(c) Working conditions where there will be no demonstrable physical changes outside the place of work. There are currently 33 different categorical exemption classes, including the Class 32 Infill Development Exemption. 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. 10. We are thrilled to welcome the TLG team to CEQA Chronicles and look forward to sharing their updates on important CEQA developments, new case law, legislation, and guidance. 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. 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. (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; CEQA Guidelines. Blasting used in excavation and grading is not exempt. (a) On-premise signs. Accessory structures for any residential structures and for some new non-residential structures are exempt under Class 3(e). Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. This Class is rarely applicable to activities of the City and County of San Francisco. (f) Application of dust suppressants or dust binders to surface soils; Examples include but are not limited to: 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: 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. Certain work for protection of health and safety is excluded from CEQA as emergency projects. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. There is no substantial evidence that there are any "unusual circumstances" associated with . a preservation architect), a process/procedure (e.g. (4) Shall include the provision of adequate employee and visitor parking facilities. {CEQA) under CEQA Guideline Section 15304 Minor Alterations to Land, because the project involves the removal of vegetation for the purpose of fuel management. A statutory exemption, not to be confused with a categorical exemption (more on that below), is any provision in state law that takes a project either totally out of the CEQA process or exempts it from certain requirements of that process. 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. Development of an urban park following acquisition may also be exempt under Class 4(b). 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. 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. (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices. A. . This item is applicable to many instances of proposed school and hospital replacement and reconstruction in San Francisco. Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. The City also argued that applying the Brown Act to a CEQA exemption would place an intolerable burden on local agencies, requiring basic administrative decisions such . (b) Examples of Class 27 include, but are not limited to: Replacement of stairways using similar materials. (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. 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. (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. (h) Pumping of leaking ponds into an enclosed container; CLASS 27: LEASING NEW FACILITIES (a) Class 27 consists of the leasing of a newly constructed or previously unoccupied privately owned facility by a local or state agency where the local governing authority determined that the building was exempt from CEQA. This item will seldom apply in the City and County of San Francisco. e. Hazardous Waste Sites. (g) The project will not cause violations of applicable state or federal water quality standards. 2023010286 - 2023-01-13 - NOE - Sonic 2116-Beech-COExitCx. 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. 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. Information on how transportation impacts are analyzed under CEQA. Categorical Exemption Type, Section or Code. To be exempt under this section, the proposed use of the facility: Installation and replacement of guide rails and rockfall barriers. Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. Read Section 15304 - Minor . Does the project fall into any CEQA exemption? (g) Controls for surface water run-on and run-off that meets seismic safety standards; (2) Temperature, Code Regs. (b) Issuance of minor encroachment permits. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. Addition and removal of trees and other plant materials on private property does not require a permit. 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 . Replacement of existing drainage facilities. Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. The term "dwelling unit" or "residential structure" shall also include live/work or loft-style housing units. Categorical exemptions are authorized by section 21084, subdivision (a), which states: A categorical exemption shall not be used for a project which may cause a substantial Class 5 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 density, including but not limited to: Leases of government property are not included in this Class. 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 17: OPEN SPACE CONTRACTS OR EASEMENTS. CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. On-premise signs may also be exempt under Class 1(g). 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. 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. 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 18: DESIGNATION OF WILDERNESS AREAS. (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. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. The Secretary for Resources has found that the classes of projects listed in Article 19 . The process for reviewing these projects complies with the California Environmental Quality Act (CEQA) and with the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). 11. Motels and commercial structures are covered in Class 3(c) below. This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. [Revised and Adopted by the San Francisco Planning Commission Resolution No. CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION. 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. 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. Accessory structures for existing nonresidential structures are covered by Class 11. This is a form of subdivision involving no new construction. 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. Devices used during construction under this item include temporary shoring, temporary sanitary facilities, barriers, and covered pedestrian walkways in street areas. Setback variances include both front and rear yard variances and modification or abolition of legislated setback lines. There is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed . Class 20 consists of changes in the organization or reorganization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. 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. 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. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. Grading in connection with demolition is categorically exempt only as stated under Class 4. (Then see Class 31.) (c) Merger with a city of a district lying entirely within the boundaries of the city. This Class includes: Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: (b) Consolidation of two or more districts having identical powers. Article 19. & 15304 Minor Alterations to Land. (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. First, Classes 3, 4, 5, 6, 11, and 32 are qualified by consideration of where the project is to be located. Addition of dwelling units within an existing building is included in this item. Categorical Exemptions SECTIONS 15300 TO 15332 15300. 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. Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. For the purposes of this section, "past history" shall mean that the same or similar kind of activity has been occurring for at least three years and that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility. f. Historical 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. CLASS 24: REGULATIONS OF WORKING CONDITIONS. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. 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: (d) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements; G Section: 15301, 15303, 15304. This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions. (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines; or 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. is diane wells still married to rick bragg . (k) Division of existing multiple-family or single-family residences into common-interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt. December 30, 2022. Message - California Code of Regulations. Uses under this item include: Sections 15301(h) and 15304(b) of California CEQA Guidelines Priya Macwan Management Assistant, , Special Operations Branch, presented Board Report No. (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. Street vacations of undeveloped streets rights-of-way are included under this item. There are no facts or circumstances specific to this project that would . 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). 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. Class 18 consists of the designation of wilderness areas under the California Wilderness System. 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. Class 8 will be more often applicable within the borders of the City and County of San Francisco. It is permissible to restore or rehabilitate a structure to prevent seismic damage under this item, except in the case of a historical resource. (1) Leasing of administrative offices in newly constructed office space. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. Changes of use are included because to provide otherwise would place greater restriction upon existing buildings than upon new buildings (see also Class 1(a) regarding changes of use). 15301 Class 1(c). 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. Replacement of light standards and fixtures, not including a program for extensive replacement throughout a district or along an entire thoroughfare. This exemption shall also apply to leases and concessions of all departments, boards, and commissions. 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. CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. (b) Maintenance or stabilization of berms, dikes, or surface impoundments;
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