If grading is part of a larger project requiring environmental review, the grading will be considered as part of such project, regardless of slope. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. alter an historical resource when that resource represents an imminent In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. Note that this Class concerns one single-family residence. WebNotice of Exemption Form D . (c) Placement of seasonal or temporary use items such as lifeguard towers, mobile food units, portable restrooms, or similar items in generally the same locations from time to time in publicly owned parks, stadiums, or other facilities designed for public use. Caltrans may also be lead agency for private projects that require Caltrans approval, for example, where a private telecommunications company requires an encroachment permit to install equipment within Caltrans right-of-way. Major Development Agreements and Projects, Historic Preservation Commission Hearings. Where public services are already available for the maximum development allowable and where the area is not historically significant, or subject to landslide hazard, the 10,000-square-foot addition will normally apply in San Francisco. (b) The management plan proposes to keep the area in a natural condition or preserve the historical or archaeological resources. As a general rule, such replacements will not involve any increase in size of a structure or facility. In such cases any special permit for grading will not be reviewed separately. The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: 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. (c) Working conditions where there will be no demonstrable physical changes outside the place of work. WebMessage - California Code of Regulations. Document the use of the common sense exemption on the CE/CE form. Caltrans can also be a responsible agency for non-Caltrans projects that impact Caltrans facilities, for example, where a city will need to obtain an encroachment permit for conducting work within Caltrans right-of-way. 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. 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. The Department determined that the renovation and restoration of the small cottage was within the exemption for restoration or rehabilitation of deteriorated structures (CEQA Guidelines, 15301, subd. seq. (1) Rate and volume of flow, Please see the. The acquisition or sale of land in order to establish a park where the land is still in its natural condition may be exempted under Class 16. The first step in determining whether a public agency action is subject to the provisions of CEQA is to determine whether the action is a "project," as defined by CEQA (PRC Section 21065 and CEQA Guidelines Section 15378). 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. registrations and some building permits limited to determining proper The following exceptions, however, are noted in the State Guidelines. WebArticle 19 - Categorical Exemptions; Cal. WebWhat are the CEQA Guidelines? (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. Such exceptions may apply under the following circumstances: 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)). (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. Examples include but are not limited to: When the District/Region Senior Environmental Planner determines 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. or objective measurements, and do not involve the use of personal 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. 14. Webconducted an environmental review which determined that the project meets the categorical exemption criteria set forth in CEQA State Guidelines, Section 15301 (Existing Facilities), (b) Maintenance or stabilization of berms, dikes, or surface impoundments; Such maintenance pertains primarily to existing landscaping, but when combined with Classes 2 and 4(b), this item includes replacement with similar landscaping. 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. The project and successive projects of the same type in the same Certain work for protection of health and safety is excluded from CEQA as emergency projects. Accessory structures for any residential structures and for some new non-residential structures are exempt under Class 3(e). Only land divisions into four or fewer parcels requiring no variances from the City Planning Code and no exceptions from the San Francisco Subdivision Ordinance are covered by this Class. In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. Class 19 consists of only the following annexations: Addition and removal of trees and other plant materials on private property does not require a permit. Changes of use are included because to provide otherwise would place greater restriction upon existing buildings than upon new buildings (see also Class 1(a) regarding changes of use). [4] While a comprehensive list of CEQA exemptions is beyond the scope of this article, see generally CEQA Guidelines 15260-15285 (statutory exemptions), 15301-15333 (categorical exemptions), 15300.2 (specific and general exceptions to the categorical exemptions). In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. On-premise signs may also be exempt under Class 1(g). WHEREAS, for the purposes of compliance with the provisions of the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines, a Categorical Exemption from environmental review was determined for the project pursuant to Section 15301, Class 1 (f), the addition of safety devices in conjunction with existing facilities. (1) Shall be in conformance with existing state plans and policies and with general, community, and specific plans for which an EIR or negative declaration has been prepared, WebBodega Bay Public Utility District Sewer Rehabilitation Project 1 Administrative Draft CEQA Notice of Exemption Memorandum Bodega Bay Public Utility District November 2021 3.1 15301. being affected by hazardous wastes or clean-up problems; or. 3. The responsible agency must also prepare and issue its own findings regarding the project, as applicable, and file a Notice of Determination (NOD) with the California State Clearinghouse (SCH). This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term, but this exclusion does not apply (i) if the anticipated period of time to conduct an environmental review of such a long-term project would create a risk to public health, safety or welfare, or (ii) if activities (such as fire or catastrophic risk mitigation or modifications to improve facility integrity) are proposed for existing facilities in response to an emergency at a similar existing facility. To: Office of Planning and Research PO Box 3044, 1400 Tenth Street, Room 212 Categorical Exemption. Replacement of light standards and fixtures, not including a program for extensive replacement throughout a district or along an entire thoroughfare. (1) Meet all the criteria described in Subsection (a), WebJanuary 2019 No No CEQAEXEMPTION Stop. Class 6 consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. Section 15301 - Existing Facilities 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, Trustee agencies include: Common examples of responsible agencies include: the Regional Water Quality Control Board for its Section 401 Water Quality Certification, the California Department of Fish and Wildlife for its Section 1602 Lake or Streambed Alteration Agreement, and the Office of Historic Preservation for its concurrence on affected cultural resources. Seismic work on highways and bridges pursuant to Section 180.2 (a) Establishment of a subsidiary district. 3. (b) Hours of work, or period of 30 days. 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. This Class, as a whole, includes a wide range of activities concerning existing structures and facilities. of Historic Preservation pursuant to Section 5028 (b) of Public Resources (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. WebA store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. Responsible agencies must actively participate in the lead agency's CEQA process and consider the lead agencys environmental document prior to acting upon or approving 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. exempt by statute. A responsible agency is any public agency other than Caltrans that has discretionary approval power over the project. Class 13 consists of the acquisition of lands for fish and wildlife conservation purposes including preservation of fish and wildlife habitat, establishing ecological reserves under Fish and Game Code Section 1580, and preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition. Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. 13. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. In addition to such work on public structures and facilities, this item includes nearly all private work resulting from code enforcement and inspections and areawide rehabilitation programs, including loan programs to bring an area up to code. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Development of pedestrian plazas or arcades in public rights-of-way when existing vehicular traffic will not be affected. The project is located on an existing electricity line right of way and involves removal and replacement of a distribution pole. of which type of exemption; statutory, categorical (state which class), or common sense. Such uses might have certain temporary effects of a nuisance nature, but such effects are to be controlled by the regulatory department issuing permits for such uses. [Revised and Adopted by the San Francisco Planning Commission Resolution No. WebCEQA exemptions in the CEQA guidelines for residential projects are not common. a. Examples of the statutory exemptions that may apply to Caltrans activities include ministerial projects and emergency exemptions (see below); the establishment or modification of tolls; a project for the institution or increase zoning. WebBoard of Commissioners] of City CEQA Guidelines and Article 19, Section s 15304(b), 15306 and 15311(a) of California CEQA Guidelines . This item covers accessory structures for both existing and new residential structures. to projects with no significant environmental effect (see below). WebPUBLIC PROJECT CEQA CLEARANCE CHECKLIST: Please fill out this checklist and submit the following information with your application two weeks prior the date you would like the CEQA clearance completed*: N/A YES Draft City Council Memo Site plan drawn to scale showing the following information: This item will seldom apply in the City and County of San Francisco. (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. 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. (b) Small parking lots. Examples of ministerial projects would include automobile 5. The review process pursuant to CEQA. 16. Demolition of any structure determined by the San Francisco Fire Department to be a health and safety hazard is statutorily exempt as an emergency project (Guidelines Section 15071(c)). When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. https://dot.ca.gov//volume-1-guidance-for-compliance/ch-34- Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. State type and section number: _____ Statutory Exemptions. 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. To be considered eligible under this Class, a project must be clearly defined by the project proponent as a rehabilitation that is consistent with the Secretary's Standards. (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. Does the project fit into one of the 33 listed classes of Categorical Exemptions? 21-162. Siting of the replacement structure(s) may not result in land alterations other than those necessary to remove the old structure(s) and to provide new foundations in compliance with present building and seismic safety codes. Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. (h) Pumping of leaking ponds into an enclosed container; In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. or facilities damaged or destroyed as a result of a disaster in a Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. flood, storm, earthquake, land subsidence, gradual earth movement, This includes projects that will remove, destroy, or significantly be carried out. Categorical Exemption Type, Section or Code. (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. Revisions to List of Categorical Exemptions A public agency may, at any time, request that a new class of categorical exemptions be added, or an existing one have identified, pursuant to Government Code section 65962.5, as On motion of Supervisor Farrington and by vote of Minor encroachments are encroachments on public streets, alleys, and plazas. by fire, flood, storm, earthquake, land subsidence, gradual earth 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. 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