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. There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. Categorical exemption is anticipated for this option. This item will seldom apply in the City and County of San Francisco. The following exceptions, however, are noted in the State Guidelines. Under D.12-06-009, the CPUC determined that the projects proposed by Sonic would qualify as exempt under one or more CEQA categorical exemptions. (c) Merger with a city of a district lying entirely within the boundaries of the city. 6. 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. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. . Examples include but are not limited to: Please be aware that this technical advisory does not provide an exhaustive list; . (h) Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code). 15. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. Replacement of light standards and fixtures, not including a program for extensive replacement throughout a district or along an entire thoroughfare. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. Projects covered under this category that involve the transfer of ownership of interest in land may also be exempt under Class 25. 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. Also included are additions of new decks, where they are not accessory structures covered under Class 3(e), and enclosures of existing decks or patios. 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. Such actions include, but are not limited to, the following: 1. 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. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. 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). 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. Article 19. Minor temporary uses of land are exempt under Classes 4(e) and 11(c). 14. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. 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. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . Note that the limitation on size and numbers of facilities is different for different categories of uses. 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. This Class ordinarily will not apply in the City and County of San Francisco. 5. (h) Pumping of leaking ponds into an enclosed container; 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. A. . (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. This Class is applicable to property owned by the City and County of San Francisco outside its borders. Categorical Exemptions . This Class ordinarily will not apply in the City and County of San Francisco. This item also covers accessory structures for new nonresidential structures included in this Class. In St. Ignatius Neighborhood Assn. This document is not available on Westlaw. This item covers accessory structures for both existing and new residential structures. To be exempt under this section, the proposed use of the facility: The addition of portable classrooms is included in this exemption. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. 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. 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. Executive Order 12372 and federal grant resources. Class 20 consists of changes in the organization or reorganization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. Much of the work included under this item and others in this Class is ministerial in the case of private structures and facilities and is therefore not subject to CEQA. 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. Installation and removal of parking meters. 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. Finally, because the overarching purpose of this pilot project is to collect data to . 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. 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. "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. (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. 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. Permits for private filling of this kind are ministerial and are therefore not subject to CEQA. This section is limited to dwelling units and to no more than one building even when the number of units in two or more buildings totals less than six. (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. There are two sets of exemptions under CEQA - Categorical and Statutory. Class 10 includes but is not limited to the following examples: * CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. (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 (g) New copy on existing on- and off-premise signs. Following completion of the SRE, environmental staff in coordination with the PDT will determine whether a Categorical Exemption (CE) is still appropriate for the project. 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. Note that this Class concerns one single-family residence. CLASS 18: DESIGNATION OF WILDERNESS AREAS. CLASS 17: OPEN SPACE CONTRACTS OR EASEMENTS. Examples include but are not limited to: (a) Development of or changes in curriculum or training methods. (g) Controls for surface water run-on and run-off that meets seismic safety standards; 8. District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). 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. It is permissible to restore or rehabilitate a structure to prevent seismic damage under this item, except in the case of a historical resource. categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). 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 . 2. (c) Acquisition, sale, or other transfer to allow restoration of natural conditions, including plant or animal habitats. This Class, as a whole, includes a wide range of activities concerning existing structures and facilities. 4. Categorical Exclusions. The project 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 . 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 . (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or (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. This item is applicable to schools at which attendance satisfies the requirements of the compulsory education laws of the State of California. (c) Construction or maintenance of interim or temporary surface caps; Class 18 consists of the designation of wilderness areas under the California Wilderness System. 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: (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. 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. However, sewers are an exception to this rule where the size increase is solely for the purpose of carrying storm water runoff in order to prevent flooding in the immediate area. G 15182 - Residential Projects Pursuant to a Specific Plan. 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. (2) Result in no noticeable increase in noise to nearby residential structures, 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. (b) The management plan proposes to keep the area in a natural condition or preserve the historical or archaeological resources. 3. (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. 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. (n) Conversion of a single-family residence to office use. 14 15302, see flags on bad law, and search Casetext's comprehensive legal database 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. (Then see Class 31.) There is no substantial evidence that there are any "unusual circumstances" associated with . 7. NO: Preliminary CEQA analysis is required Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. 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. Certain other changes of use are included under Class 3(c). Categorical Exemption Type, Section or Code. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. (i) Construction of interim or emergency ground water treatment systems; CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: On-premise signs may also be exempt under Class 1(g). If grading is part of a larger project requiring environmental review, the grading will be considered as part of such project, regardless of slope. For both existing and new residential structures or preserve the historical or archaeological resources apply in City! An exhaustive list ;: 1 different for different categories of uses ( CEQA Guidelines Section 15387.! Nonresidential structures included in this exemption does not provide an exhaustive list ; proposed of... ( g ) Controls for surface water run-on and run-off that meets seismic standards. 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