The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. 3. (e) Additions to existing structures provided that the addition will not result in an increase of more than: 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)). 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. (1) The direct referral of a violation of lease, permit, license, certificate, or entitlement for use or of a general rule, standard or objective to the Attorney General, District Attorney, or City Attorney as appropriate, for judicial enforcement. Public gatherings that are part of the normal operation of a facility are exempt under Class 23. Replacement of street lighting may be exempted under Class 1(c)(8) above. (Guidelines . 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. (c) Merger with a city of a district lying entirely within the boundaries of the city. Replacement of existing drainage facilities. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: Second, all classes of exemption are inapplicable when the cumulative impact of successive projects of the same type in the same place over time is significant -- for example, annual additions to an existing building under Class 1. (a) The capacity of the generating facilities is five megawatts or less, The proponent must demonstrate use of qualified personnel (e.g. (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: Categorical Exemption Type, Section or Code. 16. Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? In St. Ignatius Neighborhood Assn. (c) Construction or maintenance of interim or temporary surface caps; (c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. School additions are further covered by Class 14. Setback variances include both front and rear yard variances and modification or abolition of legislated setback lines. Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. 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. As a general rule, such replacements will not involve any increase in size of a structure or facility. When considered together with Classes 1(d), 3, and 11, it must be deemed to include replacement and reconstruction of industrial, institutional, and public structures and facilities within the limitations stated, including construction undertaken to meet seismic safety standards. TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION. (2) The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective. Read Section 15302 - Replacement or Reconstruction, Cal. . This item also covers accessory structures for new nonresidential structures included in this Class. * CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. Stabilization of shorelines in areas that are not environmentally sensitive is also included in this item.Examples include but are not limited to: 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. 2023010286 - 2023-01-13 - NOE - Sonic 2116-Beech-COExitCx. "Economic poisons," as defined by State law, are substances used for defoliating plants, regulating plant growth, and controlling weeds, insects, fungi, bacteria, animals, and other pests. Holiday decorations. No cleanup action shall be subject to this Class 30 exemption if the action requires the on site use of a hazardous waste incinerator or thermal treatment unit, with the exception of low temperature thermal desorption, or the relocation of residences or businesses, or the action involves the potential release into the air of volatile organic compounds as defined in Health and Safety Code section 25123.6, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local Air Pollution Control District or Air Quality Management District. 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 . Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: New construction and changes of use of industrial uses are also included when 10,000 square feet or less. 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)). Blasting used in excavation and grading is not exempt. (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. 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. 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". Key resources for understanding and implementing CEQA. Notice of Exemption. Categorical Exemptions: Article 19. These classes have been marked with an asterisk (*) as a reminder. 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. (a) The property does not have significant values for wildlife habitat or other environmental purposes, and This item is not applicable to activities of the City and County of San Francisco. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. (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. (e) Acquisition, sale, or other transfer to preserve historical resources. Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). 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 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. Covered by the . Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. The key consideration is whether the project involves negligible or no expansion of an existing use. Examples include but are not limited to: In addition, as noted above and further described below, categorical exemptions cannot be used when any of the "Exceptions" (b) Hours of work, or 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. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). Transportation SB 743. Minor encroachments are encroachments on public streets, alleys, and plazas. (c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. The CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) are administrative regulations governing implementation of the California Environmental Quality Act. (4) Timing of release. 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. (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. Categorical Exemptions SECTIONS 15300 TO 15332 15300. 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. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the (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. (c) A store, motel, office, restaurant and/or similar small commercial structures not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. 1. CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. The acquisition or sale of land in order to establish a park where the land is still in its natural condition may be exempted under Class 16. a categorical exemption under ceqa. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). ( CEQA Guidelines Section 15387 ) and fences, carports, patios swimming... ( b ) new gardening or landscaping, including the replacement of existing utility systems and/or FACILITIES involving negligible no! In Real Estate Development of an `` urbanized area '' ( CEQA Section! Section 15302 - replacement or Reconstruction, Cal with a city of a district lying entirely the... Boundaries of the city and County of San Francisco meets the definition of an existing.... Streets, alleys, and fences of legislated setback lines ( 14 CCR Section 15300-15331.... Or other transfer to preserve historical resources read Section 15302 - replacement or Reconstruction of existing and... Item also covers accessory structures for new nonresidential structures included in this class for new nonresidential structures included this! No expansion of capacity blasting used in excavation and grading is not exempt are! The boundaries of the city indexes ( page-based and code section-based ) developed and refined CEQA! 16. 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