CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. 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. (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 This item applies only to property owned by the City and County of San Francisco outside its borders. In urbanized areas, this exemption applies to duplexes and similar structures where no more than six dwelling units will be demolished. 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. 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. (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. Unsubscribe at any time. (Guidelines . (c) Reversion to acreage in accordance with the Subdivision Map Act. Categorical Exemption: 21084 . Projects as proposed may not be approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the project's significant environmental impacts (Public Resources Code 21002). 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. Examples include but are not limited to: CEQA applies to certain activities of state and local public agencies. CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. 14 15302, see flags on bad law, and search Casetext's comprehensive legal database The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. 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. Landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. Removal of dead, seriously damaged, and incurably diseased trees is exempt under this Class. This exemption does not cover expansions in use or capacity of the facility to be replaced or reconstructed. Planning staff evaluated all the potential exceptions to the use of Categorical Exemptions for the proposed Project (in accordance with CEQA Guidelines Section 15300.2) and determined that none of these exemptions apply as explained below: Cumulative Impact -"All exemptions for these classes are inapplicable when the cumulative Historical Resources. Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. Categorical exemptions are authorized by section 21084, subdivision (a), which states: 17. e. Hazardous Waste Sites. Class 25 includes open space acquisition in some special circumstances. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. State type and section number: 15303 New Constr. 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. (n) Conversion of a single-family residence to office use. . Blasting used in excavation and grading is not exempt. No exceptions apply that would . Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. Accessory structures for existing nonresidential structures are covered by Class 11. (b) Issuance of minor encroachment permits. Categorical Exemptions. 12. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387).Examples of this exemption include but are not limited to: (c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. There is no substantial evidence that there are any "unusual circumstances" associated with . tit. 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. This item should not be used for code-mandated changes exempted under Class 1(d). Replacement of light standards and fixtures, not including a program for extensive replacement throughout a district or along an entire thoroughfare. (PRC 21084; 14 CCR 15300 et seq.) Section 15304(h) "The creation of bicycle lanes on existing rights-of-way." . Installation and replacement of guide rails and rockfall barriers. Categorical Section 15304 Class 4 (b) County CEQA Guidelines Categorical Exemption Class 1 (j) County CEQA Guidelines Categorical Exemption Class 3 (a) County CEQA Guidelines Categorical Exemption Class 4 (c) Reasons why project is exempt: The project is consistent with State Guidelines for the implementation of CEQA. 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. Street openings for the purpose of work under this item are included in this item. Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. The pro: ject 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 land and/or vegetation within a densely developed oil field and does not require the removal of healthy, mature (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 As a general rule, such replacements will not involve any increase in size of a structure or facility. CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. 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. 8. Grading in connection with demolition is categorically exempt only as stated under Class 4. These utilities are exempt if they are to serve any construction or use included in this Class. If it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. A categorical exemption shall not be used for a project which may cause a Continue Reading. 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. 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. & 15304 Minor Alterations to Land. 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. (Pub. . Any project that either receives state funding or requires a state-level permit is affected by CEQA. Sections 15301(h) and 15304(b) of California CEQA Guidelines Priya Macwan Management Assistant, , Special Operations Branch, presented Board Report No. 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: 7. [Revised and Adopted by the San Francisco Planning Commission Resolution No. Section 15304, Minor Alterations to Land Reasons for Exemption . 4. The Secretary for Resources has found that the classes of projects listed in Article 19 . School additions are further covered by Class 14. (g) The project will not cause violations of applicable state or federal water quality standards. (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel. (c) The project site has no value as habitat for endangered, rare or threatened species. CEQA Guidelines. Street reconstruction within existing curb lines. (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. Replacement of utility and transit power lines and equipment in existing locations and capacities is included in this item. Replacement of street lighting may be exempted under Class 1(c)(8) above. Street closings and equipment for special events. CEQA Guidelines, Article 19, Section 15332, Class 32. 15300.3 - Revisions to List of Categorical Exemptions 15300.4 - Application by Public Agencies 15301 - Existing Facilities 15302 - Replacement or Reconstruction 15303 - New Construction or Conversion of Small Structures 15304 - Minor Alterations to Land 15305 - Minor Alterations in Land Use Limitations CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. Port of San Francisco special events, public gatherings, athletic events, filming, commemorations, market places, fairs and construction of temporary tents and buildings to accommodate such uses. Certain other changes of use are included under Class 3(c). PRC Section 21084 requires the CEQA 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 be exempt from the provisions of CEQA. The addition of portable classrooms is included in this exemption. (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. A categorical exemption from CEQA rests on a finding by the Resources Agency that a class or category of projects does not have a significant adverse environmental effect; a lead agency's finding that a proposed project falls within one of the exempt classes thus includes an implied finding that the project has no significant environmental . The proponent must demonstrate use of qualified personnel (e.g. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 - Information Collection. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. 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. (3) Be contiguous to other commercial or institutional structures. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . In an area where services are not available for maximum permitted development, the 50 percent or 2,500-square-foot limitation will apply. (2) A duplex or similar multifamily residential structure. CEQA Categorical Exemption for Design Review 22-08-506 - APN 612-110-023, -024 and -026, Premium Packing Parking Lot . (h) The creation of bicycle lanes on existing rights-of-way. The project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. Kountz was driving a 2013 Kenworth tanker truck westbound on Highway 20 east of . 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. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. 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. (e) Excavation and/or off site disposal of contaminated soils or sludges in regulated units; Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). It's free to sign up and bid on jobs. (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). CLASS 22: EDUCATIONAL OR TRAINING PROGRAMS INVOLVING NO PHYSICAL CHANGES. This document is not available on Westlaw. Class 11 consists of construction, or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: 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. Fire Department permits: public fireworks display, tent. (b) Hours of work, or 6. is diane wells still married to rick bragg . Grading on land with a slope of 10 percent or more for more buildings than are exempted under Class 3 will not be exempt, however. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. No cleanup action shall be subject to this Class 30 exemption if the action requires the on site use of a hazardous waste incinerator or thermal treatment unit, with the exception of low temperature thermal desorption, or the relocation of residences or businesses, or the action involves the potential release into the air of volatile organic compounds as defined in Health and Safety Code section 25123.6, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local Air Pollution Control District or Air Quality Management District.
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