CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Addition and removal of trees and other plant materials on private property does not require a permit. (PRC 21084; 14 CCR 15300 et seq.) Unsubscribe at any time. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. 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 Class includes activities such as an energy-conservation program funded by a regulatory agency. Accessory structures for existing nonresidential structures are covered by Class 11. Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: Transfer of portions of undeveloped streets to the Recreation and Park Department for development as a park is exempt under this Class. This Class is applicable to property owned by the City and County of San Francisco outside its borders. Certain other changes of use are included under Class 3(c). (b) Small parking lots. 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. Repair and replacement of bicycle ways, pedestrian trails, and dog exercise areas, and signs so designating, where to do so will not involve the removal of a scenic resource. 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. 15300.2. (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. (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. School additions are further covered by Class 14. Water supply reservoirs under this item supplement the water systems under Class 1(b) above. Installation and replacement of guide rails and rockfall barriers. Sales of surplus land may be physical actions, but most such sales are exempt under this Class. . Class 10 includes but is not limited to the following examples: Department of City Planning Permits: carnival, booth, sale of Christmas trees, or other ornamental holiday plants; placement of temporary buildings during construction; rental or sales office, all as specified in Sections 205.1 and 205.2 of the City Planning Code. Addition of dwelling units within an existing building is included in this item. 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. Note that this Class concerns one single-family residence. This Class is applicable to property owned by the City and County of San Francisco outside its borders. The acquisition or sale of land in order to establish a park where the land is still in its natural condition may be exempted under Class 16. Although occupant loads are not specified for all small commercial uses by local ordinances and regulations, the capacity of 30 persons or less shall be calculated on the basis of the type of use and the floor space available for customers and employees, using the standards of the San Francisco Building Code where applicable. 14 15302, see flags on bad law, and search Casetext's comprehensive legal database CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. 15304: Minor alterations to land . California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. (g) New copy on existing on- and off-premise signs. will also consider a finding of Categorical Exemption in accordance with Section 15301 (Existing Facilities); Section 15304(e) (Minor Alterations to Land); Section 15311 (Accessory Structures); Section 15323 (Normal Operations of Facilities for Public Gatherings) of the California Environmental The types of utilities covered under this item are indicated under Class 1(b). Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. 1. (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. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Under D.12-06-009, the CPUC determined that the projects proposed by Sonic would qualify as exempt under one or more CEQA categorical exemptions. (b) Examples of Class 27 include, but are not limited to: 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 Projects covered under this category that involve the transfer of ownership of interest in land may also be exempt under Class 25. 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. In such cases any special permit for grading will not be reviewed separately. 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. 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. * CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. Use of street and sidewalk space during construction. 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. This document is not available on Westlaw. The numbers of structures described in this section are the maximum allowable on any legal parcel. CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION. (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. 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. categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). Categorical Exemption Type, Section or Code. 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. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. Street openings for the purpose of work under this item are included in this Class. 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. Public gatherings that are part of the normal operation of a facility are exempt under Class 23. Section 15304, Minor Alterations to Land Reasons for Exemption . Therefore, these classes will not apply where the project may impact an area of special significance that has been designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. On-premise signs may also be exempt under Class 1(g). (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. This item covers accessory structures for both existing and new residential structures. Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. Such encroachments may include the following: Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. Street vacations of undeveloped streets rights-of-way are included under this item. (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. (b) Operation of the generating facilities will not change the flow regime in the affected stream, canal, or pipeline including but not limited to: Class 8 will be more often applicable within the borders of the City and County of San Francisco. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or (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. Examples include but are not limited to: 15. Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. This Class ordinarily will not apply in the City and County of San Francisco. Read Section 15304 - Minor . No exceptions apply that would . 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. Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. Notations of authority cited within the CEQA guidelines. Motels and commercial structures are covered in Class 3(c) below. 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. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. Major Development Agreements and Projects, Historic Preservation Commission Hearings. (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: "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. 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. This exemption does not cover expansions in use or capacity of the facility to be replaced or reconstructed. (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. Categorical Exemption: 21084 . 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. (b) Changes in the grade structure in a school which do not result in changes in student transportation. Kountz was driving a 2013 Kenworth tanker truck westbound on Highway 20 east of . (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. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. 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. 23-017. Categorical Exemptions . 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. If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. (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. & 15304 Minor Alterations to Land. 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. In a partially published opinion in Save Lafayette v.City of Lafayette (2022) 85 Cal.App.5th 842, the First District Court of Appeal upheld approval of an affordable housing project in the face of the third in a series of lawsuits filed by a citizens group against it.The Court held that the applicant could resume processing of its application after several years pursuing an alternative . Categorically Exempt. Street reconstruction within existing curb lines. Certain new structures and facilities, and expansions, are covered by subsequent Classes. 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. (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 Temporary uses and structures may also be exempt under Class 4(e). 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. Projects that are initially screened and rejected or disapproved by a public agency are excluded from any CEQA review requirements. CLASS 24: REGULATIONS OF WORKING CONDITIONS. Finally, because the overarching purpose of this pilot project is to collect data to . (b) Maintenance or stabilization of berms, dikes, or surface impoundments; Replacement of street lighting may be exempted under Class 1(c)(8) above. Replacement of existing drainage facilities. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . 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. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. (d) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements; The City Cannot Rely on a Categorical Exemption when mitigation measures are required. The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. (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 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. Work under this Class may be related to the construction and reconstruction included in Classes 2, 3, 11, and 14. 13. (c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. (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. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. In urbanized areas, up to three single-family residences may be demolished under this exemption. 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)). (c) Acquisition, sale, or other transfer to allow restoration of natural conditions, including plant or animal habitats. 3. A. . 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 . 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. 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. This Class includes: There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. (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. 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. TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . 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. Teachers Retirement System and by the public Employees Retirement System review, as apply... 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