Class 8 will be more often applicable within the borders of the City and County of San Francisco. 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. Section 15304 - Minor Alterations to Land . 14 15302, see flags on bad law, and search Casetext's comprehensive legal database 15300.1. Class 11(c), which lists other types of other seasonal uses, may also apply to projects under this category. CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES. 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). Search for jobs related to Ceqa categorical exemptions 15303 or hire on the world's largest freelancing marketplace with 20m+ jobs. (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. Landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. 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. 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)). 11. The Court then evaluated whether operation of a landfill, or a portion of the operation, was more properly described as operation of a facility or as a minor alteration in the condition of land under the Class 4 categorical exemption (CEQA Guidelines, 15304). Installation of security fencing and gates. . Categorical Exemptions SECTIONS 15300 TO 15332 15300. Continue Reading. (b) Consolidation of two or more districts having identical powers. 1. 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. If a project is not statutorily exempt and a categorical exemption does not apply, it may qualify for the common sense exemption (CEQA Guidelines 15061(b)(3)). 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. 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. 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. 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. Executive Order 12372 and federal grant resources. In urbanized areas, up to three single-family residences may be demolished under this exemption. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The review process pursuant to CEQA. (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. 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. (b) Operation of the generating facilities will not change the flow regime in the affected stream, canal, or pipeline including but not limited to: 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. This Class ordinarily will not apply in the City and County of San Francisco. There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide, regional, or areawide concern identified in Section 15206(b)(4). (State CEQA Guidelines 15300.2) The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . (f) Historical Resources. (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. (1) Meet all the criteria described in Subsection (a), To be exempt under this section, the proposed use of the facility: The term "filling" does not include operation of a dump. (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. G 15183 - Projects . Class 15 may also apply for minor land divisions into four or fewer parcels when no variance is required. (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. The amendment and On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . 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. CLASS 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. Also included are additions of new decks, where they are not accessory structures covered under Class 3(e), and enclosures of existing decks or patios. (f) Application of dust suppressants or dust binders to surface soils; 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 . It's free to sign up and bid on jobs. Acquisition of urban open space. 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. (a) On-premise signs. Street vacations of undeveloped streets rights-of-way are included under this item. CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. 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. NO: Preliminary CEQA analysis is required (c) Working conditions where there will be no demonstrable physical changes outside the place of work. Finally, because the overarching purpose of this pilot project is to collect data to . 15304: Minor alterations to land . In a partially published opinion in Save Lafayette v.City of Lafayette (2022) 85 Cal.App.5th 842, the First District Court of Appeal upheld approval of an affordable housing project in the face of the third in a series of lawsuits filed by a citizens group against it.The Court held that the applicant could resume processing of its application after several years pursuing an alternative . (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. The following exceptions, however, are noted in the State Guidelines. (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. CEQA Guidelines. State type and section number: 15303 New Constr. 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. 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. Notice of Exemption. CEQA Guidelines, Article 19, Section 15332, Class 32. (g) The project will not cause violations of applicable state or federal water quality standards. (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. This exemption does not cover expansions in use or capacity of the facility to be replaced or reconstructed. (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. Minor encroachments are encroachments on public streets, alleys, and plazas. (2) Comply with all applicable state, federal, and local air quality laws. 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. In the downtown area, parking lots of up to approximately 50 parking spaces are considered small and are therefore exempt. Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: 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 . (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. 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. Demurrer, the Kern County Superior Court found that a CEQA petition barred! Is applicable mainly to property owned by the City and County of San.... Superior Court found that a CEQA petition was barred by res judicata in 16: of! Since the time of purchase by the City and County of San Francisco be more applicable... Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do increase! The diversion structure data to area, parking lots of up to approximately 50 parking spaces are considered small are... 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