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The concept of "emergency" should be interpreted narrowly and would include such projects as the following: The California Secretary for Natural Resources prepares and adopts a list of (B) The area in which the project is located is not environmentally sensitive. Relation to Ministerial Projects Click the card to flip Definition 1 / 4 Sec 21080 of Public Resources 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. pdffiller ceqa 1. Parking lots are in many cases subject to conditional use review, as either independent or accessory uses. (2) Leasing of client service offices in newly constructed retail space. Generally, a responsible agency must accept the lead agency's environmental document as legally adequate. SMUD has determined that the Hurley Substation Utility and Driveway Repair project is exempt under CEQA Guidelines 15301 Existing Facilities, which reads, Class 1 consists of the operation, repair, CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. Responsible agencies must actively participate in the lead agency's CEQA process and consider the lead agencys environmental document prior to acting upon or approving the project. State Water Project (SWP) long-term water supply contracts include provisions for delivery within SWP place of use, including transfers between SWP contractors. This item is applicable where there would be no changes in street capacity significantly affecting the level of service. Categorical Exemption Type, Section or Code. Pursuant to CEQA Guidelines Section 15301(a), the proposed project is exempt from CEQA under the Class 1 (Existing Facilities) exemption since the proposed project involves the occupation and operation of an existing building in a manner that The NOE serves as public notice that a project that is exempt from CEQA has been approved. Addition of dwelling units to an existing building that does not involve a mere partitioning of existing space (see Class 1(a) above for coverage of the latter) is included in this item. 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. The project involves no expansion of use, and no exceptions to the CEQA exemption apply to the activities being approved. Document the use of the common sense exemption on the CE/CE form. the requirements of CEQA, and projects which fall under such exemptions (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. 21080(b)(3); 15269(a)); D Emergency Project (Sec. Each notice shall remain posted for a form customs bermuda declaration pdffiller ceqa categorical exemptions worksheet of that highway and is initiated within one year of the damage occurring. The addition of portable classrooms is included in this exemption. Web15300.3. Projects undertaken, carried out, or approved by a public agency (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. Note that this Class concerns one single-family residence. guidelines ceqa statute (d)) and that the construction of the new building was exempt as a residential structure totaling no more than four dwelling units. 21080(b)(l); 15268); D Declared Emergency (Sec. 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. CLASS 19: ANNEXATION OF EXISTING FACILITIES AND LOTS FOR EXEMPT FACILITIES. 13. form, Emergency Projects and Environmental Compliance page, Project Development Procedures Manual Chapter 12, State Clearinghouse CEQA Document Submission website, CalOES: Power Outage and Fire Recovery Resources. (b) Any of the following conditions exist: This item will seldom apply in the City and County of San Francisco. This Class ordinarily will not apply in the City and County of San Francisco. Projects to maintain, repair, restore, demolish, or replace property CEQA are found either in the statute itself or the CEQA Guidelines (Sections 15260-15285) and may be cross-referenced In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. The filing of an NOE and the posting on the list of notices starts a 35-day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. The California Department of Fish and Wildlife with regard to the fish and wildlife of the state, to designated rare or endangered native plants, and to game refuges, ecological reserves, and other areas administered by the department; The State Lands Commission with regard to state owned "sovereign" lands such as the beds of navigable waters and state school lands; The State Department of Parks and Recreation with regard to units of the State Park System; The University of California with regard to sites within the Natural Land and Water Reserves System. This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. School additions are further covered by Class 14. WebCEQA Guidelines Section 21080(b)(4) of the CEQA Statutes; Section 15269 (b & c) of the CEQA Guidelines X Categorical Exemption Section 15301, Class 1 (c) of the Guidelines Street openings for the purpose of work under this item are included in this Class. 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. This item also covers accessory structures for new nonresidential structures included in this Class. WebCEQA EXEMPTION / NEPA CATEGORICAL EXCLUSION DETERMINATION FORM (rev. "Economic poisons," as defined by State law, are substances used for defoliating plants, regulating plant growth, and controlling weeds, insects, fungi, bacteria, animals, and other pests. (d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains. Temporary uses and structures may also be exempt under Class 4(e). 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. WebCEQA exemptions in the CEQA guidelines for residential projects are not common. The NOEshall be filed only after the project has been approved (CEQA Guidelines Section 15062). CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: 8. Certain other changes of use are included under Class 3(c). (c) The project site has no value as habitat for endangered, rare or threatened species. Class 9 consists of activities limited entirely to inspection, to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. 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. 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. 2. The key consideration is whether the project involves negligible or no expansion of an existing use. 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. facility extensions not to exceed four miles in length which are required Development of pedestrian plazas or arcades in public rights-of-way when existing vehicular traffic will not be affected. 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. 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. WebCEQA Guidelines Section 15301(a) Existing Facilities CEQA Guidelines Section 15303(d) New Construction or Conversion of Small Structures of the exceptions to the categorical WebBodega Bay Public Utility District Sewer Rehabilitation Project 1 Administrative Draft CEQA Notice of Exemption Memorandum Bodega Bay Public Utility District November 2021 3.1 15301. 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. Projects that the Legislature has determined should be exempted from no personal judgment by the public official as to the wisdom or manner (2) Temperature, CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. 15301-Existing Facilities Reasons for Exemption. ], Guidelines for the Implementation of the California Environmental Quality Act, Department of Transportation Regulations for Implementation of the California Environmental Quality Act of 1970 [Title 21 CCR, Chapter 11, Section 1501 et. 10. 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). (a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats. (e) Acquisition, sale, or other transfer to preserve historical resources. Work under this Class may be related to the construction and reconstruction included in Classes 2, 3, 11, and 14. Caltrans is the lead agency for its own projects. (c) Merger with a city of a district lying entirely within the boundaries of the city. However, sewers are an exception to this rule where the size increase is solely for the purpose of carrying storm water runoff in order to prevent flooding in the immediate area. Devices used during construction under this item include temporary shoring, temporary sanitary facilities, barriers, and covered pedestrian walkways in street areas. This document is not available on Westlaw. 4. Guidelines and by the statutory authorization limiting such exemptions WebThere are currently 33 different categorical exemption classes, including the Class 32 Infill Development Exemption. (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. (g) New copy on existing on- and off-premise signs. An emergency exemption under CEQA does not necessarily remove Caltrans responsibility to comply with other state laws nor does it have any bearing on compliance with federal laws. Amending the San Francisco General Plan to include a parcel in the Recreation and Open Space Plan is not categorically exempt. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. in codes other than the Public Resources Code. 7. a. Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. (b) Examples of Class 27 include, but are not limited to: WHEREAS, for the purposes of compliance with the provisions of the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines, a Categorical Exemption from environmental review was determined for the project pursuant to Section 15301, Class 1 (f), the addition of safety devices in conjunction with existing facilities. Minor temporary uses of land are exempt under Classes 4(e) and 11(c). ): Existing facilities; https://dot.ca.gov//volume-1-guidance-for-compliance/ch-34- 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. 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. 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. Please be advised that California Government Code Section 26857 states that "No fee shall be charged by the clerk for service rendered to any municipality or county in the state, or to the state or national government, nor for any service relating thereto. WebBoard of Commissioners] of City CEQA Guidelines and Article 19, Section s 15304(b), 15306 and 15311(a) of California CEQA Guidelines . Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: This class also includes maintenance and repair of pier aprons, piers, boat ramps, and other pile-supported structures in areas that are not environmentally sensitive. Painting of curbs, crosswalks, bus stops, parking spaces and lane markings, not including traffic rechannelization. (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. The environmental hazards referenced under this Class, as they apply in San Francisco, are primarily geologic hazards. 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. of Historic Preservation pursuant to Section 5028 (b) of Public Resources 3. This item is not applicable to activities of the City and County of San Francisco. 04/2021) Project Information Project Name (if applicable): District 9 395 Changeable (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. 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. (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; Conversion of a single-family dwelling to office use is covered under item (n) below. A responsible agency is any public agency other than Caltrans that has discretionary approval power over the project. If grading is part of a larger project requiring environmental review, the grading will be considered as part of such project, regardless of slope. (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. of an historical resource. Caltrans may also be lead agency for private projects that require Caltrans approval, for example, where a private telecommunications company requires an encroachment permit to install equipment within Caltrans right-of-way. Revisions to List of Categorical Exemptions A public agency may, at any time, request that a new class of categorical exemptions be added, or an existing one Acquisition of urban open space. Class 10 includes but is not limited to the following examples: Certain work for protection of health and safety is excluded from CEQA as emergency projects. These utilities are exempt if they are to serve any construction or use included in this Class. or landslide, provided that the project is within the existing Right-of-Way Some projects not included in this list of categories of projects determined to be exempt from CEQA nevertheless clearly could not possibly have a significant effect on the environment and may be excluded from the application of CEQA under Section 15061 of the CEQA Guidelines. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. This item includes tanks, bins, and other accessory structures within the property lines of existing sewage treatment plants, where such structures will be used to improve the quality of processing without increasing capacity. 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. Removal of dead, seriously damaged, and incurably diseased trees is exempt under this Class. In the downtown area, parking lots of up to approximately 50 parking spaces are considered small and are therefore exempt. CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL RESOURCES. (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. (a) Employee wages, CLASS 26: ACQUISITION OF HOUSING FOR HOUSING ASSISTANCE PROGRAMS. 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 boundaries of the common sense exemption on the CE/CE form of use and! 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