There are two sets of exemptions under CEQA - Categorical and Statutory. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. Major Development Agreements and Projects, Historic Preservation Commission Hearings. Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. A categorical exemption cannot be used for a project that may cause a substantial adverse change in the significance of a historical resource. The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. 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 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. G 15183 - Projects . 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. e. Hazardous Waste Sites. (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. Unlike statutory exemptions, categorical exemptions are not allowed to be used for projects that may cause a substantial adverse change in the significance of an historical resource (14 CCR Section 15300.2(f)). Class 8 regarding urban open space acquisition, and Class 16 for special types of park acquisition, may also apply. 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. (h) Pumping of leaking ponds into an enclosed container; 1. This exemption does not cover expansions in use or capacity of the facility to be replaced or reconstructed. (Guidelines . This item is not applicable to activities of the City and County of San Francisco. School additions are further covered by Class 14. 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 does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.) 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. Replacement of existing drainage facilities. 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): Installation and removal of parking meters. This exemption, when applicable, shall apply among other things to the issuance of permits by the Central Permit Bureau; the Police, Fire, Public Health, and Social Services Departments; and the Port of San Francisco Building Inspection and Permits Division. This is a form of subdivision involving no new construction. Sections 15301(h) and 15304(b) of California CEQA Guidelines Priya Macwan Management Assistant, , Special Operations Branch, presented Board Report No. Executive Order 12372 and federal grant resources. Such activities are primarily non-physical in the City and County of San Francisco, although they may lead to physical activities such as rehabilitation, which may be covered under Classes 1 or 2. Uses under this item include: The definition of individual small structures under this Class is similar to but not exactly the same as that found under Class 3, below. The types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. Code Regs. CEQA applies to certain activities of state and local public agencies. Use of street and sidewalk space during construction. The utility extensions may serve a number of new structures built separately. (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. Acquisition of urban open space. (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. 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. Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. 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. Street vacations of undeveloped streets rights-of-way are included under this item. A project that would ordinarily be insignificant in its impact on the environment may, in a particularly sensitive or hazardous area, be significant. This Class applies only to land that is presently in its natural condition and/or contains historic or archaeological sites. 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. In a partially published opinion in Save Lafayette v.City of Lafayette (2022) 85 Cal.App.5th 842, the First District Court of Appeal upheld approval of an affordable housing project in the face of the third in a series of lawsuits filed by a citizens group against it.The Court held that the applicant could resume processing of its application after several years pursuing an alternative . categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). 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. (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. Class 14 consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less. 14 15302, see flags on bad law, and search Casetext's comprehensive legal database 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. CLASS 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. [Revised and Adopted by the San Francisco Planning Commission Resolution No. 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 City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). CEQA Guidelines. (2) A duplex or similar multifamily residential structure. 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. NO: Preliminary CEQA analysis is required Also included are additions of new decks, where they are not accessory structures covered under Class 3(e), and enclosures of existing decks or patios. Class 18 consists of the designation of wilderness areas under the California Wilderness System. For all categorical exemptions, it is the responsibility of the Lead Agency to demonstrate and determine that the proposed action falls within an exempt category, and support this determination with factual evidence. 23-017. (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel. An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 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. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). a preservation architect), a process/procedure (e.g. Notations of authority cited within the CEQA guidelines. . Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. Attachments. 2023010286 - 2023-01-13 - NOE - Sonic 2116-Beech-COExitCx. Projects that are not excluded, and are also not categorically exempt according to the following list, are covered by CEQA and require preparation of an initial study or an environmental impact report. Information on how transportation impacts are analyzed under CEQA. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. 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. On-premise signs may also be exempt under Class 1(g). (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. 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. Space, habitat, or historical Resources transfers of ownership of interests in land in order preserve... Where a structure is a form of subdivision involving no new construction consists of the facility to replaced... As Interior partitions, plumbing, and class 16 for special types of park acquisition, sale, or transfer... And County of San Francisco Planning Commission Resolution no the state Department of Fish and Game the transfers ownership. 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