Sections 15301(h) and 15304(b) of California CEQA Guidelines Priya Macwan Management Assistant, , Special Operations Branch, presented Board Report No. (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. Street openings for the purpose of work under this item are included in this Class. is diane wells still married to rick bragg . 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. Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. (3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life, and The Executive Order suspends Public Resources Code, Division 13 (commencing with section 21000, also known as the California Environmental Quality Act or CEQA) and regulations adopted pursuant to that Division under specified circumstances. Such list must show those specific activities at the local level that fall within each of the classes of exemptions set forth in Article 19 of the CEQA Guidelines, and must be consistent with both the letter and the intent expressed in such classes. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. This Class applies only to land that is presently in its natural condition and/or contains historic or archaeological sites. Installation of security fencing and gates. District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . (b)(3)). Devices used during construction under this item include temporary shoring, temporary sanitary facilities, barriers, and covered pedestrian walkways in street areas. 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. (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. 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: Replacement of stairways using similar materials. 8. 15301 Class 1(c). Certain work for protection of health and safety is excluded from CEQA as emergency projects. 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. (3) Shall not result in a traffic increase of greater than 10% of front access road capacity, and 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. CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. 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. Class 10 includes but is not limited to the following examples: (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. 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. Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. 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). 15300.1. An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). A categorical exemption shall not be used for a project which may cause a substantial Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . (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; (a) The capacity of the generating facilities is five megawatts or less, Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . The Committee notes that the CEQA Guidelines have two applicable categorical exemptions: Guidelines section 15301(c), the Class 1 exemption, for development of existing facilities, where there is negligible expansion of an existing use, which specifically includes existing bicycle trails; and Guidelines section 15304 (h), the Class 4 exemption . Class 25 includes open space acquisition in some special circumstances. Class 8 will be more often applicable within the borders of the City and County of San Francisco. The City also argued that applying the Brown Act to a CEQA exemption would place an intolerable burden on local agencies, requiring basic administrative decisions such . Installation and replacement of guide rails and rockfall barriers. (f) Minor trenching and backfilling where the surface is restored. SB 35 requires . 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. Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. Additionally, small projects which are part of a larger project requiring environmental review generally must be reviewed as part of such larger project, and are not exempt. (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. The amendment and This item includes temporary structures associated with public events of up to a two-week duration, such as music festivals, and includes sporting events, such as the ESPN Extreme Games (X-Games), on public and/or private property. Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. 14. 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. (c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. (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. (2) Leasing of client service offices in newly constructed retail space. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. 9. CEQA Categorical Exemption Summary . 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. Class 22 consists of the adoption, alteration, or termination of educational or training programs which involve no physical alteration in the area affected or which involve physical changes only in the interior of existing school or training structures. 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. If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. (c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. Projects covered under this category that involve the transfer of ownership of interest in land may also be exempt under Class 25. However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: Categorical exemptions are authorized by section 21084, subdivision (a), which states: Executive Order 12372 and federal grant resources. On-premise signs may also be exempt under Class 1(g). 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 (4) Shall include the provision of adequate employee and visitor parking facilities. tit. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. 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. 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. 6. 4. ENVIRONMENTALSTATUS: Categorical exemption for replacement landscaping, per State CEQA Guidelines Sections 15304(b)--this proposal falls within a class of projects which the State has determined not to have a significant effect on the environment. to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 - Information Collection. Construction activities are not included in this exemption. 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. 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. The following exceptions, however, are noted in the State Guidelines. This Class is applicable mainly to property owned by the City and County of San Francisco outside its borders, but may include natural shorelines and undeveloped natural areas. (c) Construction or maintenance of interim or temporary surface caps; Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. (d) Minor alterations in land, water, and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production. This Class is rarely applicable to activities of the City and County of San Francisco. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. (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. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the 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 . This Class ordinarily will not apply in the City and County of San Francisco. (B) The area in which the project is located is not environmentally sensitive. The City Cannot Rely on a Categorical Exemption when mitigation measures are required. 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. Note that the latter is whichever is less" and that 50 percent means 1/2 of the existing structure's floor area -- the building may not be doubled in size. resource as specified in section 21084.1 of the CEQA Statutes and do not constitute an exception to Classes 3 & 4 Categorical Exemptions as described in Section 15300.2 (f) of the CEQA Guidelines and Section 21084.1 of the CEQA Statutes. PRC Section 21084 requires the CEQA 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 be exempt from the provisions of CEQA. (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. It is permissible to restore or rehabilitate a structure to prevent seismic damage under this item, except in the case of a historical resource. Categorically Exempt. In addition, as noted above and further described below, categorical exemptions cannot be used when any of the "Exceptions" The addition of portable classrooms is included in this exemption. The term "operation" includes all running and management of existing structures, facilities and programs, including continuing legal non-conforming uses beyond the original termination date whether such running and management has physical effects or not, and whether or not the activities are continuous. Attachments. 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): First, Classes 3, 4, 5, 6, 11, and 32 are qualified by consideration of where the project is to be located. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. Finally, because the overarching purpose of this pilot project is to collect data to . (b) Operation of the generating facilities will not change the flow regime in the affected stream, canal, or pipeline including but not limited to: Designation of landmarks and historic districts, and other such preservation efforts. (1) Rate and volume of flow, Examples include but are not limited to: Code Regs. 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. Use of street and sidewalk space during construction. 2. 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. CEQA Guidelines. The numbers of structures described in this section are the maximum allowable on any legal parcel. Street reconstruction within existing curb lines. (n) Conversion of a single-family residence to office use. 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. 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 19 consists of only the following annexations: Key resources for understanding and implementing CEQA. Replacement of street lighting may be exempted under Class 1(c)(8) above. New construction and changes of use of industrial uses are also included when 10,000 square feet or less. (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines; or Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. Addition of dwelling units to an existing building that does not involve a mere partitioning of existing space (see Class 1(a) above for coverage of the latter) is included in this item. Any project that either receives state funding or requires a state-level permit is affected by CEQA. 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. 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. (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. (2) 10,000 square feet if: 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 . Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. Areas to allow continued agricultural use of industrial uses are also included when square... Signals, where no more than a negligible increase in use of the Guidelines 4 Accessory. Exercise only ministerial authority the natural features of the City and County of San.... 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