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. (1) Leasing of administrative offices in newly constructed office space. . 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. Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 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. The term "filling" does not include operation of a dump. Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. (c) Construction or maintenance of interim or temporary surface caps; The project consists of new construction which is exempt from CEQA per Section 15303/15304 County Clerk. December 30, 2022. Sections 15301(h) and 15304(b) of California CEQA Guidelines Priya Macwan Management Assistant, , Special Operations Branch, presented Board Report No. (Sections 15301 to 15333 of the CEQA Guidelines) The City of Morgan Hill does not regularly use the Class 32 CEQA Exemption because the majority of . Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. Categorical exemptions are authorized by section 21084, subdivision (a), which states: New construction and changes of use of industrial uses are also included when 10,000 square feet or less. CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. (3) Shall not result in a traffic increase of greater than 10% of front access road capacity, and This item includes short extensions of water mains for the purpose of eliminating dead-end mains to improve circulation and water quality in service to existing development. (3) Be contiguous to other commercial or institutional structures. Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. v. City & County of San Francisco (Nov. 18, 2022, A164629) . The utility extensions may serve a number of new structures built separately. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. CLASS 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. Certain other changes of use are included under Class 3(c). The California Environmental Quality Act (CEQA) and the Guidelines for implementation of CEQA adopted by the Secretary of the California Resources Agency require that local agencies adopt a list of categorical exemptions from CEQA. (b) Issuance of minor encroachment permits. (h) Pumping of leaking ponds into an enclosed container; Please be aware that this technical advisory does not provide an exhaustive list; . (b) Maintenance or stabilization of berms, dikes, or surface impoundments; (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. 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. Replacement of existing drainage facilities. Section 15304 of the CEQA Guidelines considers as exemptions: "minor public or private alteration in the condition of land, water, and/or vegetation which do not involve removal of mature, scenic trees except for . In St. Ignatius Neighborhood Assn. (4) Shall include the provision of adequate employee and visitor parking facilities. 1. The addition of portable classrooms is included in this exemption. CLASS 28: SMALL HYDROELECTRIC PROJECTS AT EXISTING FACILITIES. This item covers only the granting of lot line adjustments and variances, not construction that could occur as a result of such approvals. 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 (B) The area in which the project is located is not environmentally sensitive. 15301 Class 1(c). * CLASS 5: MINOR ALTERATIONS IN LAND USE LIMITATIONS. NO: Preliminary CEQA analysis is required 14 15302, see flags on bad law, and search Casetext's comprehensive legal database Temporary uses and structures may also be exempt under Class 4(e). The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. Resurfacing and patching of streets. Such maintenance pertains primarily to existing landscaping, but when combined with Classes 2 and 4(b), this item includes replacement with similar landscaping. 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 . (3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life, and (b)(3)). Water supply reservoirs under this item supplement the water systems under Class 1(b) above. 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. Categorical Exemptions: Article 19. Installation and replacement of guide rails and rockfall barriers. Class 17 consists of the establishment of agricultural preserves, the making and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to maintain the open space character of the area. Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. Categorical Exemption: 21084 . A categorical exclusion (CE) is a class of actions that a Federal agency has determined, after review by CEQ, do not individually or cumulatively have a significant effect on the human environment and for which, therefore, neither an environmental assessment nor an environmental impact statement is normally required. exempt from the california environmental quality act pursuant to ceqa guidelines sections 15301(c) (existing facilities), 15303 (new construction or conversion of small structures), 15304(h) (minor alterations to land), and 15311 (accessory structures); and that none of the exceptions to the exemptions found in ceqa guidelines section 15300.2 . (b) Consolidation of two or more districts having identical powers. 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. (a) Establishment of a subsidiary district. (2) Leasing of client service offices in newly constructed retail space. (i) Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters. Categorically Exempt. Fire Department permits: public fireworks display, tent. 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 19 consists of only the following annexations: Class 25 includes open space acquisition in some special circumstances. The Secretary for Resources has found that the classes of projects listed in Article 19 . Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. 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. 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: Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. Leases of government property are not included in this Class. Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. (g) The project will not cause violations of applicable state or federal water quality standards. Section 15304 of the CEQA Guidelines permits, as a categorical exemption, the minor alteration of land or vegetation that does not involve removal of mature, scenic trees. The proponent must demonstrate use of qualified personnel (e.g. (a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats. A. . 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. 1. (1) Meet all the criteria described in Subsection (a), (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 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. These classes have been marked with an asterisk (*) as a reminder. Examples include but are not limited to: (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. . 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. This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. Executive Order 12372 and federal grant resources. 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 . CEQA Guidelines, Article 19, Section 15332, Class 32. Public gatherings that are part of the normal operation of a facility are exempt under Class 23. Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: Accessory structures for existing nonresidential structures are covered by Class 11. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. 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. 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. This exemption shall also apply to leases and concessions of all departments, boards, and commissions. (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. Development of pedestrian plazas or arcades in public rights-of-way when existing vehicular traffic will not be affected. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. This Class applies only to land that is presently in its natural condition and/or contains historic or archaeological sites. (e) Additions to existing structures provided that the addition will not result in an increase of more than: 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. Setback variances include both front and rear yard variances and modification or abolition of legislated setback lines. 5. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. (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). 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. Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. (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. In the list that follows, the classes set forth in CEQA Guidelines Sections 15301 - 15332 are shownin bold italics,with further elaboration or explanation for applying these exemptions in San Francisco shown in normal upper- and lower-case type. Acquisition of urban open space. No exceptions apply that would . (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel. This Class includes: Federal Assistance. Examples include but are not limited to: (a) Development of or changes in curriculum or training methods. 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