ceqa categorical exemptions 15304
Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. Class 8 consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Unsubscribe at any time. A categorical exclusion (CE) is a class of actions that a Federal agency has determined, after review by CEQ, do not individually or cumulatively have a significant effect on the human environment and for which, therefore, neither an environmental assessment nor an environmental impact statement is normally required. (c) Construction or maintenance of interim or temporary surface caps; (b) Hours of work, or 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. (a) The property does not have significant values for wildlife habitat or other environmental purposes, and (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). Water supply reservoirs under this item supplement the water systems under Class 1(b) above. A categorical exemption cannot be used for a project that may cause a substantial adverse change in the significance of a historical resource. 6. (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel. 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. {CEQA) under CEQA Guideline Section 15304 Minor Alterations to Land, because the project involves the removal of vegetation for the purpose of fuel management. 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. (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. 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. Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. 13. . (b) The management plan proposes to keep the area in a natural condition or preserve the historical or archaeological resources. (3) Be contiguous to other commercial or institutional structures. 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. 5. 23-017. In such cases any special permit for grading will not be reviewed separately. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. 15304.) 2. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . Read Section 15304 - Minor . 15301 Class 1(c). Motels and commercial structures are covered in Class 3(c) below. Holiday decorations. CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. Permits for private filling of this kind are ministerial and are therefore not subject to CEQA. (f) Minor trenching and backfilling where the surface is restored. No exceptions apply that would . Transportation SB 743. (Creation of bicycle lanes is covered under Class 4(h) below.) CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . 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. The California Environmental Quality Act Guidelines considered minor alterations to the land as a Class 4 Categorical Exemption. CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION. 1. Historical Resources. Second, all classes of exemption are inapplicable when the cumulative impact of successive projects of the same type in the same place over time is significant -- for example, annual additions to an existing building under Class 1. (c) Acquisition, sale, or other transfer to allow restoration of natural conditions, including plant or animal habitats. (e) The site can be adequately served by all required utilities and public services. (1) Shall be in conformance with existing state plans and policies and with general, community, and specific plans for which an EIR or negative declaration has been prepared, 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 . This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the Acquisition of urban open space. Such list must show those specific activities at the local level that fall within each of the classes of exemptions set forth in Article 19 of the CEQA Guidelines, and must be consistent with both the letter and the intent expressed in such classes. Street openings for the purpose of work under this item are included in this item. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. NOE filed . 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. 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. Work under this Class may be related to the construction and reconstruction included in Classes 2, 3, 11, and 14. This document is not available on Westlaw. In the downtown area, parking lots of up to approximately 50 parking spaces are considered small and are therefore exempt. The CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) are administrative regulations governing implementation of the California Environmental Quality Act. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. 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. (c) Working conditions where there will be no demonstrable physical changes outside the place of work. (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. (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 . There are no facts or circumstances specific to this project that would . It's free to sign up and bid on jobs. A. . Minor extension of roadways within the Port of San Francisco container terminals. Cleaning and other maintenance of all facilities. 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. When considered together with other classes, it must be construed to include small structures and facilities for industrial, institutional, and public use. The numbers of structures described in this section are the maximum allowable on any legal parcel. Devices used during construction under this item include temporary shoring, temporary sanitary facilities, barriers, and covered pedestrian walkways in street areas. The City Cannot Rely on a Categorical Exemption when mitigation measures are required. Replacement of utility and transit power lines and equipment in existing locations and capacities is included in this item. Changes in traffic and parking regulations, including installation and replacement of signs in connection therewith, where such changes do not establish a higher speed limit along a significant portion of the street and will not result in more than a negligible increase in use of the street. This item includes tanks, bins, and other accessory structures within the property lines of existing sewage treatment plants, where such structures will be used to improve the quality of processing without increasing capacity. Categorical Exemptions: Article 19. (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. 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. In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. Section 15304, Minor Alterations to Land Reasons for Exemption . Examples include but are not limited to: Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. Certain actions are not considered "projects" under CEQA, and are exempt from the environmental review process because they "have been determined not to have a significant effect on the environment". 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. Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide, regional, or areawide concern identified in Section 15206(b)(4). Feasibility and planning studies and certain emergency projects also are excluded, and private activities having no involvement by government are not "projects" within the meaning of CEQA. 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. 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. It is permissible to restore or rehabilitate a structure to prevent seismic damage under this item, except in the case of a historical resource. Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. Categorical Exemption. (e) There will be no significant upstream or downstream passage of fish affected by the project. (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. Covered by the . 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 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. (h) Pumping of leaking ponds into an enclosed container; There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. 8. This item covers only the granting of lot line adjustments and variances, not construction that could occur as a result of such approvals. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. The utility extensions may serve a number of new structures built separately. CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. 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. However, it normally cannot be accumulated together with the maximum work stated in those Classes in a single exempt project. CEQA applies to certain activities of state and local public agencies. The proponent must demonstrate use of qualified personnel (e.g. (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. 16. Kountz was driving a 2013 Kenworth tanker truck westbound on Highway 20 east of . Street reconstruction within existing curb lines. Street vacations of undeveloped streets rights-of-way are included under this item. This exemption shall also apply to leases and concessions of all departments, boards, and commissions. 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. Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. . (626) 588-5317 If Filed by Applicant: CLASS 17: OPEN SPACE CONTRACTS OR EASEMENTS. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. Consideration should be given to categorical exemptions (continue to step II B). (c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. Street openings for the purpose of work under this item are included in this item. (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. Installation and replacement of guide rails and rockfall barriers. (b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 - Information Collection. (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. In many cases more than one item in the Class will apply to the same project. (2) Result in no noticeable increase in noise to nearby residential structures, On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. This Class applies only to land that is presently in its natural condition and/or contains historic or archaeological sites. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . This Class is rarely applicable to activities of the City and County of San Francisco. 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. (This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.) . In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. 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. 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. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. day statute of limitations for this CEQA exemption shall apply if no Notice of Exemption is filed. 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. CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL RESOURCES. 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. Certain new structures and facilities, and expansions, are covered by subsequent Classes. Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. 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. (2) A duplex or similar multifamily residential structure. Resurfacing and patching of streets. (3) Shall not result in a traffic increase of greater than 10% of front access road capacity, and (c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. (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. 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. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. 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 . 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