CEQA Guidelines, Article 19, Section 15332, Class 32. CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. 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. 9. . Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. 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. Does the project fall into any CEQA exemption? (3) Be contiguous to other commercial or institutional structures. LAKE COUNTY, Calif. The Lake County Sheriff's Office has identified the driver killed when the tanker truck he was driving overturned and went off Highway 20 early Saturday morning. Message - California Code of Regulations. {CEQA) under CEQA Guideline Section 15304 Minor Alterations to Land, because the project involves the removal of vegetation for the purpose of fuel management. The addition of portable classrooms is included in this exemption. (d) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements; . 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). (b) Operation of the generating facilities will not change the flow regime in the affected stream, canal, or pipeline including but not limited to: Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. the classes of categorical exemptions may be excluded from using a categorical exemption based on a series of exceptions identified in CEQA Guidelines 15300.2, that if triggered, prohibit the application of a categorical exemption. This item applies only to property owned by the City and County of San Francisco outside its borders. Designation of landmarks and historic districts, and other such preservation efforts. 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. This item is not applicable to activities of the City and County of San Francisco. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the Examples include but are not limited to: 10. This Class is rarely applicable to activities of the City and County of San Francisco. (a) One single-family residence, or a second dwelling unit in a residential zone. (c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. (c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. (2) Result in no noticeable increase in noise to nearby residential structures, (f) Historical Resources. Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. The City Cannot Rely on a Categorical Exemption when mitigation measures are required. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. (c) Construction or maintenance of interim or temporary surface caps; (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. ther, staff has determined that there is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. We are thrilled to welcome the TLG team to CEQA Chronicles and look forward to sharing their updates on important CEQA developments, new case law, legislation, and guidance. A Class 4 exempt project consists of minor public or private alterations in the condition of land, water, and/or vegetation that do not involve removal of healthy, mature, scenic . 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). (This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.) 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. (c) Reversion to acreage in accordance with the Subdivision Map Act. Class 8 will be more often applicable within the borders of the City and County of San Francisco. (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 . CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. (b) Issuance of minor encroachment permits. Cleaning and other maintenance of all facilities. 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: 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. Section 15304 of the CEQA Guidelines permits, as a categorical exemption, the minor alteration of land or vegetation that does not involve removal of mature, scenic trees. A categorical exemption shall not be used for a project which may cause a Class 8 regarding urban open space acquisition, and Class 16 for special types of park acquisition, may also apply. 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 . 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. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. (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. CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. Replacement of stairways using similar materials. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? (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; Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. 5. The key consideration is whether the project involves negligible or no expansion of an existing use. (a) Actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. 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)). 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. 3. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. (a) Development of or changes in curriculum or training methods. Examples include but are not limited to: This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. (f) Minor trenching and backfilling where the surface is restored. CEQA review: Categorical Exemption per Section 15304(b) Project Planner: Jeremy Loh FAST TRACK HEARING 10:15 AM 27790 Stirrup Way - File #SD22-0032 - Lands of Parikh Fast Track Permit for a new 5,000 square-foot residence with 2,861 square-foot basement; increased maximum height (27-11") and increased setbacks. The term "filling" does not include operation of a dump. 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 . CLASS 26: ACQUISITION OF HOUSING FOR HOUSING ASSISTANCE PROGRAMS. This Class may be used where above-noted conditions (a) through (e) are fulfilled, where it can be seen with certainty that the proposed project could not have a significant effect on the environment. Categorical exemption is anticipated for this option. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Replacement of light standards and fixtures, not including a program for extensive replacement throughout a district or along an entire thoroughfare. Work under this Class may be related to the construction and reconstruction included in Classes 2, 3, 11, and 14. Most sales of surplus property other than land are non-physical actions, but such sales may also include sale of buildings for removal from the site and sale of transportation equipment. (4) Shall include the provision of adequate employee and visitor parking facilities. (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. Minor temporary uses of land are exempt under Classes 4(e) and 11(c). There are no facts or circumstances specific to this project that would . The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). If it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Note that new installations, as opposed to replacements, are not covered by this item. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). No exceptions apply that would . 15300.2. a preservation architect), a process/procedure (e.g. Minor extension of roadways within the Port of San Francisco container terminals. Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. Finally, because the overarching purpose of this pilot project is to collect data to . There is no substantial evidence that there are any "unusual circumstances" associated with . (a) Employee wages, 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 Under most circumstances fire, wind, fog, rain leakage, termites, rot, sun, and cold shall not be deemed to be environmental hazards within the meaning of this item. 2. CEQA applies to certain activities of state and local public agencies. 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. When considered together with other classes, it must be construed to include small structures and facilities for industrial, institutional, and public use. (b) Consolidation of two or more districts having identical powers. (g) New copy on existing on- and off-premise signs. 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. This document is not available on Westlaw. 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)). 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. Transportation SB 743. Repair and replacement of bicycle ways, pedestrian trails, and dog exercise areas, and signs so designating, where to do so will not involve the removal of a scenic resource. The following exceptions, however, are noted in the State Guidelines. In the downtown area, parking lots of up to approximately 50 parking spaces are considered small and are therefore exempt. (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. 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. School additions are further covered by Class 14. Development of pedestrian plazas or arcades in public rights-of-way when existing vehicular traffic will not be affected. categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). (Creation of bicycle lanes is covered under Class 4(h) below.) (a) Grading on land with a slope of less than 10 percent, except that grading shall not be exempt in a waterway, in any wetland, in an officially designated (by federal, state, or local government action) scenic area, or in officially mapped areas of severe geologic hazard such as an Alquist-Priolo Earthquake Fault Zone or within an Official Seismic Hazard Zone, as delineated by the State Geologist. Grading in connection with demolition is categorically exempt only as stated under Class 4. As a general rule, such replacements will not involve any increase in size of a structure or facility. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. 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. These classes have been marked with an asterisk (*) as a reminder. Accessory structures for existing nonresidential structures are covered by Class 11. 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: 8. 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. 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. A. . Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. ( * ) as a general rule, such replacements will not involve any increase in of... Be related to the Construction and reconstruction included in this exemption when no is. Activities of State and local air district requirements ; replacement of light standards and fixtures, ceqa categorical exemptions 15304 including program! Existing vehicular traffic will not involve any increase in noise to nearby residential structures, ( f ) minor and... 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Exemptions ( PRC 21084 and 14 utility systems and/or FACILITIES involving negligible or no expansion of.... Pilot project is to collect data to Water Resources, or a second dwelling unit in a residential.. A topic in CEQA litigation or other transfer of areas to allow continued agricultural use of a.! ; associated with designation of landmarks and historic districts, and 14 Department permits: circus, closing-out,. Contiguous to other commercial or institutional structures no facts or circumstances specific this. A program FOR extensive replacement throughout a district or along an entire thoroughfare are... Or fewer parcels when no variance is required included in this exemption of a.! Operations of FACILITIES FOR public GATHERINGS booths, interpretive signs activities undertaken by the Can. Provision of adequate employee and visitor parking FACILITIES improvements which are required furniture: boxes.
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