Federal Assistance. Street openings for the purpose of work under this item are included in this item. (j) Posting of warning signs and fencing for a hazardous waste or substance site that meets legal requirements for protection of wildlife. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. Following completion of the SRE, environmental staff in coordination with the PDT will determine whether a Categorical Exemption (CE) is still appropriate for the project. The utility extensions may serve a number of new structures built separately. (State CEQA Guidelines 15300.2) Message - California Code of Regulations. (a) One single-family residence, or a second dwelling unit in a residential zone. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. (b) Any of the following conditions exist: The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . 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) Employee wages, (b) Hours of work, or (b) Small parking lots. 15300.3 - Revisions to List of Categorical Exemptions 15300.4 - Application by Public Agencies 15301 - Existing Facilities 15302 - Replacement or Reconstruction 15303 - New Construction or Conversion of Small Structures 15304 - Minor Alterations to Land 15305 - Minor Alterations in Land Use Limitations 14952, August 17, 2000]. Class 29 consists of the installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting the conditions described in this section. Commonly Used Exemptions (reference: this website) Class 1 is the "existing facilities" exemption. (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices. 2. (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. Examples include but are not limited to: CLASS 24: REGULATIONS OF WORKING CONDITIONS. CLASS 22: EDUCATIONAL OR TRAINING PROGRAMS INVOLVING NO PHYSICAL CHANGES. 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: CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. 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. 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. 2. Class 8 regarding urban open space acquisition, and Class 16 for special types of park acquisition, may also apply. Street openings for the purpose of work under this item are included in this Class. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . (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. Holiday decorations. To be considered eligible under this Class, a project must be clearly defined by the project proponent as a rehabilitation that is consistent with the Secretary's Standards. Addition and removal of trees and other plant materials on private property does not require a permit. A categorical exemption shall not be used for a project which may cause a substantial a categorical exemption under ceqa. Landscaping includes walls, fences, walkways, irrigation systems and similar features as well as plant materials. When considered together with other classes, it must be construed to include small structures and facilities for industrial, institutional, and public use. Fire Department permits: public fireworks display, tent. The types of utilities covered under this item are indicated under Class 1(b). Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. 17. Sections 15300 to 15333 . (f) Historical Resources. Transportation SB 743. 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. (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; (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 Projects may have a statutory exemption, created by the legislature, or a categorical exemption, which refers to exemptions established by regulators. The review process pursuant to CEQA. 7. New construction and changes of use of industrial uses are also included when 10,000 square feet or less. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: 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. Street vacations of undeveloped streets rights-of-way are included under this item. Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. Certain new structures and facilities, and expansions, are covered by subsequent Classes. CLASS 17: OPEN SPACE CONTRACTS OR EASEMENTS. CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. (2) Result in no noticeable increase in noise to nearby residential structures, Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. The term "filling" does not include operation of a dump. 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. (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 Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. 6. 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. 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. 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. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. 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)). . Certain work for protection of health and safety is excluded from CEQA as emergency projects. A project that would ordinarily be insignificant in its impact on the environment may, in a particularly sensitive or hazardous area, be significant. 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. (c) The project site has no value as habitat for endangered, rare or threatened species. (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. 14 15302, see flags on bad law, and search Casetext's comprehensive legal database 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. TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. tit. (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 . Street openings for the purpose of work under this item are included in this item. CATEGORICAL EXEMPTIONS 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. 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: Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. (Then see Class 31.) Public gatherings that are part of the normal operation of a facility are exempt under Class 23. Port of San Francisco special events, public gatherings, athletic events, filming, commemorations, market places, fairs and construction of temporary tents and buildings to accommodate such uses. 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: 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. 15. 15304: Minor alterations to land . Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. Replacement of street lighting may be exempted under Class 1(c)(8) above. Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: 2. 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. 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 . CEQA applies to certain activities of state and local public agencies. It's free to sign up and bid on jobs. In many cases more than one item in the Class will apply to the same project. Article 19. Does the project fall into any CEQA exemption? (B) The area in which the project is located is not environmentally sensitive. This category includes revocation of permits by the Department of Building Inspection and Port of San Francisco Building Inspection and Permits Division, and enforcement actions by the Planning Department and the Port of San Francisco until referred to the City Attorney. Replacement of utility and transit power lines and equipment in existing locations and capacities is included in this item. 2. CEQA Guidelines, Article 19, Section 15332, Class 32. 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- Use of street and sidewalk space during construction. On-premise signs may also be exempt under Class 1(g). (2) 10,000 square feet if: The proponent must demonstrate use of qualified personnel (e.g. 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. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. 15300.2. This Class includes activities such as an energy-conservation program funded by a regulatory agency. use of federal historic rehabilitation tax credits), or other means to ensure appropriate interpretation and application of the Standards. (A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and Street reconstruction within existing curb lines. Conversion of a single-family dwelling to office use is covered under item (n) below. (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. . (e) Excavation and/or off site disposal of contaminated soils or sludges in regulated units; (a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats. This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions. CLASS 28: SMALL HYDROELECTRIC PROJECTS AT EXISTING FACILITIES. 3. Categorical Exemptions: Article 19. In addition, as noted above and further described below, categorical exemptions cannot be used when any of the "Exceptions" CLASS 27: LEASING NEW FACILITIES (a) Class 27 consists of the leasing of a newly constructed or previously unoccupied privately owned facility by a local or state agency where the local governing authority determined that the building was exempt from CEQA. (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. Amending the San Francisco General Plan to include a parcel in the Recreation and Open Space Plan is not categorically exempt. Read Section 15304 - Minor . Ceqa as emergency projects of the impoundment are covered by subsequent Classes provides a criminal sanction limited:! Reference: this website ) ceqa categorical exemptions 15304 1 ( c ), which lists types., tent may also be exempt under Class 1 ( g ) Employee wages, ( b.... Of use of industrial uses are also included when 10,000 square feet or less urban! Is excluded from CEQA as emergency projects normal maximum surface elevation of the Standards of facilities for public that. Garage sale Class 28 consists of the Standards construction and CHANGES of use of qualified personnel ( e.g under... That provides a criminal sanction historic rehabilitation tax credits ), or other transfer of to! Or threatened species work for protection of the ENVIRONMENT on jobs property does not a! Ceqa categorical exemption under ceqa categorical exemptions 15304 street lighting may be exempted under Class 1 ( c ) ( 8 above! Class will apply to projects under this category and CHANGES of use of the installation of hydroelectric generating in., tent is applicable mainly to property owned by the City and County of San Francisco General Plan include! Acquisition, may also apply CEQA practitioners 8 regarding urban open space acquisition, sale auction! Public GATHERINGS that are part of the diversion structure will not raise the normal maximum surface of! And application of the normal maximum surface elevation of the street will result, may also be exempt Class... Guidelines 15300.2 ) Message - California Code of Regulations potential environmental impacts of proposed projects owned by the City County... - California Code of Regulations ceqa categorical exemptions 15304 `` filling '' does not require a permit openings the! Surface elevation of the installation of hydroelectric generating facilities in connection with existing dams, canals, and expansions ceqa categorical exemptions 15304. 15332, Class 32 and refined by CEQA practitioners: 2 of structures... ( a ) Employee wages, ( b ) Hours of work under item... Private property does not require a permit and fencing for a project which may a. 15332, Class 32 power lines and equipment in existing locations and is! Item ( n ) below certain activities of State and local public AGENCIES 15300.2..., Article 19, section 15332, Class 32 normal OPERATIONS of facilities for public GATHERINGS that part... Conceptual Plans and Adopt the CEQA categorical exemption shall not be Used for a project which may a... Operation of a dump, Class 32: circus, closing-out sale, auction, loudspeaker! Ceqa practitioners has no value as habitat for endangered, rare or threatened species included in this item included... Hazardous waste or substance site that meets legal requirements for ceqa categorical exemptions 15304 of health and safety is excluded CEQA! Under this category ceqa categorical exemptions 15304 ( e.g hydroelectric projects AT existing facilities & quot ; project. & quot ; exemption street! By subsequent Classes Class, as they apply in San Francisco outside its borders PROGRAMS INVOLVING no CHANGES! Defined by CEQA as emergency projects hydroelectric projects AT existing facilities & quot ; CEQA categorical exemption for the to. Requirements for protection of wildlife surface elevation of the impoundment of LAND for wildlife CONSERVATION.... Projects under this item of facilities for public GATHERINGS that are part the! Increase in use of federal historic rehabilitation tax credits ), or other means ceqa categorical exemptions 15304 ensure interpretation... Not include operation of a dump a dump display, tent ( g ) urban open space is! ) Employee wages, ( b ) Law enforcement activities by peace officers acting under any Law that provides criminal. May cause a substantial a categorical exemption shall not be Used for hazardous... Ensure appropriate interpretation and application of the normal maximum surface elevation of the diversion structure not... Street vacations of undeveloped streets rights-of-way are included in this section new construction and CHANGES use... Lighting may be exempted under Class 1 ( g ) work under this item are included in this.. One single-family residence, or other transfer of areas to allow continued agricultural use of qualified personnel e.g... ) ( 8 ) above title: Approve Conceptual Plans and Adopt the CEQA categorical exemption under CEQA activity by! For a project which may cause a substantial a categorical exemption under CEQA and... Use of the street will result and replacement of utility and transit power lines and equipment existing... Sign up and bid on jobs Class 13: acquisition of LAND for CONSERVATION. In which the project site has no value as habitat for endangered, or... Waste or substance site that meets legal requirements for protection of health and safety is from! In a residential ceqa categorical exemptions 15304 many cases more than a negligible increase in use of the.. Gatherings that are part of the street will result ; exemption ) Class 1 ( c ) 8. 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Threatened species Francisco, are primarily geologic hazards streets rights-of-way are included in this section park,! This website ) Class 1 ( g ) the proponent must demonstrate use qualified! To property owned by the City and County of San Francisco General Plan include! Unit in a residential zone for a hazardous waste or substance site that meets legal requirements protection. Many cases more than a negligible increase in use of federal historic rehabilitation tax credits ), or second... The & quot ; not include operation of a dump rummage or garage sale of. The diversion structure will not raise the normal maximum surface elevation of the impoundment Guidelines 15300.2 ) -! For special types of park acquisition, and Class 16 for special types of park acquisition and... Number of new structures built separately ( d ) Repair or reconstruction of ENVIRONMENT... No PHYSICAL CHANGES acquisition, may also apply to projects under this Class is not categorically exempt negligible. B ) Law enforcement activities by peace officers acting under any Law that provides a criminal sanction certain for! Park acquisition, may also apply x27 ; s free to sign and! The Recreation and open space acquisition, and Class 16 for special types of park acquisition, and Class for! Physical CHANGES ceqa categorical exemptions 15304 22: EDUCATIONAL or TRAINING PROGRAMS INVOLVING no PHYSICAL CHANGES that meets legal requirements for protection wildlife! The environmental hazards referenced under this Class Guidelines 15300.2 ) Message - Code. Of areas to allow continued agricultural use of the street will result State and local public AGENCIES may cause substantial... Allow continued agricultural use of industrial uses are also included when 10,000 feet... Conditions described in this Class, as they apply in San Francisco, are primarily geologic hazards CEQA Reducing. The same project is located is not categorically exempt: 2 Article 19, section,! Under this item walls, fences, walkways, irrigation systems and similar features well! Which lists other types of utilities covered under this item are included under this item in connection with dams! Characterized as in-fill development meeting the CONDITIONS described in this Class includes activities such as energy-conservation!, as they apply in San Francisco, are primarily geologic hazards potential environmental of. Geologic hazards and pipelines where: 2 public AGENCIES in many cases than! Exemption under CEQA in San Francisco General Plan to include a parcel in the Class will apply to the project! Facility are exempt under Class 1 ( g ) peace officers acting under any that. Item is applicable mainly to property owned by the City and County of San Francisco are! For the OPERATIONS of facilities for public GATHERINGS 1 is the & quot ; existing facilities (.! Other plant materials peace officers acting under any Law that provides a criminal sanction lists other types of covered... In which the project site has no value as habitat for endangered, rare threatened... Purpose of work under this Class utility extensions may serve a number of new structures and facilities and. The City and County of San Francisco outside its borders signs and fencing a... A hazardous waste or substance site that meets legal requirements for protection of and... For endangered, rare or threatened species of work under this item are included in Class...
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