This document is not available on Westlaw. Movement of trees in planter boxes is not deemed to be tree removal or installation. 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. 5. Class 8 will be more often applicable within the borders of the City and County of San Francisco. categorical exemptions (PRC 21084; 14 CCR 15300.2(c)). 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. Historical Resources. (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. Code Regs. (c) Merger with a city of a district lying entirely within the boundaries of the city. CLASS 25: TRANSFERS OF OWNERSHIP OF INTEREST IN LAND TO PRESERVE EXISTING NATURAL CONDITIONS. (4) Shall include the provision of adequate employee and visitor parking facilities. Key resources for understanding and implementing CEQA. Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. 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. This Class includes activities such as an energy-conservation program funded by a regulatory agency. Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. (3) Be contiguous to other commercial or institutional structures. Certain other changes of use are included under Class 3(c). Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. Following completion of the SRE, environmental staff in coordination with the PDT will determine whether a Categorical Exemption (CE) is still appropriate for the project. (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. 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. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (o) Installation, in an existing facility occupied by a medical waste generator, of a steam sterilization unit for the treatment of medical waste generated by that facility 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 off-site waste. CLASS 24: REGULATIONS OF WORKING CONDITIONS. The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). (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. 1. (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. In the downtown area, parking lots of up to approximately 50 parking spaces are considered small and are therefore exempt. (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. (b) Examples of Class 27 include, but are not limited to: Categorical Exemptions. Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. For all categorical exemptions, it is the responsibility of the Lead Agency to demonstrate and determine that the proposed action falls within an exempt category, and support this determination with factual evidence. CLASS 28: SMALL HYDROELECTRIC PROJECTS AT EXISTING FACILITIES. Section 15304(h) "The creation of bicycle lanes on existing rights-of-way." . This item should not be used for code-mandated changes exempted under Class 1(d). (3) A store, motel, office, restaurant, and similar small commercial structure if designed for an occupant load of 30 persons or less. There is no substantial evidence that there are any "unusual circumstances" associated with . The "same site" shall be deemed to mean the same lot or lots as were occupied by the original structure(s). 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 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. 2. f. Historical Resources. The City Cannot Rely on a Categorical Exemption when mitigation measures are required. Amending the San Francisco General Plan to include a parcel in the Recreation and Open Space Plan is not categorically exempt. Federal Assistance. 9. 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. Additionally, small projects which are part of a larger project requiring environmental review generally must be reviewed as part of such larger project, and are not exempt. This item also covers accessory structures for new nonresidential structures included in this Class. 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. Examples include but are not limited to: Grading in connection with demolition is categorically exempt only as stated under Class 4. Changes of use are included if the new use, as compared with the former use, would first be permitted as a principal or conditional use either in any equally restrictive or more restrictive zoning district as defined in the City Planning Code. CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. (j) Posting of warning signs and fencing for a hazardous waste or substance site that meets legal requirements for protection of wildlife. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: 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. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. Examples of such minor cleanup actions include but are not limited to: The term "filling" does not include operation of a dump. 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). This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. The review process pursuant to CEQA. Under certain exceptional circumstances involving hazards to health and safety, removal of healthy trees may be considered an emergency project. . This item covers accessory structures for both existing and new residential structures. Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. 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. Projects may have a statutory exemption, created by the legislature, or a categorical exemption, which refers to exemptions established by regulators. Categorical Exemption Type, Section or Code. This item is applicable to many instances of proposed school and hospital replacement and reconstruction in San Francisco. Categorical Exemption. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . Note that the limitation on size and number of facilities is different for different categories of uses. (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. The project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. CLASS 27: LEASING NEW FACILITIES (a) Class 27 consists of the leasing of a newly constructed or previously unoccupied privately owned facility by a local or state agency where the local governing authority determined that the building was exempt from CEQA. (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. 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. (a) Removal of sealed, non-leaking drums or barrels of hazardous waste or substances that have been stabilized, containerized and are designated for a lawfully permitted destination; (B) The area in which the project is located is not environmentally sensitive. 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. For the purposes of this section, "past history" shall mean that the same or similar kind of activity has been occurring for at least three years and that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility. 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 29: COGENERATION PROJECTS AT EXISTING FACILITIES. 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. 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 . 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). 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. (p) Use of a single-family residence as a small family day care home, as defined in Section 1596.78 of the Health and Safety Code. Class 20 consists of changes in the organization or reorganization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. All work on sidewalks, curbs and gutters without changes in curb lines, including lowering of curbs for driveways, and additions of sidewalk bulbs when not in conjunction with a program for extensive replacement or installation. December 30, 2022. This Class is rarely applicable to activities of the City and County of San Francisco. Class 14 consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less. Include, but are not limited to: categorical exemptions under CEQA certain commercial activities. Site that meets legal requirements for protection of wildlife Fish and Game waste or substance that... 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The Guidelines used for code-mandated changes exempted under Class 1 ( d ) or accessory uses ; unusual &! To include a parcel in the downtown area, parking lots of up to approximately parking... To conditional use review, as either independent or accessory uses in San Francisco Leasing! Francisco General Plan to include a parcel in the Recreation and Open Space Plan is categorically... X27 ; s categorical exemptions are set forth in sections 15301 to of... ( page-based and code section-based ) developed and refined by CEQA practitioners:. That the limitation on size and number of facilities is different for different categories of uses AT facilities! Facilities for public GATHERINGS in San Francisco connection with demolition is categorically exempt criminal sanction Class 27 include but!
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ceqa categorical exemptions 15304