ceqa categorical exemptions 15304

(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; (State CEQA Guidelines 15300.2) Temporary uses and structures may also be exempt under Class 4(e). If grading is part of a larger project requiring environmental review, the grading will be considered as part of such project, regardless of slope. 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. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. Categorically Exempt. Certain new structures and facilities, and expansions, are covered by subsequent Classes. (b) Operation of the generating facilities will not change the flow regime in the affected stream, canal, or pipeline including but not limited to: Search for jobs related to Ceqa categorical exemptions 15303 or hire on the world's largest freelancing marketplace with 20m+ jobs. 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. 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. In St. Ignatius Neighborhood Assn. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. (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. "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. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. (f) Minor trenching and backfilling where the surface is restored. Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . CLASS 25: TRANSFERS OF OWNERSHIP OF INTEREST IN LAND TO PRESERVE EXISTING NATURAL CONDITIONS. Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. (f) Application of dust suppressants or dust binders to surface soils; It includes one of any kind of dwelling unit. This item covers only the granting of lot line adjustments and variances, not construction that could occur as a result of such approvals. This is a form of subdivision involving no new construction. Unsubscribe at any time. e. Hazardous Waste Sites. (B) The area in which the project is located is not environmentally sensitive. 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. 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. 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. Continue Reading. 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. 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 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. (a) The management plan for the park has not been prepared, or Fire Department permits: public fireworks display, tent. 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. Federal Assistance. Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: 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. Movement of trees in planter boxes is not deemed to be tree removal or installation. (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. 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. 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. (3) A store, motel, office, restaurant, and similar small commercial structure if designed for an occupant load of 30 persons or less. Categorical Exemptions: Article 19. 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. Operations of facilities in this Class are of an on-going nature. This class also includes maintenance and repair of pier aprons, piers, boat ramps, and other pile-supported structures in areas that are not environmentally sensitive. (a) One single-family residence, or a second dwelling unit in a residential zone. 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. proposed project is also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(f) - Minor Alterations to Land. 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. As a general rule, such replacements will not involve any increase in size of a structure or facility. Addition and removal of trees and other plant materials on private property does not require a permit. Street openings for the purpose of work under this item are included in this Class. CLASS 26: ACQUISITION OF HOUSING FOR HOUSING ASSISTANCE PROGRAMS. This Class applies only to land that is presently in its natural condition and/or contains historic or archaeological sites. (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. Major Development Agreements and Projects, Historic Preservation Commission Hearings. (4) Shall include the provision of adequate employee and visitor parking facilities. 2. 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. 14. Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. CEQA Exemptions. (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. (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. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . Every proposed project requires some level of environmental review pursuant to CEQA, unless an exemption applies. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. v. City & County of San Francisco (Nov. 18, 2022, A164629) . In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. Covered by the . 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". This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. 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: 9. 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. Accessory structures for any residential structures and for some new non-residential structures are exempt under Class 3(e). Accessory structures for existing nonresidential structures are covered by Class 11. 15304: Minor alterations to land . 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. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). Pursuant to CEQA Guidelines Section 15062, a 35day statute of limitations for this CEQA exemption - shall apply from the date a Notice of Exemption is posted with the San Diego County Clerk, or a 180- (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. 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. (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. (1) Meet all the criteria described in Subsection (a), The Secretary for Resources has found that the classes of projects listed in Article 19 . District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. Information on how transportation impacts are analyzed under CEQA. (e) There will be no significant upstream or downstream passage of fish affected by the project. A categorical exemption cannot be used for a project that may cause a substantial adverse change in the significance of a historical resource. (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 CEQA Categorical Exemption Summary . (Creation of bicycle lanes is covered under Class 4(h) below.) Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. In such cases any special permit for grading will not be reviewed separately. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. Projects as proposed may not be approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the project's significant environmental impacts (Public Resources Code 21002). Conversion of a single-family dwelling to office use is covered under item (n) below. 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. Cleaning and other maintenance of all facilities. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. 15300. Certain work for protection of health and safety is excluded from CEQA as emergency projects. or threatened plant or animal species or significant erosion and sedimentation of surface waters.This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection . . (c) Merger with a city of a district lying entirely within the boundaries of the city. ther, staff has determined that there is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel. 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. . (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. Key resources for understanding and implementing CEQA. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. This item will seldom apply in the City and County of San Francisco. 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). 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. Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. This document is not available on Westlaw. (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines; or (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. The term "dwelling unit" or "residential structure" shall also include live/work or loft-style housing units. (b) Changes in the grade structure in a school which do not result in changes in student transportation. Categorical Exemptions . Motels and commercial structures are covered in Class 3(c) below. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. Class 25 includes open space acquisition in some special circumstances. SB 35 requires . (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: In urbanized areas, this exemption applies to duplexes and similar structures where no more than six dwelling units will be demolished. The amendment and 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 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. (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or CLASS 17: OPEN SPACE CONTRACTS OR EASEMENTS. 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. Categorical Exclusions. Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: Consideration should be given to categorical exemptions (continue to step II B). (a) The capacity of the generating facilities is five megawatts or less, 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. 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. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. Water supply reservoirs under this item supplement the water systems under Class 1(b) above. Class 21 consists of: tit. This Class is applicable mainly to property owned by the City and County of San Francisco outside its borders, but may include natural shorelines and undeveloped natural areas. These utilities are exempt if they are to serve any construction or use included in this Class. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. 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