This Class is applicable to property owned by the City and County of San Francisco outside its borders. 1. The California Environmental Quality Act Guidelines considered minor alterations to the land as a Class 4 Categorical Exemption. The project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. This Class includes: Sales of surplus land may be physical actions, but most such sales are exempt under this Class. 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- 13. Federal Assistance. Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. Note that new installations, as opposed to replacements, are not covered by this item. 4. (c) Construction or maintenance of interim or temporary surface caps; This item should not be used for code-mandated changes exempted under Class 1(d). The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . 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). (b) Examples of Class 27 include, but are not limited to: This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. Fresno. (2) The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective. . Attachments. Categorical Exemption Type, Section or Code. This Class may be used where above-noted conditions (a) through (e) are fulfilled, where it can be seen with certainty that the proposed project could not have a significant effect on the environment. Continue Reading. Read Section 15304 - Minor . 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. 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. (j) Posting of warning signs and fencing for a hazardous waste or substance site that meets legal requirements for protection of wildlife. 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: 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. The Secretary of the California Resources Agency has determined that the projects in these classes do not have significant effect on the environment, and therefore are categorically exempt from CEQA. These classes have been marked with an asterisk (*) as a reminder. Categorically Exempt. Class 18 consists of the designation of wilderness areas under the California Wilderness System. 7. Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. Examples include but are not limited to: 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. Provide your email address to sign up for news or other topics of interest. Such encroachments may include the following: (State CEQA Guidelines 15300.2) Public gatherings that are part of the normal operation of a facility are exempt under Class 23. TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . Section 15304(h) "The creation of bicycle lanes on existing rights-of-way." . . CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. 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. CEQA applies to certain activities of state and local public agencies. A categorical exemption shall not be used for a project which may cause a 14 15302, see flags on bad law, and search Casetext's comprehensive legal database In urbanized areas, up to three single-family residences may be demolished under this exemption. 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). a preservation architect), a process/procedure (e.g. 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. (a) On-premise signs. (c) A store, motel, office, restaurant and/or similar small commercial structures not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: 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. Movement of trees in planter boxes is not deemed to be tree removal or installation. (b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. 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. 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. This item will seldom apply in the City and County of San Francisco. 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. proposed project is also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(f) - Minor Alterations to Land. 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. 16. State type and section number: 15303 New Constr. (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, 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. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . Demolition of any structure determined by the San Francisco Fire Department to be a health and safety hazard is statutorily exempt as an emergency project (Guidelines Section 15071(c)). to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 - Information Collection. Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. Class 21 consists of: 2. 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. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). Removal of dead, seriously damaged, and incurably diseased trees is exempt under this Class. 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: All actions must be consistent with applicable state and local environmental permitting requirements including, but not limited to, air quality rules such as those governing volatile organic compounds and water quality standards, and approved by the regulatory body with jurisdiction over the site. Covered by the . (b) Small parking lots. . 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 . There is no substantial evidence that there are any "unusual circumstances" associated with . The proponent must demonstrate use of qualified personnel (e.g. a categorical exemption under ceqa. 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. 1. Such maintenance pertains primarily to existing landscaping, but when combined with Classes 2 and 4(b), this item includes replacement with similar landscaping. 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. 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. Uses under this item include: (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 Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. The Committee notes that the CEQA Guidelines have two applicable categorical exemptions: Guidelines section 15301(c), the Class 1 exemption, for development of existing facilities, where there is negligible expansion of an existing use, which specifically includes existing bicycle trails; and Guidelines section 15304 (h), the Class 4 exemption . Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. CEQA Guidelines, Article 19, Section 15332, Class 32. Lots not requiring such review, whether small or not, are ministerial projects and are therefore not subject to CEQA review. (a) One single-family residence, or a second dwelling unit in a residential zone. Class 10 consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial institutions. 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. 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. (b) Hours of work, or Code Regs. In urbanized areas, this exemption applies to duplexes and similar structures where no more than six dwelling units will be demolished. There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. (i) Construction of interim or emergency ground water treatment systems; (d) Minor alterations in land, water, and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production. These utilities are exempt if they are to serve any construction or use included in this Class. Accessory structures for any residential structures and for some new non-residential structures are exempt under Class 3(e). * CLASS 5: MINOR ALTERATIONS IN LAND USE LIMITATIONS. Section 15304 - Minor Alterations to Land . (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. Notice of Exemption. Permits for private filling of this kind are ministerial and are therefore not subject to CEQA. A categorical exemption cannot be used for a project that may cause a substantial adverse change in the significance of a historical resource. 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. "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. The addition of portable classrooms is included in this exemption. CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION. Cleaning and other maintenance of all facilities. 4. (b) Issuance of minor encroachment permits. 1. Leases of government property are not included in this Class. Addition and removal of trees and other plant materials on private property does not require a permit. Common Sense Exemption. The pro: ject 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 land and/or vegetation within a densely developed oil field and does not require the removal of healthy, mature Lead Agency Contact Person: Jui Ing Chien (Area Code) Telephone/Ext. 2. tit. Use of street and sidewalk space during construction. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the Categorical Exemption. (b) Maintenance or stabilization of berms, dikes, or surface impoundments; Executive Order 12372 and federal grant resources. It's free to sign up and bid on jobs. This Class ordinarily will not apply in the City and County of San Francisco. The numbers of structures described in this section are the maximum allowable on any legal parcel. (c) The project site has no value as habitat for endangered, rare or threatened species. (n) Conversion of a single-family residence to office use. Class 8 will be more often applicable within the borders of the City and County of San Francisco. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. (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. The types of utilities covered under this item are indicated under Class 1(b). Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. (B) The area in which the project is located is not environmentally sensitive. 3. (d) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements; Addition of dwelling units to an existing building that does not involve a mere partitioning of existing space (see Class 1(a) above for coverage of the latter) is included in this item. The City concluded the project was categorically exempt pursuant to the In-fill exemption (CEQA Guidelines 15332) and the "New Construction or Conversion of Small Structures" exemption . Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? Class 9 consists of activities limited entirely to inspection, to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. (g) New copy on existing on- and off-premise signs. 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. 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. Projects that are initially screened and rejected or disapproved by a public agency are excluded from any CEQA review requirements. Examples include but are not limited to: (c) Merger with a city of a district lying entirely within the boundaries of the city. (Guidelines . 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. 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. Class 8 regarding urban open space acquisition, and Class 16 for special types of park acquisition, may also apply. (a) The management plan for the park has not been prepared, or Operations of facilities in this Class are of an on-going nature. (1) One single-family residence. Major Development Agreements and Projects, Historic Preservation Commission Hearings. (e) There will be no significant upstream or downstream passage of fish affected by the project. (h) Pumping of leaking ponds into an enclosed container; CEQA Categorical Exemption Summary . (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. The proponent must understand that work undertaken may be halted, and the exemption revoked, if the work is not being performed consistent with the Standards as originally defined. G 15182 - Residential Projects Pursuant to a Specific Plan. Categorical exemption is anticipated for this option. Class 19 consists of only the following annexations: 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) 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. (c) Acquisition, sale, or other transfer to allow restoration of natural conditions, including plant or animal habitats. 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.

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