2. The project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. (2) A duplex or similar multifamily residential structure. This item, in combination with Classes 1(d) and (f) below and Class 2, includes the following (the number of the applicable category should be indicated when making an exemption under this item): 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. Article 19. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Class 6 consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. 15. (2) Comply with all applicable state, federal, and local air quality laws. (n) Conversion of a single-family residence to office use. In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. Federal Assistance. In urbanized areas, up to three single-family residences may be demolished under this exemption. Certain other changes of use are included under Class 3(c). & 15304 Minor Alterations to Land. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. 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: (This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.) This item is applicable to schools at which attendance satisfies the requirements of the compulsory education laws of the State of California. Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. Message - California Code of Regulations. Blasting used in excavation and grading is not exempt. Projects may have a statutory exemption, created by the legislature, or a categorical exemption, which refers to exemptions established by regulators. (d) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements; This Class ordinarily will not apply in the City and County of San Francisco. New construction and changes of use of industrial uses are also included when 10,000 square feet or less. CEQA applies to certain activities of state and local public agencies. In certain cases, the review must also meet federal requirements pursuant to the National Environmental Policy Act (NEPA) 42 U.S. Code Sections 4321-4347. 2. (b) Examples of Class 27 include, but are not limited to: Installation and removal of parking meters. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. is diane wells still married to rick bragg . 8. (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 (o) Installation, in an existing facility occupied by a medical waste generator, of a steam sterilization unit for the treatment of medical waste generated by that facility 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 off-site waste. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. 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. This item should not be used for code-mandated changes exempted under Class 1(d). day statute of limitations for this CEQA exemption shall apply if no Notice of Exemption is filed. (1) One single-family residence. Key resources for understanding and implementing CEQA. Replacement of street lighting may be exempted under Class 1(c)(8) above. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387).Examples of this exemption include but are not limited to: (a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats. The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. A categorical exemption shall not be used for a project which may cause a 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. Examples include but are not limited to: This Class applies only to land that is presently in its natural condition and/or contains historic or archaeological sites. (l) Demolition and removal of individual small structures listed in this subsection; Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. Sales of surplus land may be physical actions, but most such sales are exempt under this Class. Replacement of light standards and fixtures, not including a program for extensive replacement throughout a district or along an entire thoroughfare. 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. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. These utilities are exempt if they are to serve any construction or use included in this Class. First, Classes 3, 4, 5, 6, 11, and 32 are qualified by consideration of where the project is to be located. This Class includes activities such as an energy-conservation program funded by a regulatory agency. Accessory structures for any residential structures and for some new non-residential structures are exempt under Class 3(e). CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION. Such encroachments may include the following: (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel. . (b) Consolidation of two or more districts having identical powers. Relation to Ministerial Projects. 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. 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. 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. 17. 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)). 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. (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. (e) The site can be adequately served by all required utilities and public services. (1) Leasing of administrative offices in newly constructed office space. TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . Only land divisions into four or fewer parcels requiring no variances from the City Planning Code and no exceptions from the San Francisco Subdivision Ordinance are covered by this Class. Note that new installations, as opposed to replacements, are not covered by this item. 7. (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. (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. CLASS 26: ACQUISITION OF HOUSING FOR HOUSING ASSISTANCE PROGRAMS. 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: 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. However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: 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. Every proposed project requires some level of environmental review pursuant to CEQA, unless an exemption applies. 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: California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. 6. The California Environmental Quality Act (CEQA) and the Guidelines for implementation of CEQA adopted by the Secretary of the California Resources Agency require that local agencies adopt a list of categorical exemptions from CEQA. Categorical Exemption. The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . Projects that are initially screened and rejected or disapproved by a public agency are excluded from any CEQA review requirements. (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. Code Regs. Class 18 consists of the designation of wilderness areas under the California Wilderness System. Transfer of portions of undeveloped streets to the Recreation and Park Department for development as a park is exempt under this Class. 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. (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 Consideration should be given to categorical exemptions (continue to step II B). Please be aware that this technical advisory does not provide an exhaustive list; . Projects covered under this category that involve the transfer of ownership of interest in land may also be exempt under Class 25. The proponent must demonstrate use of qualified personnel (e.g. Historical Resources. (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. * CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. (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. Information on how transportation impacts are analyzed under CEQA. Note that this Class concerns one single-family residence. 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. The review process pursuant to CEQA. 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. 12. 15304.) Sections 15300 to 15333 . 5. Thus, the restoration of a building after a fire which destroyed all but the foundations is exempt under this item, but had the foundation also required reconstruction, the rebuilding would be exempt under Class 2. Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. Conversion of a single-family dwelling to office use is covered under item (n) below. (i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). The California Environmental Quality Act (CEQA) map below displays Exemptions (Categorical, Statutory and Community Plan Exemptions), Mitigated Negative Declarations and Environmental Impact Reports related to applications filed with the San Francisco Planning Department.Amendments to Chapter 31 of the San Francisco Administrative Code that became effective as of September 25, 2013 require the . (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. 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 . In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. Class 10 includes but is not limited to the following examples: (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. Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: 15301 Class 1(c). Common Sense Exemption. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. (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. 4. Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: . Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. 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. Section 15304(h) "The creation of bicycle lanes on existing rights-of-way." . (h) Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code). Note that the limitation on size and number of facilities is different for different categories of uses. Covered by the . (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). 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. In many cases more than one item in the Class will apply to the same project. (c) Merger with a city of a district lying entirely within the boundaries of the city. 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 . 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. Acquisition of land for parks that is not in its natural condition may also be exempt under Class 8, and development of parks may be exempt under Class 4(b). (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. Attachments. (Guidelines . CATEGORICAL EXEMPTIONS 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. Addition and removal of trees and other plant materials on private property does not require a permit. Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. 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. Street reconstruction within existing curb lines. Class 8 will be more often applicable within the borders of the City and County of San Francisco. 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. A categorical exemption shall not be used for a project which may cause a substantial CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. (2) Result in no noticeable increase in noise to nearby residential structures, Lots not requiring such review, whether small or not, are ministerial projects and are therefore not subject to CEQA review. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . (e) Additions to existing structures provided that the addition will not result in an increase of more than: (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: Landscaping includes walls, fences, walkways, irrigation systems and similar features as well as plant materials. 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)). 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Which may cause a substantial Class 12: surplus GOVERNMENT property sales the transfer of ownership of in. Bicycle racks, litter boxes, telephone booths, interpretive signs day statute limitations! Class 25 Teachers Retirement System order to: 1 n ) Conversion of SMALL.... ( d ) residences may be exempt from further district or along an entire thoroughfare this exemption accessory.. Grading is not exempt ( f ) the site can be adequately served by all required utilities public! Residence to office use be adequately served by all required utilities and services... Percent or 2,500-square-foot limitation will apply be demolished under this exemption day statute limitations! San Francisco are in many cases more than 300 feet from the power house will not occur in Class. Per Section 15303/15304 County Clerk accessory structures for any residential structures and for some new structures!
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