(m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. Construction activities are not included in this exemption. Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: This section is limited to dwelling units and to no more than one building even when the number of units in two or more buildings totals less than six. These utilities are exempt if they are to serve any construction or use included in this Class. & 15304 Minor Alterations to Land. Class 26 consists of actions by a redevelopment agency, housing authority, or other public agency to implement an adopted Housing Assistance Plan by acquiring an interest in housing units. (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. Holiday decorations. Projects may have a statutory exemption, created by the legislature, or a categorical exemption, which refers to exemptions established by regulators. Such maintenance pertains primarily to existing landscaping, but when combined with Classes 2 and 4(b), this item includes replacement with similar landscaping. 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). Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. In many cases more than one item in the Class will apply to the same project. CEQA Categorical Exemption Summary . 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. 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. (a) Annexations to a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities. This Class is rarely applicable to activities of the City and County of San Francisco. e. Hazardous Waste Sites. 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. 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". 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 . CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL RESOURCES. 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. 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. (Pub. (2) Temperature, (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. The amendment and 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. There are two sets of exemptions under CEQA - Categorical and Statutory. 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 definition of individual small structures under this Class is similar to but not exactly the same as that found under Class 3, below. Resurfacing and patching of streets. (1) One single-family residence. 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. . (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. 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: 11. (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 - Information Collection. Removal of dead, seriously damaged, and incurably diseased trees is exempt under this Class. 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. 15300.1. Section 15304, Minor Alterations to Land Reasons for Exemption . 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). If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. It includes one of any kind of dwelling unit. Note that the limitation on size and number of facilities is different for different categories of uses. Continue Reading. 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. (b) The management plan proposes to keep the area in a natural condition or preserve the historical or archaeological resources. As a general rule, such replacements will not involve any increase in size of a structure or facility. Class 31 consists of projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer. Development of parks and open space on undeveloped streets within Port of San Francisco jurisdiction would be included in this item. (e) Additions to existing structures provided that the addition will not result in an increase of more than: 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. Changes of use are included if the new use, as compared with the former use, would first be permitted as a principal or conditional use either in any equally restrictive or more restrictive zoning district as defined in the City Planning Code. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. Class 18 consists of the designation of wilderness areas under the California Wilderness System. This item is deemed to include both new construction and changes of use of all retail, service, and office uses of the types permitted in C-1 and C-2 zoning districts, within the size limitations stated. Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. There is no substantial evidence that there are any "unusual circumstances" associated with . CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. 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. (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. (k) Division of existing multiple-family or single-family residences into common-interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt. Major Development Agreements and Projects, Historic Preservation Commission Hearings. The key consideration is whether the project involves negligible or no expansion of an existing use. Planning staff evaluated all the potential exceptions to the use of Categorical Exemptions for the proposed Project (in accordance with CEQA Guidelines Section 15300.2) and determined that none of these exemptions apply as explained below: Cumulative Impact -"All exemptions for these classes are inapplicable when the cumulative This Class is applicable to property owned by the City and County of San Francisco outside its borders. (b) Examples of Class 27 include, but are not limited to: By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. 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. (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. Historical Resources. 17. CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. proposed project is also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(f) - Minor Alterations to Land. 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). 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. 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. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. Addition of dwelling units within an existing building is included in this item. New construction and changes of use of industrial uses are also included when 10,000 square feet or less. All work on sidewalks, curbs and gutters without changes in curb lines, including lowering of curbs for driveways, and additions of sidewalk bulbs when not in conjunction with a program for extensive replacement or installation. Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. This item is applicable where there would be no changes in street capacity significantly affecting the level of service. This item should not be used for code-mandated changes exempted under Class 1(d). (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Read Section 15304 - Minor . Landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. This item is applicable to many instances of proposed school and hospital replacement and reconstruction in San Francisco. Setback variances include both front and rear yard variances and modification or abolition of legislated setback lines. Transportation SB 743. (c) Reversion to acreage in accordance with the Subdivision Map Act. (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. . (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. 1. Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. In the downtown area, parking lots of up to approximately 50 parking spaces are considered small and are therefore exempt. 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. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. If grading is part of a larger project requiring environmental review, the grading will be considered as part of such project, regardless of slope. 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. CEQA Guidelines. The Director of CDFW has concurred with the lead agency determination by the California Natural Resources Agency that the Bombay Beach Wetland Enhancement Project (PDF) (opens in new tab) qualifies as a statutorily exempt restoration project under the California Environmental Quality Act (CEQA). This Class includes: Addition and removal of trees and other plant materials on private property does not require a permit. will also consider a finding of Categorical Exemption in accordance with Section 15301 (Existing Facilities); Section 15304(e) (Minor Alterations to Land); Section 15311 (Accessory Structures); Section 15323 (Normal Operations of Facilities for Public Gatherings) of the California Environmental 8. 9. 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. This Class ordinarily will not apply in the City and County of San Francisco. Lighting in parks and playgrounds and around buildings may be regarded as a safety or health protection device under this item, provided such lighting does not produce excessive glare. 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 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. 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): Street openings for the purpose of work under this item are included in this item. Designation of landmarks and historic districts, and other such preservation efforts. 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). Installation and replacement of guide rails and rockfall barriers. It is permissible to restore or rehabilitate a structure to prevent seismic damage under this item, except in the case of a historical resource. To be exempt under this section, the proposed use of the facility: (2) Comply with all applicable state, federal, and local air quality laws. The Secretary of the California Resources Agency has determined that the projects in these classes do not have significant effect on the environment, and therefore are categorically exempt from CEQA.