Categorical Exemptions . Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. Federal Assistance. CEQA Guidelines. Categorically Exempt. Note that this Class concerns one single-family residence. (2) Leasing of client service offices in newly constructed retail space. (h) The creation of bicycle lanes on existing rights-of-way. (Guidelines . CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. Class 21 consists of: District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). 15301 Class 1(c). California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. 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 . The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. (a) The property does not have significant values for wildlife habitat or other environmental purposes, and 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. (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. Lead Agency Contact Person: Jui Ing Chien (Area Code) Telephone/Ext. (b) Consolidation of two or more districts having identical powers. 11. {CEQA) under CEQA Guideline Section 15304 Minor Alterations to Land, because the project involves the removal of vegetation for the purpose of fuel management. Water mains are also an exception where the size increase is necessary to bring old mains up to the current minimum standard to serve existing development, or to provide adequate capacity for fire protection for such development. Class 18 consists of the designation of wilderness areas under the California Wilderness System. 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. Replacement of stairways using similar materials. 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. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. New construction and changes of use of industrial uses are also included when 10,000 square feet or less. Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: A categorical exemption shall not be used for a project which may cause a (2) Temperature, Examples include but are not limited to: 2. SB 35 requires . The "same site" shall be deemed to mean the same lot or lots as were occupied by the original structure(s). A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . The City Cannot Rely on a Categorical Exemption when mitigation measures are 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. f. Historical Resources. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . The addition of portable classrooms is included in this exemption. (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. 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. CLASS 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. There are no facts or circumstances specific to this project that would . (h) The project will not entail any construction on or alteration of a site included in or eligible for inclusion in the National Register of Historic Places, and There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. 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. 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. (n) Conversion of a single-family residence to office use. Temporary uses and structures may also be exempt under Class 4(e). 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. An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). Categorical exemptions are authorized by section 21084, subdivision (a), which states: Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . Sales of surplus land may be physical actions, but most such sales are exempt under this Class. 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. The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. 15. Street openings for the purpose of work under this item are included in this item. a categorical exemption under ceqa. CLASS 28: SMALL HYDROELECTRIC PROJECTS AT EXISTING FACILITIES. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. This is a form of subdivision involving no new construction. The term "filling" does not include operation of a dump. (a) The capacity of the generating facilities is five megawatts or less, 15304.) (a) The management plan for the park has not been prepared, or (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. This document is not available on Westlaw. 6. (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. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. (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. Where there is a reasonable possibility of a significant effect due to unusual circumstances surrounding the project, it is not exempt even if it clearly fits one of the categories. (b) Hours of work, or (a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. 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. Installation and replacement of guide rails and rockfall barriers. 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 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. (c) Acquisition, sale, or other transfer to allow restoration of natural conditions, including plant or animal habitats. . (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, CEQA Exemptions. (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. Major Development Agreements and Projects, Historic Preservation Commission Hearings. Setback variances include both front and rear yard variances and modification or abolition of legislated setback lines. Transportation SB 743. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. (l) Demolition and removal of individual small structures listed in this subsection; Accessory structures for existing nonresidential structures are covered by Class 11. v. City & County of San Francisco (Nov. 18, 2022, A164629) . Sections 15300 to 15333 . Acquisition of urban open space. Installation and removal of parking meters. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. Grading in connection with demolition is categorically exempt only as stated under Class 4. Accessory structures for any residential structures and for some new non-residential structures are exempt under Class 3(e). However, it normally cannot be accumulated together with the maximum work stated in those Classes in a single exempt project. (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. 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 . & 15304 Minor Alterations to Land. CEQA will apply when a management plan is proposed that will change the area from its natural condition or cause substantial adverse change in the significance of the historic or archaeological resource. 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. 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: Does the project fall into any CEQA exemption? This Class includes: G 15183 - Projects . 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 . (3) Shall not result in a traffic increase of greater than 10% of front access road capacity, and CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. 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). CEQA Categorical Exemption Summary . Landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. Class 16 consists of the acquisition, sale, or other transfer of land in order to establish a park where the land is in a natural condition or contains historical or archaeological resources and either: 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. (c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. (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. 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. This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. 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. (e) Acquisition, sale, or other transfer to preserve historical resources. 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. [Revised and Adopted by the San Francisco Planning Commission Resolution No. Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. A. . Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. CLASS 25: TRANSFERS OF OWNERSHIP OF INTEREST IN LAND TO PRESERVE EXISTING NATURAL CONDITIONS. . 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. 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. This item also covers accessory structures for new nonresidential structures included in this Class. NO: Preliminary CEQA analysis is required "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. Categorical Exemption Type, Section or 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. 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. 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. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. 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). As a general rule, such replacements will not involve any increase in size of a structure or facility. Minor encroachments are encroachments on public streets, alleys, and plazas. 6. Sections 15301(h) and 15304(b) of California CEQA Guidelines Priya Macwan Management Assistant, , Special Operations Branch, presented Board Report No. Class 22 consists of the adoption, alteration, or termination of educational or training programs which involve no physical alteration in the area affected or which involve physical changes only in the interior of existing school or training structures. This item should not be used for code-mandated changes exempted under Class 1(d). A categorical exemption cannot be used for a project that may cause a substantial adverse change in the significance of a historical resource. The South Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. Class 8 regarding urban open space acquisition, and Class 16 for special types of park acquisition, may also apply. Note that the limitation on size and numbers of facilities is different for different categories of uses. CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. Street reconstruction within existing curb lines. Accessory structures covered by this item may be either separate or attached to the main structure, although attached structures are also covered by Class 1(e) in many cases. (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. Permits for private filling of this kind are ministerial and are therefore not subject to CEQA. (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 . This item is not applicable to activities of the City and County of San Francisco. 5. Class 25 includes open space acquisition in some special circumstances. 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Or more districts having identical powers is included in this exemption filling of this kind ministerial. Having identical powers conservation efforts and projects, Historic Preservation Commission Hearings types of park acquisition sale. Districts having identical powers changes exempted under Class 23, if part of the facilities.
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