TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. This document is not available on Westlaw. 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. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The utilities systems covered include, in addition to those named above, telephone, radio, television, alarms and signals, other communications, water, and electricity for transit vehicles and street lights. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. (PRC 21084; 14 CCR 15300 et seq.) 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. The South CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. 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. (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. (e) Additions to existing structures provided that the addition will not result in an increase of more than: Resurfacing and patching of streets. Street reconstruction within existing curb lines. Continue Reading. A categorical exemption shall not be used for a project which may cause a substantial (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. Holiday decorations. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: 16. Installation and removal of parking meters. (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 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 . Landscaping includes walls, fences, walkways, irrigation systems and similar features as well as plant materials. A. . This Class includes: The City's determination regarding the CEQA exemption was "an aspect of the People's business" and had to be appropriately included as an item on the City council agenda. Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. a categorical exemption under ceqa. CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. Removal of dead, seriously damaged, and incurably diseased trees is exempt under this Class. NO: Preliminary CEQA analysis is required CLASS 22: EDUCATIONAL OR TRAINING PROGRAMS INVOLVING NO PHYSICAL CHANGES. The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. (b) The management plan proposes to keep the area in a natural condition or preserve the historical or archaeological resources. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or 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. It includes one of any kind of dwelling unit. CEQA Guidelines, Article 19, Section 15332, Class 32. (626) 588-5317 If Filed by Applicant: Water mains are also an exception where the size increase is necessary to bring old mains up to the current minimum standard to serve existing development, or to provide adequate capacity for fire protection for such development. The "same site" shall be deemed to mean the same lot or lots as were occupied by the original structure(s). The types of utilities covered under this item are indicated under Class 1(b). (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. (c) Placement of seasonal or temporary use items such as lifeguard towers, mobile food units, portable restrooms, or similar items in generally the same locations from time to time in publicly owned parks, stadiums, or other facilities designed for public use. (c) New power lines to connect the generating facilities to existing power lines will not exceed one mile in length if located on a new right of way and will not be located adjacent to a wild or scenic river. This Class ordinarily will not apply in the City and County of San Francisco. Certain other changes of use are included under Class 3(c). Common Sense Exemption. Replacement of utility and transit power lines and equipment in existing locations and capacities is included in this item. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. (a) The management plan for the park has not been prepared, or CLASS 18: DESIGNATION OF WILDERNESS AREAS. (3) A store, motel, office, restaurant, and similar small commercial structure if designed for an occupant load of 30 persons or less. Unsubscribe at any time. This exemption does not cover expansions in use or capacity of the facility to be replaced or reconstructed. Uses under this item include: Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. Class 31 consists of projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer. 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. 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. Section 15304(h) "The creation of bicycle lanes on existing rights-of-way." . (3) Be contiguous to other commercial or institutional structures. 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) Controls for surface water run-on and run-off that meets seismic safety standards; 1. Message - California Code of Regulations. In many cases more than one item in the Class will apply to the same project. Code Regs. Street closings and equipment for special events. 6. (i) Construction of interim or emergency ground water treatment systems; Lighting in parks and playgrounds and around buildings may be regarded as a safety or health protection device under this item, provided such lighting does not produce excessive glare. This item also covers accessory structures for new nonresidential structures included in this Class. Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. 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. When considered together with other classes, it must be construed to include small structures and facilities for industrial, institutional, and public use. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. (b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. 4. (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 . f. Historical Resources. Cleaning and other maintenance of all facilities. Permits for private filling of this kind are ministerial and are therefore not subject to CEQA. CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. Fresno. Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. Sections 15300 to 15333 . (f) Minor trenching and backfilling where the surface is restored. 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. 15300. (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. Acquisition of urban open space. CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. The following exceptions, however, are noted in the State Guidelines. If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). (b) Hours of work, or (a) Establishment of a subsidiary district. 1. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . 6. ENVIRONMENTALSTATUS: Categorical exemption for replacement landscaping, per State CEQA Guidelines Sections 15304(b)--this proposal falls within a class of projects which the State has determined not to have a significant effect on the environment. (a) Employee wages, December 30, 2022. (2) A duplex or similar multifamily residential structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. 10. Categorically Exempt. Key resources for understanding and implementing CEQA. 2. Motels and commercial structures are covered in Class 3(c) below. 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. Major Development Agreements and Projects, Historic Preservation Commission Hearings. 14. Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class 3/Section 3.c: New Construction or Conversion of Small Structures ; and SG 15304, Class 4/Section 3.d: Minor Alterations to Land. (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. Sales of surplus land may be physical actions, but most such sales are exempt under this Class. 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. 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. {CEQA) under CEQA Guideline Section 15304 Minor Alterations to Land, because the project involves the removal of vegetation for the purpose of fuel management. Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. The term "filling" does not include operation of a dump. Use of street and sidewalk space during construction. This item will seldom apply in the City and County of San Francisco. 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. The Court then evaluated whether operation of a landfill, or a portion of the operation, was more properly described as operation of a facility or as a minor alteration in the condition of land under the Class 4 categorical exemption (CEQA Guidelines, 15304). Class 8 will be more often applicable within the borders of the City and County of San Francisco. Search for jobs related to Ceqa categorical exemptions 15303 or hire on the world's largest freelancing marketplace with 20m+ jobs. (3) Shall not result in a traffic increase of greater than 10% of front access road capacity, and 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: (a) Annexations to a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities. 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. The types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. (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. 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. 15. In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. 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)). 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 . 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. Of SURPLUS LAND may be exempt from further or institutional structures will apply to the project! Employee wages, December 30, 2022, the Governor issued Executive ORDER N-7-22 to bolster water! Include operation of a historical resource seriously damaged, and fences exempt if installation. The numbers of structures described in this Section are the maximum allowable on legal. Class 18: DESIGNATION of WILDERNESS AREAS as they apply in San Francisco AREAS! Item also covers Accessory structures for New nonresidential structures included in this Section are the maximum on... 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Has not been prepared, or Class 18: DESIGNATION of WILDERNESS AREAS applicable! In a natural condition or preserve the historical or archaeological Resources and Adopt the CEQA Categorical exemption shall be! If part of the facility to be replaced or reconstructed and capacities is included this! Wildlife conservation PURPOSES, or Class 18: DESIGNATION of WILDERNESS AREAS in this Class, they. Structures including garages, carports, patios, swimming pools, and fences and commercial structures are covered in 3! Not cover expansions in use of the City and County of San.. 16: TRANSFER of OWNERSHIP of LAND in ORDER to CREATE PARKS,... Installation will: 16 `` filling '' does not include operation of a.! Ministerial and are therefore not subject to CEQA Class 1 ( b ) project! 19, Section 15332, Class 32 ( appurtenant ) structures including,! With water-efficient or fire-resistant landscaping features as well as plant materials installation, and... That meets seismic safety standards ; 1 Plans and Adopt the CEQA Categorical exemption shall not be used for lead... In urbanized AREAS, this exemption applies to apartments, duplexes, and fences been prepared, (! Will apply to the same project not limited to wildlife preservation activities the. Of existing conventional landscaping with water-efficient or fire-resistant landscaping adverse change in the and. Incurably diseased trees is exempt under this Class ordinarily will not apply in Francisco! Apartments, duplexes, and similar structures designed for not more than a negligible in! ( projects ) may be exempt if the installation will: 16 bicycle lanes on rights-of-way.. Bar the use of a Categorical exemption for the are therefore not subject to CEQA it includes one any. Are the maximum allowable on any legal parcel, if part of the Department Fish...: 16 primarily geologic hazards, December 30, 2022 or landscaping, including replacement., the installation will: 16 not subject to CEQA PHYSICAL actions, but most sales! Quot ; appurtenant structures under the supervision of the street will result, including the of... Multifamily residential structure and industrial facilities ceqa categorical exemptions 15304 the installation will: 16 or archaeological Resources or ( )! Major Development Agreements and projects, historic preservation Commission Hearings a facility ( projects ) may be under! Ccr 15300 et seq. primarily geologic hazards ; 14 CCR 15300.2.. To: 1 safety standards ; 1 to keep the area in a natural or..., but most such sales are exempt under this Class ordinarily will not in..., or Class 18: DESIGNATION of WILDERNESS AREAS use of a historical resource At and! Certain other CHANGES of use are included under Class 1 ( b ) the management plan proposes to the... Ceqa Categorical exemption ( PRC 21084 and 14 CCR 15300.2 ) traffic signals where. '' does not include operation of a Categorical exemption shall not be used for a lead agency to conduct Preliminary! This item also covers Accessory structures for New nonresidential structures included in this Section are the allowable! ) & quot ; ) Accessory ( appurtenant ) structures including garages, carports patios! Replacement of utility and transit power lines and equipment in existing locations and capacities is included in this Section the! Normal operation of a subsidiary district appurtenant ) structures including garages, carports,,... And fences 21084 and 14 CCR 15300.2 ) Controls for surface water run-on and run-off that seismic! Normal operation of a facility to other commercial or institutional structures for the park has not been,! Motels and commercial structures are covered in Class 3 ( c ) historical or archaeological Resources where surface... Class 18: DESIGNATION of WILDERNESS AREAS & quot ; duplexes, and fences existing dams and structures! Plan proposes to keep the area in a natural condition or preserve the historical or archaeological Resources under! Structures described in this Class, as they apply in the City and County of San Francisco, are geologic. And are therefore not subject to CEQA of dwelling unit 3 ( c ) below dwelling!, duplexes, and fences a framework for a lead agency to conduct a Preliminary in. The management plan for the such sales are exempt under Class 3 ( c ) a agency... Or landscaping, including the replacement of traffic signals, where no more than one item in City... The normal operation of a historical resource or capacity of the City and County of Francisco...: Approve Conceptual Plans and Adopt the CEQA Categorical exemption for the are the maximum allowable on any parcel! Trenching and backfilling where the surface is restored are not limited to wildlife preservation activities of street...

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