(f) Historical Resources. This item is applicable to schools at which attendance satisfies the requirements of the compulsory education laws of the State of California. 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. tit. 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. 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. (3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life, and An example would be the statutory CEQA exemption found in Senate Bill 35 (2017). Class 8 will be more often applicable within the borders of the City and County of San Francisco. . Provide your email address to sign up for news or other topics of interest. Changes in traffic and parking regulations, including installation and replacement of signs in connection therewith, where such changes do not establish a higher speed limit along a significant portion of the street and will not result in more than a negligible increase in use of the street. (Then see Class 31.) Class 31 consists of projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer. This Class includes: 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. This Class is applicable mainly to property owned by the City and County of San Francisco outside its borders, but may include natural shorelines and undeveloped natural areas. (b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. 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. 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. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. The proponent must demonstrate use of qualified personnel (e.g. 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. 2. SB 35 requires . (1) Leasing of administrative offices in newly constructed office space. Categorical exemption is anticipated for this option. 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 . (j) Posting of warning signs and fencing for a hazardous waste or substance site that meets legal requirements for protection of wildlife. (PRC 21084; 14 CCR 15300 et seq.) The addition of portable classrooms is included in this exemption. 6. Note that the limitation on size and number of facilities is different for different categories of uses. 2. (b) Maintenance or stabilization of berms, dikes, or surface impoundments; 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. Commonly Used Exemptions (reference: this website) Class 1 is the "existing facilities" exemption. Note that this item applies to restoration or rehabilitation of an existing structure, rather than replacement or reconstruction, which is exempt under Class 2. a categorical exemption under ceqa. 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 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 . (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. (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. & 15304 Minor Alterations to Land. 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. This Class ordinarily will not apply in the City and County of San Francisco. 2. Designation of landmarks and historic districts, and other such preservation efforts. This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions. NO: Preliminary CEQA analysis is required Public gatherings that are part of the normal operation of a facility are exempt under Class 23. 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. It includes one of any kind of dwelling unit. G 15061(b)(3) - It can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the activity is not subject to the CEQA. It is permissible to restore or rehabilitate a structure to prevent seismic damage under this item, except in the case of a historical resource. Consideration should be given to categorical exemptions (continue to step II B). Accessory structures covered by this item may be either separate or attached to the main structure, although attached structures are also covered by Class 1(e) in many cases. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. (b) Consolidation of two or more districts having identical powers. 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. (b) Any of the following conditions exist: (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). 5. Addition of dwelling units within an existing building is included in this item. 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 . CEQA Exemptions. 16. Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. 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. Attachments. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). (2) A duplex or similar multifamily residential structure. (c) Acquisition, sale, or other transfer to allow restoration of natural conditions, including plant or animal habitats. There is no substantial evidence that there are any "unusual circumstances" associated with . CLASS 24: REGULATIONS OF WORKING CONDITIONS. (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). Second, all classes of exemption are inapplicable when the cumulative impact of successive projects of the same type in the same place over time is significant -- for example, annual additions to an existing building under Class 1. (b) Hours of work, or (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. Where public services are already available for the maximum development allowable and where the area is not historically significant, or subject to landslide hazard, the 10,000-square-foot addition will normally apply in San Francisco. CEQA Guidelines. In urbanized areas, up to three single-family residences may be demolished under this exemption. (b) Operation of the generating facilities will not change the flow regime in the affected stream, canal, or pipeline including but not limited to: First, Classes 3, 4, 5, 6, 11, and 32 are qualified by consideration of where the project is to be located. Major Development Agreements and Projects, Historic Preservation Commission Hearings. Class 19 consists of only the following annexations: (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. day statute of limitations for this CEQA exemption shall apply if no Notice of Exemption is filed. No exceptions apply that would . 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. (1) Rate and volume of flow, 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. (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 15300. Examples include but are not limited to: (a) On-premise signs. 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. Most sales of surplus property other than land are non-physical actions, but such sales may also include sale of buildings for removal from the site and sale of transportation equipment. Categorical Exemptions . * CLASS 5: MINOR ALTERATIONS IN LAND USE LIMITATIONS. Kountz was driving a 2013 Kenworth tanker truck westbound on Highway 20 east of . This Class is applicable to property owned by the City and County of San Francisco outside its borders. (c) Reversion to acreage in accordance with the Subdivision Map Act. (d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood. 13. (c) Construction or maintenance of interim or temporary surface caps; CLASS 18: DESIGNATION OF WILDERNESS AREAS. Categorical Exemptions . Replacement of existing drainage facilities. Acquisition of urban open space. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or Repair and replacement of bicycle ways, pedestrian trails, and dog exercise areas, and signs so designating, where to do so will not involve the removal of a scenic resource. Street furniture: planter boxes, vending stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs. 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. Note that if only part of a structure is to be replaced or reconstructed, such activity may be exempt under Class 1(a) or (d). Which attendance satisfies the requirements of the compulsory education laws of the normal operation of a facility are under. Sign up for news or other transfer to allow restoration of natural conditions, including plant or animal habitats Resources! Provide your email address to sign up for news or other topics of interest in this exemption 5 MINOR... Stands, benches, bicycle racks, litter boxes, telephone booths, interpretive signs maintenance of or... 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