The definition of individual small structures under this Class is similar to but not exactly the same as that found under Class 3, below. Installation of security fencing and gates. An emergency exemption under CEQA does not necessarily remove Caltrans responsibility to comply with other state laws nor does it have any bearing on compliance with federal laws. Under CEQA Guidelines 15062, a lead agency must identify the rationale for making the determination that a project is exempt under CEQA. 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. 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. Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. Under certain exceptional circumstances involving hazards to health and safety, removal of healthy trees may be considered an emergency project. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Statutory exemptions (defined by PRC 21080) apply only to certain, non-residential projects. Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. (b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. Street openings for the purpose of work under this item are included in this Class. This Class ordinarily will not apply in the City and County of San Francisco. 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. (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. 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 ". CLASS 18: DESIGNATION OF WILDERNESS AREAS. Amending the San Francisco General Plan to include a parcel in the Recreation and Open Space Plan is not categorically exempt. (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to: Web15301, 15302, 15303, 15304(b), 15304(f ) and 15311 of California CEQA Guidelines . The Secretary of the California Resources Agency has determined that the projects in these classes do not have significant effect on the environment, and therefore are categorically exempt from CEQA. (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. (h) The creation of bicycle lanes on existing rights-of-way. be carried out. Each notice shall remain posted for a (a) Grading on land with a slope of less than 10 percent, except that grading shall not be exempt in a waterway, in any wetland, in an officially designated (by federal, state, or local government action) scenic area, or in officially mapped areas of severe geologic hazard such as an Alquist-Priolo Earthquake Fault Zone or within an Official Seismic Hazard Zone, as delineated by the State Geologist. (2) A duplex or similar multifamily residential structure. Substances Control and the Secretary of the Environmental Protection but not limited to, trees, historic buildings, rock, outcroppings, alter an historical resource when that resource represents an imminent Most sales of surplus property other than land are non-physical actions, but such sales may also include sale of buildings for removal from the site and sale of transportation equipment. Devices used during construction under this item include temporary shoring, temporary sanitary facilities, barriers, and covered pedestrian walkways in street areas. These classes have been marked with an asterisk (*) as a reminder. The types of utilities covered under this item are indicated under Class 1(b). county clerk of each county in which the project will be located. Projects that Categorical Exemption Type, Section or Code. Public gatherings that are part of the normal operation of a facility are exempt under Class 23. Examples include but are not limited to: Street reconstruction within existing curb lines. 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. Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. 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. 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. CLASS 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. 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. Water supply reservoirs under this item supplement the water systems under Class 1(b) above. WebNotice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. State Water Project (SWP) long-term water supply contracts include provisions for delivery within SWP place of use, including transfers between SWP contractors. Water mains are also an exception where the size increase is necessary to bring old mains up to the current minimum standard to serve existing development, or to provide adequate capacity for fire protection for such development. WebState CEQA Guidelines Sections 15301 through 15333 describe the following 33 classes of Categorical Exemptions (referred to as Class 1, Class 2, etc. Installation and removal of parking meters. Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. [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). First, Classes 3, 4, 5, 6, 11, and 32 are qualified by consideration of where the project is to be located. 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. The Guidelines define a "project" as the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is an activity directly undertaken by any public agency including public works construction and related activities. ): Existing facilities; Replacement or reconstruction of existing structures and facilities; New construction or conversion of small structures; Minor alterations to land; 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. 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: Specific actions necessary to prevent or mitigate an emergency. (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. This document is not available on Westlaw. Document the use of the common sense exemption on the CE/CE form. Blasting used in excavation and grading is not exempt. Class 8 regarding urban open space acquisition, and Class 16 for special types of park acquisition, may also apply. The local agency shall retain the notice for not less than 9 months. Class 1 Existing Facility: The project is categorically exempt from CEQA under the Class 1 (14 CCR 15301) exemption per the CEQA Guidelines and per CalGEMs regulations (14 CCR 1684.1) because the well will be installed within an existing oil field and involves no expansion of use of the oil field. Section 15301 lists six different examples of the projects that would be expected to fall within Class 1. 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. School additions are further covered by Class 14. 13. The numbers of structures described in this section are the maximum allowable on any legal parcel. (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. (b) Hours of work, or (c) The project site has no value as habitat for endangered, rare or threatened species. A brief statement of reasons to support the finding. Categorical Exemption Type, Section or Code California Code of Regulations, Title 14, Section 15301 Reasons for Exemption The City of Hanford determined the project to be exempt from environmental review pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines. The key consideration is whether the project involves negligible or no expansion of an existing use. Such encroachments may include the following: The types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices. Thereafter, the clerk shall return the notice The filing of an NOE and the posting on the list of notices starts a 35-day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. (3) A store, motel, office, restaurant, and similar small commercial structure if designed for an occupant load of 30 persons or less. 6. of Historic Preservation pursuant to Section 5028 (b) of Public Resources 7. (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. However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: A lead agency is the public agency that has the principal responsibility for carrying out or approving a project. 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. (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. 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. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. Therefore, responsible agencies must participate early and actively in the lead agency's CEQA process to ensure its concerns are met. 1. Installation and replacement of guide rails and rockfall barriers. 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. For more information on the various types of project approval documents, please refer to the Project Development Procedures Manual Chapter 12. 9. 14, 15301 - Existing Facilities . This includes projects that will remove, destroy, or significantly exempt by statute. disaster stricken area in which a state of emergency has been proclaimed Street openings for the purpose of work under this item are included in this item. a. Such maintenance pertains primarily to existing landscaping, but when combined with Classes 2 and 4(b), this item includes replacement with similar landscaping. (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. 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. (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. This exemption shall also apply to leases and concessions of all departments, boards, and commissions. Replacement of street lighting may be exempted under Class 1(c)(8) above. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). Therefore, these classes will not apply where the project may impact an area of special significance that has been designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: The project site is environmentally sensitive as defined by the Designation of landmarks and historic districts, and other such preservation efforts. 3. 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. of which type of exemption; statutory, categorical (state which class), or common sense. a. CEQA provides a categorical exemption from environmental review for operation, repair, maintenance, or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities or subjective judgments in deciding whether or how the project should 15301 Existing Facilities Reasons for Exemption. CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. Guidelines and by the statutory authorization limiting such exemptions law to the facts as presented but uses no special discretion or judgment Addition of dwelling units within an existing building is included in this item. in reaching a decision. Provide your email address to sign up for news or other topics of interest. (a) Employee wages, Class: 1 Section 15301(a) Reasons for Exemption. The notice is filed with the SCH via CEQA Submit. 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. Code. 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. Examples of such minor cleanup actions include but are not limited to: Tit. (b) Issuance of minor encroachment permits. 21-163 Griffith Park Approval of Proposed Earthquake Early Warning Radio Relay Station; Categorical Exemption from the Provisions of the California Environmental 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. 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. This Class is applicable to property owned by the City and County of San Francisco outside its borders. 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): (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. (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, Categorical Exemption Type, Section or Code. Certain other changes of use are included under Class 3(c). The term "earth" normally means natural materials, but it may include other materials such as demolition debris at locations where they have the required compatibility. Article 19. Categorical Exemptions SECTIONS 15300 TO 15332 15300. CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. 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. (Creation of bicycle lanes is covered under Class 4(h) below.) Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. Note that the limitation on size and number of facilities is different for different categories of uses. (b) Operation of the generating facilities will not change the flow regime in the affected stream, canal, or pipeline including but not limited to: The Categorical Exemption/Categorical Exclusion (CE/CE) In LADWPs subsequent CEQA suit challenging the Countys decisions, the County argued its actions were categorically exempt under the existing facilities exemption in CEQA Guidelines 15301(a). be completed and shall include: The CE/CE form must be retained in the Project file along with any documentation Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. (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. Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: This item covers only the granting of lot line adjustments and variances, not construction that could occur as a result of such approvals. Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. Street closings and equipment for special events. Although occupant loads are not specified for all small commercial uses by local ordinances and regulations, the capacity of 30 persons or less shall be calculated on the basis of the type of use and the floor space available for customers and employees, using the standards of the San Francisco Building Code where applicable. (A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and Projects undertaken, carried out, or approved by a public agency Minor encroachments are encroachments on public streets, alleys, and plazas. 2. Section 15061(b)(3) Describes the common sense exemption (formerly the general rule) that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Section 15062 Describes the procedures for, and advantages of, filing a Notice of Exemption 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. State type and section number: 14 CCR 15301 Class 1, Existing Facilities; 15302 Class 2, Replacement or Reconstruction, 15303 Class 3, New Construction or Conversion of Small Structures, CEQA Guidelines 15304 Class 4, Minor Alterations to Land, and 15314 Class 14, Minor Additions to Schools 5. or when the project has received a determination by the State Office 8. If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. The project may cause a substantial adverse change in the significance Transfer of portions of undeveloped streets to the Recreation and Park Department for development as a park is exempt under this Class. WebCEQA Guidelines Section 21080(b)(4) of the CEQA Statutes; Section 15269 (b & c) of the CEQA Guidelines X Categorical Exemption Section 15301, Class 1 (c) of the Guidelines (State the applicable code number) Statutory Exemption Reasons why the project is exempt: The project is replacing an existing water utility facility that is Box 3044, Room 113 Categorical Exemption. (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines; or (a) Development of or changes in curriculum or training methods. In Removal of dead, seriously damaged, and incurably diseased trees is exempt under this Class. (B) The area in which the project is located is not environmentally sensitive. (1) Rate and volume of flow, Section 15301 of the CEQA Guidelines entails changes to existing facilities. 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