ceqa categorical exemptions 15304

The following exceptions, however, are noted in the State Guidelines. 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. (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, (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. Replacement of existing drainage facilities. 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. NO: Preliminary CEQA analysis is required (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. (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. 6. (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. Code Regs. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. Note that this Class concerns one single-family residence. 2. Class 10 includes but is not limited to the following examples: NOE filed . Minor encroachments are encroachments on public streets, alleys, and plazas. (Creation of bicycle lanes is covered under Class 4(h) below.) Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . This Class is applicable to property owned by the City and County of San Francisco outside its borders. use of federal historic rehabilitation tax credits), or other means to ensure appropriate interpretation and application of the Standards. School additions are further covered by Class 14. (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. 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. Uses under this item include: 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. (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 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. (f) Minor trenching and backfilling where the surface is restored. to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 - Information Collection. is diane wells still married to rick bragg . (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. (2) 10,000 square feet if: 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. G 15182 - Residential Projects Pursuant to a Specific Plan. Section 15304 - Minor Alterations to Land . 2. Does the project fall into any CEQA exemption? Siting of the replacement structure(s) may not result in land alterations other than those necessary to remove the old structure(s) and to provide new foundations in compliance with present building and seismic safety codes. G 15183 - Projects . 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. 3. 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. Installation of security fencing and gates. Development of parks and open space on undeveloped streets within Port of San Francisco jurisdiction would be included in this item. tit. Notice of Exemption. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. This Class includes activities such as an energy-conservation program funded by a regulatory agency. * CLASS 5: MINOR ALTERATIONS IN LAND USE LIMITATIONS. 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. This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. Categorical Exemption. (a) Actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. Designation of landmarks and historic districts, and other such preservation efforts. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. A categorical exemption shall not be used for a project which may cause a substantial (g) New copy on existing on- and off-premise signs. 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). 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. Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. (4) Timing of release. Categorical Exemption. Street openings for the purpose of work under this item are included in this item. 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. 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: (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; (2) Result in no noticeable increase in noise to nearby residential structures, 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. There is no substantial evidence that there are any "unusual circumstances" associated with . 5. 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. (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. (2) Leasing of client service offices in newly constructed retail space. Development of an urban park following acquisition may also be exempt under Class 4(b). CLASS 18: DESIGNATION OF WILDERNESS AREAS. A. . (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. This item is applicable to many instances of proposed school and hospital replacement and reconstruction in San Francisco. Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. 6. Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. Class 18 consists of the designation of wilderness areas under the California Wilderness System. December 30, 2022. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. The Court then evaluated whether operation of a landfill, or a portion of the operation, was more properly described as operation of a facility or as a minor alteration in the condition of land under the Class 4 categorical exemption (CEQA Guidelines, 15304). bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). 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) 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. The utilities systems covered include, in addition to those named above, telephone, radio, television, alarms and signals, other communications, water, and electricity for transit vehicles and street lights. Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). 15304: Minor alterations to land . 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: CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL RESOURCES. 11. 5. 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. Certain new structures and facilities, and expansions, are covered by subsequent Classes. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . 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