Therefore, these classes will not apply where the project may impact an area of special significance that has been designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. 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. Blasting used in excavation and grading is not exempt. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. (Guidelines . 6. (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. Lead Agency Contact Person: Jui Ing Chien (Area Code) Telephone/Ext. Thus, the restoration of a building after a fire which destroyed all but the foundations is exempt under this item, but had the foundation also required reconstruction, the rebuilding would be exempt under Class 2. . CLASS 28: SMALL HYDROELECTRIC PROJECTS AT EXISTING FACILITIES. There are two sets of exemptions under CEQA - Categorical and Statutory. Accessory structures for any residential structures and for some new non-residential structures are exempt under Class 3(e). use of federal historic rehabilitation tax credits), or other means to ensure appropriate interpretation and application of the Standards. (This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.) All work on sidewalks, curbs and gutters without changes in curb lines, including lowering of curbs for driveways, and additions of sidewalk bulbs when not in conjunction with a program for extensive replacement or installation. 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. 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. The numbers of structures described in this section are the maximum allowable on any legal parcel. 14952, August 17, 2000]. 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. 3. There is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed . 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. Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. 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. 2. Class 30 consists of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less. or threatened plant or animal species or significant erosion and sedimentation of surface waters.This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection . (d) Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding. CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387).Examples of this exemption include but are not limited to: 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 . (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. (c) Merger with a city of a district lying entirely within the boundaries of the city. Replacement of light standards and fixtures, not including a program for extensive replacement throughout a district or along an entire thoroughfare. 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. Class 8 will be more often applicable within the borders of the City and County of San Francisco. The term "dwelling unit" or "residential structure" shall also include live/work or loft-style housing units. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. . CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. Categorical Exemption Type, Section or Code. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. (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. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. Lots not requiring such review, whether small or not, are ministerial projects and are therefore not subject to CEQA review. (2) Comply with all applicable state, federal, and local air quality laws. 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)). Class 8 consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. 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. 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. 3. Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. SB 35 requires . (a) The management plan for the park has not been prepared, or The key consideration is whether the project involves negligible or no expansion of an existing use. A categorical exemption cannot be used for a project located at a hazardous waste site included on any list compiled pursuant to Government Code Section 65962.5. (g) New copy on existing on- and off-premise signs. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. (c) Acquisition, sale, or other transfer to allow restoration of natural conditions, including plant or animal habitats. Please be aware that this technical advisory does not provide an exhaustive list; . For the purposes of this section, "past history" shall mean that the same or similar kind of activity has been occurring for at least three years and that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility. (c) Reversion to acreage in accordance with the Subdivision Map Act. & 15304 Minor Alterations to Land. 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. This item covers only the granting of lot line adjustments and variances, not construction that could occur as a result of such approvals. (b) Small parking lots. Certain new structures and facilities, and expansions, are covered by subsequent Classes. Note that this Class concerns one single-family residence. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). Designation of landmarks and historic districts, and other such preservation efforts. 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: categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). The addition of portable classrooms is included in this exemption. Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. (1) Meet all the criteria described in Subsection (a), Amending the San Francisco General Plan to include a parcel in the Recreation and Open Space Plan is not categorically exempt. Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. 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. Categorical Section 15304 Class 4 (b) County CEQA Guidelines Categorical Exemption Class 1 (j) County CEQA Guidelines Categorical Exemption Class 3 (a) County CEQA Guidelines Categorical Exemption Class 4 (c) Reasons why project is exempt: The project is consistent with State Guidelines for the implementation of CEQA. Landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. (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 (4) Timing of release. 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. Permits for private filling of this kind are ministerial and are therefore not subject to CEQA. 5. CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. 15304.) 2. (b) Any of the following conditions exist: 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): 6. In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. A categorical exemption cannot be used for a project that may cause a substantial adverse change in the significance of a historical resource. CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. Categorical Exclusions. A project that would ordinarily be insignificant in its impact on the environment may, in a particularly sensitive or hazardous area, be significant. School additions are further covered by Class 14. Transfer of portions of undeveloped streets to the Recreation and Park Department for development as a park is exempt under this Class. 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. (4) Shall include the provision of adequate employee and visitor parking facilities. Code Regs. Article 19. (f) Application of dust suppressants or dust binders to surface soils; The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. 17. a preservation architect), a process/procedure (e.g. Read Section 15302 - Replacement or Reconstruction, Cal. 13. Categorical Exemptions: Article 19. 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. (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. (1) Rate and volume of flow, Conversion of a single-family dwelling to office use is covered under item (n) below. (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; It must be observed that categorical exemptions are to be applied only where projects have not already been excluded from CEQA on some other basis. This item applies only to property owned by the City and County of San Francisco outside its borders. (f) Minor trenching and backfilling where the surface is restored. Changes of use are also included if the occupancy of the new use would not exceed the equivalent occupancy of the former use plus an addition to the former use, as exempted under Class 1(e). (2) A duplex or similar multifamily residential structure. 15300.2. New construction and changes of use of industrial uses are also included when 10,000 square feet or less. (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . Acquisition of land for parks that is not in its natural condition may also be exempt under Class 8, and development of parks may be exempt under Class 4(b). CLASS 17: OPEN SPACE CONTRACTS OR EASEMENTS. There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. G 15182 - Residential Projects Pursuant to a Specific Plan. (e) Acquisition, sale, or other transfer to preserve historical resources. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. Motels and commercial structures are covered in Class 3(c) below. (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 If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. The project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. (b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. Street openings for the purpose of work under this item are included in this item. It is permissible to restore or rehabilitate a structure to prevent seismic damage under this item, except in the case of a historical resource. 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. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. These classes have been marked with an asterisk (*) as a reminder. 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. 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 (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. Message - California Code of Regulations. Setback variances include both front and rear yard variances and modification or abolition of legislated setback lines. Categorical exemption is anticipated for this option. Certain utilities under the jurisdiction of the State Public Utilities Commission are not subject to local control and therefore do not require local environmental review. However, it normally cannot be accumulated together with the maximum work stated in those Classes in a single exempt project. (c) Working conditions where there will be no demonstrable physical changes outside the place of work. 2023010286 - 2023-01-13 - NOE - Sonic 2116-Beech-COExitCx. (b) Consolidation of two or more districts having identical powers. 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. (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. G Section: 15301, 15303, 15304. 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. December 30, 2022. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. Development of pedestrian plazas or arcades in public rights-of-way when existing vehicular traffic will not be affected. CEQA will apply when a management plan is proposed that will change the area from its natural condition or cause substantial adverse change in the significance of the historic or archaeological resource. (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. The term "filling" does not include operation of a dump. NO: Preliminary CEQA analysis is required Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. 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. Operations of facilities in this Class are of an on-going nature. 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. Replacement of utility and transit power lines and equipment in existing locations and capacities is included in this item. 5. (i) Construction of interim or emergency ground water treatment systems; This Class includes activities such as an energy-conservation program funded by a regulatory agency. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . (2) 10,000 square feet if: 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. 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 . As a general rule, such replacements will not involve any increase in size of a structure or facility. It includes one of any kind of dwelling unit. 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. Consideration should be given to categorical exemptions (continue to step II B). Sections 15300 to 15333 . Class 19 consists of only the following annexations: (b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. (i) Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters. This exemption shall also apply to leases and concessions of all departments, boards, and commissions. In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. If grading is part of a larger project requiring environmental review, the grading will be considered as part of such project, regardless of slope. 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. Minor temporary uses of land are exempt under Classes 4(e) and 11(c). For example, the rental of a stadium or auditorium to various organizations for separate performances is part of the operation of that facility.Examples include but are not limited to: (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or
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