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) 10,000 square feet if: Amending the San Francisco General Plan to include a parcel in the Recreation and Open Space Plan is not categorically exempt. The numbers of structures described in this section are the maximum allowable on any legal parcel. In urbanized areas, this exemption applies to duplexes and similar structures where no more than six dwelling units will be demolished. However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: (b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. (This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.) Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. (e) Additions to existing structures provided that the addition will not result in an increase of more than: 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. There are no facts or circumstances specific to this project that would . The amendment and (2) Result in no noticeable increase in noise to nearby residential structures, (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. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. 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. 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. All actions must be consistent with applicable state and local environmental permitting requirements including, but not limited to, air quality rules such as those governing volatile organic compounds and water quality standards, and approved by the regulatory body with jurisdiction over the site. Accessory structures for any residential structures and for some new non-residential structures are exempt under Class 3(e). Commonly Used Exemptions (reference: this website) Class 1 is the "existing facilities" exemption. This is a form of subdivision involving no new construction. Class 31 consists of projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer. (a) The capacity of the generating facilities is five megawatts or less, 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. Conversion of a single-family dwelling to office use is covered under item (n) below. 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 regarding urban open space acquisition, and Class 16 for special types of park acquisition, may also apply. Class 18 consists of the designation of wilderness areas under the California Wilderness System. (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. 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. (2) Temperature, Street openings for the purpose of work under this item are included in this item. (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. 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). 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 . Categorical Exemption Type, Section or Code. (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). Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. 1. This document is not available on Westlaw. 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. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. A statutory exemption, not to be confused with a categorical exemption (more on that below), is any provision in state law that takes a project either totally out of the CEQA process or exempts it from certain requirements of that process. (f) An accessory steam sterilization unit for the treatment of medical waste at a facility occupied by a medical waste generator, provided that the unit is installed and operated in accordance with the Medical Waste Management Act (Section 117600, et seq., of the Health and Safety Code) and accepts no offsite waste. 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). 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) Be contiguous to other commercial or institutional structures. 2. CLASS 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. Class 8 will be more often applicable within the borders of the City and County of San Francisco. The term "filling" does not include operation of a dump. (1) Leasing of administrative offices in newly constructed office space. Replacement of existing drainage facilities. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. 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. Under certain exceptional circumstances involving hazards to health and safety, removal of healthy trees may be considered an emergency project. 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. will also consider a finding of Categorical Exemption in accordance with Section 15301 (Existing Facilities); Section 15304(e) (Minor Alterations to Land); Section 15311 (Accessory Structures); Section 15323 (Normal Operations of Facilities for Public Gatherings) of the California Environmental This item is not applicable to activities of the City and County of San Francisco. 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. (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. (B) The area in which the project is located is not environmentally sensitive. Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. (3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life, and 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. Categorical Exemption. 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. Certain work for protection of health and safety is excluded from CEQA as emergency projects. In such cases any special permit for grading will not be reviewed separately. SB 35 requires . (2) Leasing of client service offices in newly constructed retail space. NOE filed . There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. (i) Construction of interim or emergency ground water treatment systems; Public gatherings that are part of the normal operation of a facility are exempt under Class 23. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. Continue Reading. 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: The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . Replacement, as opposed to maintenance, is covered under Class 2(c) below. (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. Unsubscribe at any time. Lead Agency Contact Person: Jui Ing Chien (Area Code) Telephone/Ext. Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? 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). (Guidelines . . 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. Class 29 consists of the installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting the conditions described in this section. Class 25 includes open space acquisition in some special circumstances. (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. Lighting in parks and playgrounds and around buildings may be regarded as a safety or health protection device under this item, provided such lighting does not produce excessive glare. CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. . County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. 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. 1. 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 Class 4 exempt project consists of minor public or private alterations in the condition of land, water, and/or vegetation that do not involve removal of healthy, mature, scenic . * CLASS 5: MINOR ALTERATIONS IN LAND USE LIMITATIONS. (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. (b) Examples of Class 27 include, but are not limited to: CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. 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. The California Environmental Quality Act Guidelines considered minor alterations to the land as a Class 4 Categorical Exemption. There are two sets of exemptions under CEQA - Categorical and Statutory. a categorical exemption under ceqa. Categorical Exclusions. Categorical Exemptions SECTIONS 15300 TO 15332 15300. A categorical exemption shall not be used for a project which may cause a substantial The definition of individual small structures under this Class is similar to but not exactly the same as that found under Class 3, below. (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. Projects that are initially screened and rejected or disapproved by a public agency are excluded from any CEQA review requirements. proposed project is also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(f) - Minor Alterations to Land. Note that new installations, as opposed to replacements, are not covered by this item. 15304: Minor alterations to land . (c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. (a) The property does not have significant values for wildlife habitat or other environmental purposes, and The proponent must demonstrate use of qualified personnel (e.g. Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: . Notations of authority cited within the CEQA guidelines. The addition of portable classrooms is included in this exemption. This item covers accessory structures for both existing and new residential structures. Such maintenance pertains primarily to existing landscaping, but when combined with Classes 2 and 4(b), this item includes replacement with similar landscaping. Temporary uses and structures may also be exempt under Class 4(e). A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to 65962.5 of the Government Code. 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. 15. (1) The direct referral of a violation of lease, permit, license, certificate, or entitlement for use or of a general rule, standard or objective to the Attorney General, District Attorney, or City Attorney as appropriate, for judicial enforcement. Feasibility and planning studies and certain emergency projects also are excluded, and private activities having no involvement by government are not "projects" within the meaning of CEQA. The key consideration is whether the project involves negligible or no expansion of an existing use. (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). It's free to sign up and bid on jobs. The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. Code Regs. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. Construction activities are not included in this exemption. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. 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