No exceptions apply that would . Class 17 consists of the establishment of agricultural preserves, the making and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to maintain the open space character of the area. In urbanized areas, this exemption applies to duplexes and similar structures where no more than six dwelling units will be demolished. Development of parks and open space on undeveloped streets within Port of San Francisco jurisdiction would be included in this item. 2. 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. The term "filling" does not include operation of a dump. 23-017. 1. 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. (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: (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. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. In such cases any special permit for grading will not be reviewed separately. 15300.1. (h) The creation of bicycle lanes on existing rights-of-way. Executive Order 12372 and federal grant resources. Categorical Exemption Type, Section or Code. 14952, August 17, 2000]. (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. (1) Meet all the criteria described in Subsection (a), 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. It includes one of any kind of dwelling unit. Lead Agency Contact Person: Jui Ing Chien (Area Code) Telephone/Ext. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . (l) Demolition and removal of individual small structures listed in this subsection; 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. (Pub. a preservation architect), a process/procedure (e.g. Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). No cleanup action shall be subject to this Class 30 exemption if the action requires the on site use of a hazardous waste incinerator or thermal treatment unit, with the exception of low temperature thermal desorption, or the relocation of residences or businesses, or the action involves the potential release into the air of volatile organic compounds as defined in Health and Safety Code section 25123.6, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local Air Pollution Control District or Air Quality Management District. 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. Categorical Exemption: 21084 . Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. Such encroachments may include the following: Every proposed project requires some level of environmental review pursuant to CEQA, unless an exemption applies. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. 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. Note that new installations, as opposed to replacements, are not covered by this item. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 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. Motels and commercial structures are covered in Class 3(c) below. Street vacations of undeveloped streets rights-of-way are included under this item. (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. (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. (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. categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). 3. Does the project fall into any CEQA exemption? The definition of individual small structures under this Class is similar to but not exactly the same as that found under Class 3, below. CEQA Categorical Exemption Summary . 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. Class 10 includes but is not limited to the following examples: (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. Class 8 will be more often applicable within the borders of the City and County of San Francisco. (B) The area in which the project is located is not environmentally sensitive. 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). 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. Leases of government property are not included in this Class. Examples include but are not limited to: (b) Changes in the grade structure in a school which do not result in changes in student transportation. Class 21 consists of: Installation and replacement of guide rails and rockfall barriers. CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. NO: Preliminary CEQA analysis is required CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. Class 14 consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less. 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. Class 13 consists of the acquisition of lands for fish and wildlife conservation purposes including preservation of fish and wildlife habitat, establishing ecological reserves under Fish and Game Code Section 1580, and preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition. It is permissible to restore or rehabilitate a structure to prevent seismic damage under this item, except in the case of a historical resource. Categorically Exempt. The housing units may be either in existence or possessing all required permits for construction when the agency makes its final decision to acquire the units. Construction activities are not included in this exemption. CLASS 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines; or (a) The property does not have significant values for wildlife habitat or other environmental purposes, and Categorical Exemptions . Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: The Executive Order suspends Public Resources Code, Division 13 (commencing with section 21000, also known as the California Environmental Quality Act or CEQA) and regulations adopted pursuant to that Division under specified circumstances. 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: Examples include but are not limited to: 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. (State CEQA Guidelines 15300.2) . Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. This item is applicable mainly 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). 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. Replacement, as opposed to maintenance, is covered under Class 2(c) below. Replacement of utility and transit power lines and equipment in existing locations and capacities is included in this item. (b)(3)). 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. The term "dwelling unit" or "residential structure" shall also include live/work or loft-style housing units. Categorical Exemption. (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. 8. (g) Controls for surface water run-on and run-off that meets seismic safety standards; (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. A categorical exemption from CEQA rests on a finding by the Resources Agency that a class or category of projects does not have a significant adverse environmental effect; a lead agency's finding that a proposed project falls within one of the exempt classes thus includes an implied finding that the project has no significant environmental . 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): In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. Commonly Used Exemptions (reference: this website) Class 1 is the "existing facilities" exemption. The South Note that if only part of a structure is to be replaced or reconstructed, such activity may be exempt under Class 1(a) or (d). 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)). Also included are additions of new decks, where they are not accessory structures covered under Class 3(e), and enclosures of existing decks or patios. (e) Additions to existing structures provided that the addition will not result in an increase of more than: (3) A store, motel, office, restaurant, and similar small commercial structure if designed for an occupant load of 30 persons or less. CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL RESOURCES. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. In addition to such work on public structures and facilities, this item includes nearly all private work resulting from code enforcement and inspections and areawide rehabilitation programs, including loan programs to bring an area up to code. Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. (a) The management plan for the park has not been prepared, or Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: 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 . Kountz was driving a 2013 Kenworth tanker truck westbound on Highway 20 east of . December 30, 2022. 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. (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. Section 15304 - Minor Alterations to Land . 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)). Replacement of stairways using similar materials. If a project is not statutorily exempt and a categorical exemption does not apply, it may qualify for the common sense exemption (CEQA Guidelines 15061(b)(3)). (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. 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 . (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). (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. f. Historical Resources. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the Minor temporary uses of land are exempt under Classes 4(e) and 11(c). (626) 588-5317 If Filed by Applicant: Minor extension of roadways within the Port of San Francisco container terminals. 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. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. (g) The project will not cause violations of applicable state or federal water quality standards. Categorical Exemption Type, Section or Code. Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. 15300.2. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. The utility extensions may serve a number of new structures built separately. The project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. This Class ordinarily will not apply in the City and County of San Francisco. 16. There are currently 33 different categorical exemption classes, including the Class 32 Infill Development Exemption. (j) Fish stocking by the California Department of Fish and Game. 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. Common Sense Exemption. 15304: Minor alterations to land . California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. (a) On-premise signs. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . 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. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. 3. This exemption does not cover expansions in use or capacity of the facility to be replaced or reconstructed. 15. 13. 1. (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. Holiday decorations. Much of the work included under this item and others in this Class is ministerial in the case of private structures and facilities and is therefore not subject to 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). Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? This item will seldom apply in the City and County of San Francisco. 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. Street openings for the purpose of work under this item are included in this item. (b) Any of the following conditions exist: Changes of use are also included if the occupancy of the new use would not exceed the equivalent occupancy of the former use plus an addition to the former use, as exempted under Class 1(e). It's free to sign up and bid on jobs. 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 Note that the limitation on size and number of facilities is different for different categories of uses. Article 19. Work under this Class may be related to the construction and reconstruction included in Classes 2, 3, 11, and 14. {CEQA) under CEQA Guideline Section 15304 Minor Alterations to Land, because the project involves the removal of vegetation for the purpose of fuel management. NOE filed . Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. 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. (1) Rate and volume of flow, Fresno. A project that would ordinarily be insignificant in its impact on the environment may, in a particularly sensitive or hazardous area, be significant. e. Hazardous Waste Sites. day statute of limitations for this CEQA exemption shall apply if no Notice of Exemption is filed. (i) Construction of interim or emergency ground water treatment systems; 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. 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. 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. Addition of dwelling units within an existing building is included in this item. . 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). Note that this Class concerns one single-family residence. Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. Amending the San Francisco General Plan to include a parcel in the Recreation and Open Space Plan is not categorically exempt. 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. Certain work for protection of health and safety is excluded from CEQA as emergency projects. (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. 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. Movement of trees in planter boxes is not deemed to be tree removal or installation. 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. This is a form of subdivision involving no new construction. 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. (2) Result in no noticeable increase in noise to nearby residential structures, CLASS 22: EDUCATIONAL OR TRAINING PROGRAMS INVOLVING NO PHYSICAL CHANGES. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. 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. 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). (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. Permits for private filling of this kind are ministerial and are therefore not subject to CEQA. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . (2) 10,000 square feet if: 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. Uses under this item include: This item applies only to property owned by the City and County of San Francisco outside its borders. 6. Where grading is done for construction of a building exempted by Class 3, and is covered by the construction permit, such grading is exempt under that Class even if on a slope of 10 percent or more. (d) Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding. 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 . Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. 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 Class applies only to land that is presently in its natural condition and/or contains historic or archaeological sites. (b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. . 15300.3 - Revisions to List of Categorical Exemptions 15300.4 - Application by Public Agencies 15301 - Existing Facilities 15302 - Replacement or Reconstruction 15303 - New Construction or Conversion of Small Structures 15304 - Minor Alterations to Land 15305 - Minor Alterations in Land Use Limitations 9. 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