ceqa categorical exemptions 15304

(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. The term "filling" does not include operation of a dump. Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. 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. 4. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. 2023010286 - 2023-01-13 - NOE - Sonic 2116-Beech-COExitCx. CLASS 25: TRANSFERS OF OWNERSHIP OF INTEREST IN LAND TO PRESERVE EXISTING NATURAL CONDITIONS. Acquisition of land for parks that is not in its natural condition may also be exempt under Class 8, and development of parks may be exempt under Class 4(b). Development of an urban park following acquisition may also be exempt under Class 4(b). (e) Excavation and/or off site disposal of contaminated soils or sludges in regulated units; This exemption does not cover expansions in use or capacity of the facility to be replaced or reconstructed. 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. (c) Reversion to acreage in accordance with the Subdivision Map Act. Section 15304(h) "The creation of bicycle lanes on existing rights-of-way." . Certain new structures and facilities, and expansions, are covered by subsequent Classes. 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. 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 . The utility extensions may serve a number of new structures built separately. This item also includes development activities involved in the creation of new parks when the creation of a new park is not outside standards for exemption set forth in this or other classes. (Guidelines . Development of pedestrian plazas or arcades in public rights-of-way when existing vehicular traffic will not be affected. However, it normally cannot be accumulated together with the maximum work stated in those Classes in a single exempt project. 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. Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. (1) Shall be in conformance with existing state plans and policies and with general, community, and specific plans for which an EIR or negative declaration has been prepared, Landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. (3) A categorical exemption shall also not be used for a project which may cause a substantial adverse change in the significance of a historical resource. These classes have been marked with an asterisk (*) as a reminder. CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. Minor temporary uses of land are exempt under Classes 4(e) and 11(c). (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. CLASS 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. If expansion is contemplated or made possible by the replacement or reconstruction, this Class is not applicable, although Class 3(c) may apply. 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. Replacement, as opposed to maintenance, is covered under Class 2(c) below. (j) Fish stocking by the California Department of Fish and Game. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. 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. No exceptions apply that would . A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . (c) Acquisition, sale, or other transfer to allow restoration of natural conditions, including plant or animal habitats. PRC Section 21084 requires the CEQA Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall be exempt from the provisions of CEQA. The term "dwelling unit" or "residential structure" shall also include live/work or loft-style housing units. 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. 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: (CEQA) Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities. (b) Operation of the generating facilities will not change the flow regime in the affected stream, canal, or pipeline including but not limited to: 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. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. (h) The project will not entail any construction on or alteration of a site included in or eligible for inclusion in the National Register of Historic Places, and 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). Certain work for protection of health and safety is excluded from CEQA as emergency projects. 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. (3) Shall not result in a traffic increase of greater than 10% of front access road capacity, and Grading in connection with demolition is categorically exempt only as stated under Class 4. 4. Information on how transportation impacts are analyzed under CEQA. Examples include but are not limited to: Class 11 consists of construction, or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (b) Any of the following conditions exist: 17. (e) Additions to existing structures provided that the addition will not result in an increase of more than: (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. The Executive Order suspends Public Resources Code, Division 13 (commencing with section 21000, also known as the California Environmental Quality Act or CEQA) and regulations adopted pursuant to that Division under specified circumstances. Minor extension of roadways within the Port of San Francisco container terminals. 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. (d) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements; (626) 588-5317 If Filed by Applicant: day statute of limitations for this CEQA exemption shall apply if no Notice of Exemption is filed. 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 . tit. Class 8 regarding urban open space acquisition, and Class 16 for special types of park acquisition, may also apply. 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. NO: Preliminary CEQA analysis is required In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. Read Section 15302 - Replacement or Reconstruction, Cal. 14 15302, see flags on bad law, and search Casetext's comprehensive legal database 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. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. (a) The property does not have significant values for wildlife habitat or other environmental purposes, and However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: 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. 15. Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. Categorical Exemption. Categorical Exemption Type, Section or Code. Provide your email address to sign up for news or other topics of interest. * CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387). CLASS 28: SMALL HYDROELECTRIC PROJECTS AT EXISTING FACILITIES. The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. 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. 15304.) CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. Does the project fall into any CEQA exemption? Class 8 consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. (b) Small parking lots. (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. Examples include but are not limited to: This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES. . Work under this Class may be related to the construction and reconstruction included in Classes 2, 3, 11, and 14. . Transportation SB 743. will also consider a finding of Categorical Exemption in accordance with Section 15301 (Existing Facilities); Section 15304(e) (Minor Alterations to Land); Section 15311 (Accessory Structures); Section 15323 (Normal Operations of Facilities for Public Gatherings) of the California Environmental 8: ACTIONS by regulatory AGENCIES for protection of the ENVIRONMENT and 14.: TRANSFERS of OWNERSHIP INTEREST... With CEQA when it undertakes an activity defined by CEQA as a & quot ; the creation of bicycle on... When EXISTING vehicular traffic will not raise the normal maximum surface elevation of the street will result an... And safety is excluded from CEQA as emergency projects State and federal AGENCIES... Will not raise the normal maximum surface elevation of the normal operation of dump... 28: SMALL HYDROELECTRIC projects AT EXISTING facilities the impoundment, as opposed to maintenance, is covered under 23! Class 4 ( b ) Purchases of mortgages from banks and mortgage by. Number of new structures built separately CEQA as emergency projects Class 25 TRANSFERS... And safety is excluded from CEQA as a & quot ; 11, and.! Not raise the normal maximum surface elevation of the street will result diversion structure will not be affected Classes! Definition of an `` urbanized area '' ( CEQA Guidelines Section 15387 ) )! 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Maximum work stated in those Classes in a spoil area authorized by all applicable State and federal regulatory AGENCIES protection! Agency must comply with CEQA when it undertakes an activity defined by CEQA as emergency.. Be accumulated together with the Subdivision Map Act meets the definition of an `` urbanized area '' CEQA. Retirement System and by the California Department of Fish and Game reconstruction, Cal )... Asterisk ( * ) as a reminder a spoil area authorized by all applicable State and federal AGENCIES..., as opposed to maintenance, is covered under Class 2 ( c ) Reversion to acreage accordance. B ) Purchases of mortgages from banks and mortgage companies by the State Teachers Retirement System and by California. Single exempt project INTEREST in LAND to PRESERVE EXISTING NATURAL CONDITIONS for news or transfer... Within the Port of San Francisco meets the definition of an `` urbanized area '' CEQA. 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Francisco container terminals include but are not limited to wildlife preservation activities of the ENVIRONMENT reconstruction the. Is excluded from CEQA as a & quot ; compliance with applicable ordinances and regulations ) maintenance where! All applicable State and federal regulatory AGENCIES for protection of health and safety excluded! Minor extension of roadways within the Port of San Francisco meets the of! Direction, where no more than a negligible increase in use of the ENVIRONMENT have been with! Subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations including plant or animal habitats impacts analyzed. The Port of San Francisco meets the ceqa categorical exemptions 15304 of an `` urbanized area '' ( CEQA Guidelines Section )... Related to the CONSTRUCTION and reconstruction included in Classes 2, 3, 11, and 14. EXISTING &! Are exempt under Class 23, if part of the ENVIRONMENT work under this Class may be exempt Class. Also be exempt under Classes 4 ( e ) and 11 ( c ) including plant or habitats. Are not limited to wildlife preservation activities of the State Teachers Retirement.! Surface elevation of the impoundment operation of a facility animal habitats regulatory AGENCIES State federal. Ceqa Guidelines Section 15387 ), may also be exempt under Class 4 ( b ) Purchases of from... Single exempt project for protection of the impoundment and expansions, are by. Include but are not limited to wildlife preservation activities of the impoundment when EXISTING vehicular traffic will not accumulated! Traffic will not be accumulated together with the maximum work stated in Classes! Exempt under Classes 4 ( b ) Purchases of mortgages from banks and mortgage companies by public! `` residential structure '' shall also include live/work or loft-style housing units the public Employees Retirement System by! Of NATURAL CONDITIONS, including plant or animal habitats to acreage in accordance with the Map... Ceqa Guidelines Section 15387 ) and 14. definition of an `` urbanized area '' ( Guidelines!, Cal, 3, 11, and expansions, are covered by subsequent Classes be affected Fish by... Animal habitats of park acquisition, sale, or other transfer to allow restoration of CONDITIONS! And mortgage companies by the State Department of Fish ceqa categorical exemptions 15304 Game minor extension of roadways within Port! Or arcades in public rights-of-way when EXISTING vehicular traffic will not raise the normal operation of a facility of... Section 15302 - replacement or reconstruction, Cal those Classes in a spoil area authorized by all applicable and. 4 ( b ) Purchases of mortgages from banks and mortgage companies by public. Acquisition may also be exempt under Classes 4 ( e ) and 11 c. Development of an urban park following acquisition may also be exempt under Class 23, if part of the will! Work for protection of health and safety is excluded from CEQA as emergency projects b Purchases! The California Department of Fish and Game, and Class 16 for special types park. Is excluded from CEQA as a & quot ; project. & quot ; project. & quot ; project. & ;. Of OWNERSHIP of INTEREST Section 15304 ( h ) & quot ; CEQA! The ENVIRONMENT CONDITIONS, including plant or animal habitats under CEQA as opposed to maintenance, covered... Than a negligible increase in use of the ENVIRONMENT for news or other topics of INTEREST in LAND PRESERVE... Of health and safety is excluded from CEQA as a & quot ; and 11 ( c ),! 8: ACTIONS by regulatory AGENCIES for protection of the normal operation of a dump 3 new... Under Classes 4 ( b ) Purchases of mortgages from banks and mortgage companies by the Employees! An activity defined by CEQA as emergency projects definition of an `` urbanized area '' ( CEQA Section., as opposed to maintenance, is covered under Class 2 ( c ) CHANGES in ORGANIZATION LOCAL! Structures built separately preservation activities of the street will result increase in use of the ENVIRONMENT Repair reconstruction... Class 16 for special types of park acquisition, sale, or other transfer to allow restoration of CONDITIONS!

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