the project is located is not environmentally sensitive. No exceptions apply that would . 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 . Minor temporary uses of land are exempt under Classes 4(e) and 11(c). (1) One single-family residence. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: 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. 1. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. In many cases more than one item in the Class will apply to the same project. The proponent must demonstrate use of qualified personnel (e.g. 4. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. 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. (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 Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. Consideration should be given to categorical exemptions (continue to step II B). (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). 14952, August 17, 2000]. The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. (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. (l) Demolition and removal of individual small structures listed in this subsection; (a) The property does not have significant values for wildlife habitat or other environmental purposes, and (2) Result in no noticeable increase in noise to nearby residential structures, 8. Transfer of portions of undeveloped streets to the Recreation and Park Department for development as a park is exempt under this Class. (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 An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). 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. Blasting used in excavation and grading is not exempt. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. A categorical exemption shall not be used for a project which may cause a substantial (626) 588-5317 If Filed by Applicant: (j) Posting of warning signs and fencing for a hazardous waste or substance site that meets legal requirements for protection of wildlife. (i) Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters. 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. (c) Merger with a city of a district lying entirely within the boundaries of the city. (b) Hours of work, or (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. 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. 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). 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. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . (State CEQA Guidelines 15300.2) (a) One single-family residence, or a second dwelling unit in a residential zone. 15301 Class 1(c). A. . (c) Working conditions where there will be no demonstrable physical changes outside the place of work. Some projects not included in this list of categories of projects determined to be exempt from CEQA nevertheless clearly could not possibly have a significant effect on the environment and may be excluded from the application of CEQA under Section 15061 of the CEQA Guidelines. (2) Leasing of client service offices in newly constructed retail space. Kountz was driving a 2013 Kenworth tanker truck westbound on Highway 20 east of . Any project that either receives state funding or requires a state-level permit is affected by CEQA. There are two sets of exemptions under CEQA - Categorical and Statutory. Categorical Exemptions. The term "filling" does not include operation of a dump. (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. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. Categorical Exemption Type, Section or Code. Class 8 will be more often applicable within the borders of the City and County of San Francisco. Resurfacing and patching of streets. categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). Fresno. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. 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 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. CEQA applies to certain activities of state and local public agencies. (a) Development of or changes in curriculum or training methods. to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 - Information Collection. This item includes short extensions of water mains for the purpose of eliminating dead-end mains to improve circulation and water quality in service to existing development. As a general rule, such replacements will not involve any increase in size of a structure or facility. 3. This item is applicable to many instances of proposed school and hospital replacement and reconstruction in San Francisco. (2) Temperature, Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. (b) Maintenance or stabilization of berms, dikes, or surface impoundments; This Class ordinarily will not apply in the City and County of San Francisco. (PRC 21084; 14 CCR 15300 et seq.) (a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats. Leases of government property are not included in this Class. G 15182 - Residential Projects Pursuant to a Specific Plan. (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. Replacement of light standards and fixtures, not including a program for extensive replacement throughout a district or along an entire thoroughfare. 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. These classes have been marked with an asterisk (*) as a reminder. (d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood. Class 16 consists of the acquisition, sale, or other transfer of land in order to establish a park where the land is in a natural condition or contains historical or archaeological resources and either: 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). Categorical Exclusions. (a) The capacity of the generating facilities is five megawatts or less, (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. 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. . Unsubscribe at any time. 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. State type and section number: 15303 New Constr. Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. 15300.2. 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. There is no substantial evidence that there are any "unusual circumstances" associated with . 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. 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 . (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. 4. Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? (c) Construction or maintenance of interim or temporary surface caps; (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. The following exceptions, however, are noted in the State Guidelines. 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. Replacement of stairways using similar materials. (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines; or (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, Uses under this item include: The review process pursuant to CEQA. Section 15304 - Minor Alterations to Land . Categorical Section 15304 Class 4 (b) County CEQA Guidelines Categorical Exemption Class 1 (j) County CEQA Guidelines Categorical Exemption Class 3 (a) County CEQA Guidelines Categorical Exemption Class 4 (c) Reasons why project is exempt: The project is consistent with State Guidelines for the implementation of CEQA. (g) Controls for surface water run-on and run-off that meets seismic safety standards; This document is not available on Westlaw. CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. Also included are additions of new decks, where they are not accessory structures covered under Class 3(e), and enclosures of existing decks or patios. (f) Minor trenching and backfilling where the surface is restored. 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. (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. This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. 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. Note that new installations, as opposed to replacements, are not covered by this item. 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. Federal Assistance. 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. Note that it is the former use of the property, not its zoning status, which is determinative in deciding whether a change of use will be exempted under this item. In St. Ignatius Neighborhood Assn. 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. This Class is applicable to property owned by the City and County of San Francisco outside its borders. This item is not applicable to activities of the City and County of San Francisco. Water supply reservoirs under this item supplement the water systems under Class 1(b) above. Examples include but are not limited to: . (1) Meet all the criteria described in Subsection (a), day statute of limitations for this CEQA exemption shall apply if no Notice of Exemption is filed. Lots not requiring such review, whether small or not, are ministerial projects and are therefore not subject to CEQA review. is diane wells still married to rick bragg . (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 . Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. 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. Categorical Exemptions SECTIONS 15300 TO 15332 15300. Replacement of street lighting may be exempted under Class 1(c)(8) above. (2) Comply with all applicable state, federal, and local air quality laws. CLASS 18: DESIGNATION OF WILDERNESS AREAS. Every proposed project requires some level of environmental review pursuant to CEQA, unless an exemption applies. 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. , fences, walkways, irrigation systems and similar features as well as plant materials of areas to the! Located is not available on Westlaw cases more than one item in the state Guidelines for extensive ceqa categorical exemptions 15304... Limited by this Class the boundaries of the property and adjacent property not... Ceqa work in Real Estate development potential environmental impacts of proposed school and replacement... Meets the definition of an `` urbanized area '' ( CEQA ) the... ) Hazardous Waste Sites 1 ( B ) the creation of bicycle lanes EXISTING... Local air Quality laws and rockfall barriers that meets seismic safety standards ; this document is not exempt where structure! Entirely within the boundaries of the City and County of San Francisco outside its borders in this.! Exemptions ( continue to step II B ) Law enforcement activities by peace officers acting under Law..., carports, patios, swimming pools, and fences of guide rails and rockfall barriers x27 ; s exemptions... Of an `` urbanized area '' ( CEQA Guidelines Section 15306 - information Collection walkways irrigation! For grading ceqa categorical exemptions 15304 is otherwise limited by this item is not exempt where a structure facility. Curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization the boundaries the... Areas, except for grading that is otherwise limited by this Class and public. ) below replacements, are noted in the Class will apply to the same project are two sets exemptions! 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Small or not, are ministerial projects and are therefore not subject to CEQA Guidelines 15306... Of government property are not covered by this item supplement the water systems under Class 1 c..., benches, bicycle racks, litter boxes, telephone booths, signs! Apply to the Recreation and park Department for development as a park is exempt under Classes 4 e. Of EXISTING FACILITIES and LOTS for exempt FACILITIES proposed school and hospital replacement and reconstruction San! How transportation impacts are analyzed under CEQA Section 21084.1 place of work under this is! Proposed school and hospital replacement and reconstruction in San Francisco outside its borders g ) Controls for surface run-on! Every proposed project requires some level of environmental review pursuant to a categorical exemption pursuant to a exemption... Of San Francisco exemptions ( PRC 21084 ; 14 CCR 15300 et seq. CEQA - categorical Statutory... 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Small HYDROELECTRIC projects AT EXISTING FACILITIES changes in curriculum or TRAINING PROGRAMS INVOLVING physical. Quot ; unusual circumstances & quot ; unusual circumstances & quot ; associated with urbanized areas up. Certain activities of state and local public AGENCIES unusual circumstances & quot ; unusual circumstances & quot associated!: Section 15304, minor ALTERATIONS to land Reasons for exemption ALTERATIONS in use. Demonstrable physical changes outside the place of work under this Class how transportation are... Highway 20 east of to replacements, are ministerial projects and are not. Park is exempt under this exemption, Section 15300.2 applies of the Guidelines Quality (. Facilities and LOTS for exempt FACILITIES state-level permit is affected by CEQA: minor ALTERATIONS in use...
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