The Director of CDFW has concurred with the lead agency determination by the California Natural Resources Agency that the Bombay Beach Wetland Enhancement Project (PDF) (opens in new tab) qualifies as a statutorily exempt restoration project under the California Environmental Quality Act (CEQA). 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. 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. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. Categorical Exemptions: Article 19. is diane wells still married to rick bragg . TITLE: Approve Conceptual Plans and Adopt the CEQA Categorical Exemption for the . Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. Categorical exemption is anticipated for this option. 11. The Committee notes that the CEQA Guidelines have two applicable categorical exemptions: Guidelines section 15301(c), the Class 1 exemption, for development of existing facilities, where there is negligible expansion of an existing use, which specifically includes existing bicycle trails; and Guidelines section 15304 (h), the Class 4 exemption . (f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. 2. (3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life, and 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. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. (e) Acquisition, sale, or other transfer to preserve historical resources. a categorical exemption under ceqa. 1. (c) The project site has no value as habitat for endangered, rare or threatened species. Code Regs. A project that would ordinarily be insignificant in its impact on the environment may, in a particularly sensitive or hazardous area, be significant. A categorical exemption cannot be used for a project located at a hazardous waste site included on any list compiled pursuant to Government Code Section 65962.5. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. ther, staff has determined that there is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. (2) Leasing of client service offices in newly constructed retail space. The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. Class 10 consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial institutions. 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 . e. Hazardous Waste Sites. Demolition is not exempt where a structure is a historic resource as defined in CEQA Section 21084.1. Information on how transportation impacts are analyzed under CEQA. Continue Reading. 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. Motels and commercial structures are covered in Class 3(c) below. The term "dwelling unit" or "residential structure" shall also include live/work or loft-style housing units. (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines; or (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. Thus, the restoration of a building after a fire which destroyed all but the foundations is exempt under this item, but had the foundation also required reconstruction, the rebuilding would be exempt under Class 2. Class 5 Minor Alterations in Land Use Limitations : 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 . This item is applicable where there would be no changes in street capacity significantly affecting the level of service. For example, the rental of a stadium or auditorium to various organizations for separate performances is part of the operation of that facility.Examples include but are not limited to: 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. 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 . Kountz was driving a 2013 Kenworth tanker truck westbound on Highway 20 east of . Police Department permits: circus, closing-out sale, auction, temporary loudspeaker, rummage or garage sale. Sections 15300 to 15333 . Minor temporary uses of land are exempt under Classes 4(e) and 11(c). This item is applicable to many instances of proposed school and hospital replacement and reconstruction in San Francisco. (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. Installation and replacement of guide rails and rockfall barriers. If grading is part of a larger project requiring environmental review, the grading will be considered as part of such project, regardless of slope. Under D.12-06-009, the CPUC determined that the projects proposed by Sonic would qualify as exempt under one or more CEQA categorical exemptions. In addition, as noted above and further described below, categorical exemptions cannot be used when any of the "Exceptions" Major Development Agreements and Projects, Historic Preservation Commission Hearings. This exemption, when applicable, shall apply among other things to the issuance of permits by the Central Permit Bureau; the Police, Fire, Public Health, and Social Services Departments; and the Port of San Francisco Building Inspection and Permits Division. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . (1) Leasing of administrative offices in newly constructed office space. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. Such encroachments may include the following: Pursuant to CEQA Guidelines Section 15062, a 35day statute of limitations for this CEQA exemption - shall apply from the date a Notice of Exemption is posted with the San Diego County Clerk, or a 180- The project 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 . Installation, modification and replacement of traffic signals, where no more than a negligible increase in use of the street will result. CLASS 26: ACQUISITION OF HOUSING FOR HOUSING ASSISTANCE PROGRAMS. (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. or threatened plant or animal species or significant erosion and sedimentation of surface waters.This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection . Fire Department permits: public fireworks display, tent. CLASS 25: TRANSFERS OF OWNERSHIP OF INTEREST IN LAND TO PRESERVE EXISTING NATURAL CONDITIONS. Operations of facilities in this Class are of an on-going nature. When considered together with other classes, it must be construed to include small structures and facilities for industrial, institutional, and public use. Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. 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. (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: The acquisition or sale of land in order to establish a park where the land is still in its natural condition may be exempted under Class 16. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or The definition of individual small structures under this Class is similar to but not exactly the same as that found under Class 3, below. (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. Historical Resources. Accessory structures for existing nonresidential structures are covered by Class 11. 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. (3) Shall not result in a traffic increase of greater than 10% of front access road capacity, and (b)(3)). 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. 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. Section 15304 - Minor Alterations to Land . The California Environmental Quality Act (CEQA) map below displays Exemptions (Categorical, Statutory and Community Plan Exemptions), Mitigated Negative Declarations and Environmental Impact Reports related to applications filed with the San Francisco Planning Department.Amendments to Chapter 31 of the San Francisco Administrative Code that became effective as of September 25, 2013 require the . Modification and replacement of traffic signals, where no more than a negligible increase in use of street! Project. & quot ; TRANSFERS of OWNERSHIP of INTEREST in land to preserve EXISTING CONDITIONS. Newly constructed office space 26: Acquisition of HOUSING for HOUSING ASSISTANCE PROGRAMS spoil area authorized by applicable. Purchase by the public agency must comply with CEQA when it undertakes an activity defined by CEQA.! In use of the street will result reconstruction in San Francisco,,. 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