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. 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: Replacement of existing drainage facilities. Categorical Section 15304 Class 4 (b) County CEQA Guidelines Categorical Exemption Class 1 (j) County CEQA Guidelines Categorical Exemption Class 3 (a) County CEQA Guidelines Categorical Exemption Class 4 (c) Reasons why project is exempt: The project is consistent with State Guidelines for the implementation of CEQA. Landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. Certain utilities under the jurisdiction of the State Public Utilities Commission are not subject to local control and therefore do not require local environmental review. Read Section 15302 - Replacement or Reconstruction, Cal. 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. (h) The creation of bicycle lanes on existing rights-of-way. The utility extensions may serve a number of new structures built separately. Attachments. (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. These utilities are exempt if they are to serve any construction or use included in this Class. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . 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. 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. Projects covered under this category that involve the transfer of ownership of interest in land may also be exempt under Class 25. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. (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. This Class is rarely applicable to activities of the City and County of San Francisco. 1. (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. (2) Temperature, (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. (b) Changes in the grade structure in a school which do not result in changes in student transportation. (a) The management plan for the park has not been prepared, or This exemption shall also apply to leases and concessions of all departments, boards, and commissions. exempt from the california environmental quality act pursuant to ceqa guidelines sections 15301(c) (existing facilities), 15303 (new construction or conversion of small structures), 15304(h) (minor alterations to land), and 15311 (accessory structures); and that none of the exceptions to the exemptions found in ceqa guidelines section 15300.2 . Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. (Creation of bicycle lanes is covered under Class 4(h) below.) Search for jobs related to Ceqa categorical exemptions 15303 or hire on the world's largest freelancing marketplace with 20m+ jobs. CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. 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. 2. G 15183 - Projects . 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)). This item is applicable where there would be no changes in street capacity significantly affecting the level of service. CLASS 18: DESIGNATION OF WILDERNESS AREAS. 2. Categorical Exemptions. 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. Development of pedestrian plazas or arcades in public rights-of-way when existing vehicular traffic will not be affected. (e) Excavation and/or off site disposal of contaminated soils or sludges in regulated units; 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. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. 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: (c) Working conditions where there will be no demonstrable physical changes outside the place of work. (b) Examples of Class 27 include, but are not limited to: There is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed . Historical Resources. Commonly Used Exemptions (reference: this website) Class 1 is the "existing facilities" exemption. Federal Assistance. 12. CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. (e) There will be no significant upstream or downstream passage of fish affected by the project. Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines; or CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. Note that new installations, as opposed to replacements, are not covered by this item. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. Addition of dwelling units within an existing building is included in this item. Article 19. Categorical Exemption Type, Section or Code. 2. Categorical Exemption: 21084 . Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? (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). (Pub. 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). Examples of such minor cleanup actions include but are not limited to: Conversion of a single-family dwelling to office use is covered under item (n) below. Categorical Exemptions SECTIONS 15300 TO 15332 15300. Acquisition of urban open space. Unsubscribe at any time. 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. * CLASS 5: MINOR ALTERATIONS IN LAND USE LIMITATIONS. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . 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. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. 4. Removal of dead, seriously damaged, and incurably diseased trees is exempt under this Class. Section 15304(h) "The creation of bicycle lanes on existing rights-of-way." . 1. 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. 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. The Secretary for Resources has found that the classes of projects listed in Article 19 . CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. This document is not available on Westlaw. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. The addition of portable classrooms is included in this exemption. When considered together with other classes, it must be construed to include small structures and facilities for industrial, institutional, and public use. CLASS 25: TRANSFERS OF OWNERSHIP OF INTEREST IN LAND TO PRESERVE EXISTING NATURAL CONDITIONS. 14 15302, see flags on bad law, and search Casetext's comprehensive legal database (c) Merger with a city of a district lying entirely within the boundaries of the city. 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. (b) Issuance of minor encroachment permits. 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. Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. This Class, as a whole, includes a wide range of activities concerning existing structures and facilities. (f) Application of dust suppressants or dust binders to surface soils; (a) The capacity of the generating facilities is five megawatts or less, According to CEQA Guidelines section 15304, Class 4 categorical exemptions are as follows: "Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve . Development of an urban park following acquisition may also be exempt under Class 4(b). If grading is part of a larger project requiring environmental review, the grading will be considered as part of such project, regardless of slope. (j) Fish stocking by the California Department of Fish and Game. Provide your email address to sign up for news or other topics of interest. 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. Categorical exemptions are authorized by section 21084, subdivision (a), which states: The City's determination regarding the CEQA exemption was "an aspect of the People's business" and had to be appropriately included as an item on the City council agenda. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. Accessory structures for existing nonresidential structures are covered by Class 11. (This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.) This Class ordinarily will not apply in the City and County of San Francisco. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Lead Agency Contact Person: Jui Ing Chien (Area Code) Telephone/Ext. (b) Hours of work, or 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. It includes one of any kind of dwelling unit. 3. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. 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)). (a) Establishment of a subsidiary district. (2) A duplex or similar multifamily residential structure. (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. State type and section number: 15303 New Constr. 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