CLASS 18: DESIGNATION OF WILDERNESS AREAS. (d) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements; (b)(3)). CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL RESOURCES. No exceptions apply that would . 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. The following list include statutory and categorical exemptions under CEQA that may apply in post-disaster recovery efforts such as the recovery and building of housing stock and associated infrastructure. The California Environmental Quality Act Guidelines considered minor alterations to the land as a Class 4 Categorical Exemption. (c) New power lines to connect the generating facilities to existing power lines will not exceed one mile in length if located on a new right of way and will not be located adjacent to a wild or scenic river. (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. Notations of authority cited within the CEQA guidelines. Street vacations of undeveloped streets rights-of-way are included under this item. 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. to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 - Information Collection. In such cases any special permit for grading will not be reviewed separately. The key consideration is whether the project involves negligible or no expansion of an existing use. (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. 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. 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". 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. 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. Finally, because the overarching purpose of this pilot project is to collect data to . CEQA applies to certain activities of state and local public agencies. 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. 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. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). Categorical Exemptions SECTIONS 15300 TO 15332 15300. Categorical Exemptions . * CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. (This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.) (j) Fish stocking by the California Department of Fish and Game. (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. Common Sense Exemption. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Operations of facilities in this Class are of an on-going nature. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. Continue Reading. 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. (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. Categorical exemption is anticipated for this option. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. (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 . 8. (a) Establishment of a subsidiary district. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). Holiday decorations. (k) Division of existing multiple-family or single-family residences into common-interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt. 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. (e) Additions to existing structures provided that the addition will not result in an increase of more than: 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 . 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. 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. 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. Replacement of existing drainage facilities. (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: This item is deemed to include both new construction and changes of use of all retail, service, and office uses of the types permitted in C-1 and C-2 zoning districts, within the size limitations stated. Categorical Exemption Type, Section or Code. Finally, exemptions shall not be applied in the following circumstances: (1) A categorical exemption shall not be used for a project which may result in damage to scenic resources, including, but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. 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. Such actions include, but are not limited to, the following: The process for reviewing these projects complies with the California Environmental Quality Act (CEQA) and with the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: (1) One single-family residence. This item is applicable where there would be no changes in street capacity significantly affecting the level of service. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. 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. 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). Projects that are initially screened and rejected or disapproved by a public agency are excluded from any CEQA review requirements. CLASS 28: SMALL HYDROELECTRIC PROJECTS AT EXISTING FACILITIES. Minor extension of roadways within the Port of San Francisco container terminals. A. . 3. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. e. Hazardous Waste Sites. (a) Annexations to a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities. Removal of dead, seriously damaged, and incurably diseased trees is exempt under this Class. The pro: ject is categorically exempt from CEQA under the "Class 4" (14 CCR 15304) exemption per the CEQA Guidelines because the project involves the minor alteration of the condition of land and/or vegetation within a densely developed oil field and does not require the removal of healthy, mature 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. Uses under this item include: 5. 14 15302, see flags on bad law, and search Casetext's comprehensive legal database is diane wells still married to rick bragg . Leases of government property are not included in this Class. (B) The area in which the project is located is not environmentally sensitive. 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. 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 15304.) TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . (b) The management plan proposes to keep the area in a natural condition or preserve the historical or archaeological resources. (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. 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. Temporary uses and structures may also be exempt under Class 4(e). This is a form of subdivision involving no new construction. Grading on land with a slope of 10 percent or more for more buildings than are exempted under Class 3 will not be exempt, however. If grading is part of a larger project requiring environmental review, the grading will be considered as part of such project, regardless of slope. The types of utilities covered under this item are indicated under Class 1(b). 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: (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. The Director of CDFW has concurred with the lead agency determination by the California Natural Resources Agency that the Bombay Beach Wetland Enhancement Project (PDF) (opens in new tab) qualifies as a statutorily exempt restoration project under the California Environmental Quality Act (CEQA). Article 19. CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 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