[Revised and Adopted by the San Francisco Planning Commission Resolution No. Replacement of street lighting may be exempted under Class 1(c)(8) above. 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 16 consists of the acquisition, sale, or other transfer of land in order to establish a park where the land is in a natural condition or contains historical or archaeological resources and either: 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. 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. This Class is applicable to property owned by the City and County of San Francisco outside its borders. (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. Addition of dwelling units within an existing building is included in this item. 7. Minor extension of roadways within the Port of San Francisco container terminals. (e) There will be no significant upstream or downstream passage of fish affected by the project. Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. The following exceptions, however, are noted in the State Guidelines. Development of an urban park following acquisition may also be exempt under Class 4(b). Unsubscribe at any time. Resurfacing and patching of streets. 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. 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. CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. This exemption does not cover expansions in use or capacity of the facility to be replaced or reconstructed. (3) Shall not result in a traffic increase of greater than 10% of front access road capacity, and Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class 3/Section 3.c: New Construction or Conversion of Small Structures ; and SG 15304, Class 4/Section 3.d: Minor Alterations to Land. (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. (a) One single-family residence, or a second dwelling unit in a residential zone. Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. (c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). 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. 2. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . 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. In such cases any special permit for grading will not be reviewed separately. (g) New copy on existing on- and off-premise signs. This Class includes activities such as an energy-conservation program funded by a regulatory agency. Categorical Exemptions: Article 19. Unlike statutory exemptions, categorical exemptions are not allowed to be used for projects that may cause a substantial adverse change in the significance of an historical resource (14 CCR Section 15300.2(f)). 1. Replacement, as opposed to maintenance, is covered under Class 2(c) below. 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. Projects may have a statutory exemption, created by the legislature, or a categorical exemption, which refers to exemptions established by regulators. 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. (2) Comply with all applicable state, federal, and local air quality laws. The key consideration is whether the project involves negligible or no expansion of an existing use. v. City & County of San Francisco (Nov. 18, 2022, A164629) . 15301 Class 1(c). Installation and replacement of guide rails and rockfall barriers. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. 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. Article 19. This Class is for the most part non-physical, but it also includes such activities as test borings; soil, water, and vegetation sampling; and materials testing in facilities and structures. (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. the classes of categorical exemptions may be excluded from using a categorical exemption based on a series of exceptions identified in CEQA Guidelines 15300.2, that if triggered, prohibit the application of a categorical exemption. 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). (b) Consolidation of two or more districts having identical powers. NO: Preliminary CEQA analysis is required The term "filling" does not include operation of a dump. Continue Reading. Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. The addition of portable classrooms is included in this exemption. This Class ordinarily will not apply in the City and County of San Francisco. Sections 15300 to 15333 . Minor encroachments are encroachments on public streets, alleys, and plazas. (n) Conversion of a single-family residence to office use. The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. (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. (e) Additions to existing structures provided that the addition will not result in an increase of more than: (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. 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. Please be aware that this technical advisory does not provide an exhaustive list; . (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel. CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . 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. Setback variances include both front and rear yard variances and modification or abolition of legislated setback lines. Movement of trees in planter boxes is not deemed to be tree removal or installation. (g) Controls for surface water run-on and run-off that meets seismic safety standards; This Class ordinarily will not apply in the City and County of San Francisco. Blasting used in excavation and grading is not exempt. An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). 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. Provide your email address to sign up for news or other topics of interest. (2) Leasing of client service offices in newly constructed retail space. 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. 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. There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. CLASS 17: OPEN SPACE CONTRACTS OR EASEMENTS. (a) Employee wages, 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: In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. use of federal historic rehabilitation tax credits), or other means to ensure appropriate interpretation and application of the Standards. G 15061(b)(3) - It can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the activity is not subject to the CEQA. This Class is applicable to property owned by the City and County of San Francisco outside its borders. CEQA Guidelines, Article 19, Section 15332, Class 32. 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. 15. Work under this Class may be related to the construction and reconstruction included in Classes 2, 3, 11, and 14. (h) The creation of bicycle lanes on existing rights-of-way. 15304: Minor alterations to land . G 15182 - Residential Projects Pursuant to a Specific Plan. (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. (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 e. Hazardous Waste Sites. Street openings for the purpose of work under this item are included in this Class. To be exempt under this section, the proposed use of the facility: Finally, because the overarching purpose of this pilot project is to collect data to . 9. 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): Sales of surplus land may be physical actions, but most such sales are exempt under this Class. CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. 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. 2. Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. G 15183 - Projects . 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. If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. 10. (1) Rate and volume of flow, This Class includes: Where there is a reasonable possibility of a significant effect due to unusual circumstances surrounding the project, it is not exempt even if it clearly fits one of the categories. CLASS 22: EDUCATIONAL OR TRAINING PROGRAMS INVOLVING NO PHYSICAL CHANGES. Acquisition of urban open space. Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. Examples include but are not limited to: Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. 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. (1) One single-family residence. 14 15302, see flags on bad law, and search Casetext's comprehensive legal database 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. (Guidelines . 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. 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 . (PRC 21084; 14 CCR 15300 et seq.) Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. 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. First, Classes 3, 4, 5, 6, 11, and 32 are qualified by consideration of where the project is to be located. 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. 3. For example, if the former use of a 2,500-square-foot lot was a six-unit apartment building, first permitted in an RM-1 district, a change in use to a residential care facility for six or fewer persons, first permitted in RH-1 and RH-1(D) districts, would be exempt under this class. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . This item covers accessory structures for both existing and new residential structures. Replacement of utility and transit power lines and equipment in existing locations and capacities is included in this item. to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 - Information Collection. Certain work for protection of health and safety is excluded from CEQA as emergency projects. In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. Department of City Planning Permits: carnival, booth, sale of Christmas trees, or other ornamental holiday plants; placement of temporary buildings during construction; rental or sales office, all as specified in Sections 205.1 and 205.2 of the City Planning Code. (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. . (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. 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. Is whether the project public agency taking the enforcement or revocation action are not included in Class... ) Construction activities undertaken by the project involves negligible or no expansion of an urban park following acquisition also... 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