ceqa categorical exemptions 15301

The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. 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. (g) Controls for surface water run-on and run-off that meets seismic safety standards; 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. Addition and removal of trees and other plant materials on private property does not require a permit. A brief statement of reasons to support the finding. 15301-Existing Facilities Reasons for Exemption. Projects that (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. 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. (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or Public gatherings that are part of the normal operation of a facility are exempt under Class 23. (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. Categorical exemptions are identified by that a project on the State Highway System is exempt from CEQA and has signed the CE/CE form, a Notice of Exemption (NOE) must be filed with the SCH. Such uses might have certain temporary effects of a nuisance nature, but such effects are to be controlled by the regulatory department issuing permits for such uses. State Water Project (SWP) long-term water supply contracts include provisions for delivery within SWP place of use, including transfers between SWP contractors. Installation and replacement of guide rails and rockfall barriers. WebNotice of Exemption Form D . Cleaning and other maintenance of all facilities. The California Environmental Quality Act (CEQA) and the Guidelines for implementation of CEQA adopted by the Secretary of the California Resources Agency require that local agencies adopt a list of categorical exemptions from CEQA. A responsible agency is any public agency other than Caltrans that has discretionary approval power over the project. Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. "Emergency" includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage." 1. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. ENVIRONMENTALSTATUS: Categorical exemption for replacement landscaping, per State CEQA Guidelines Sections 15304(b)--this proposal falls within a class of projects which the State has determined not to have a significant effect on the environment. CEQA provides a categorical exemption from environmental review for operation, repair, maintenance, or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (3) Be contiguous to other commercial or institutional structures. (a) Actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. 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. (2) Temperature, Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. 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. (b) Any of the following conditions exist: (e) The site can be adequately served by all required utilities and public services. (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. 11. 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 It must be observed that categorical exemptions are to be applied only where projects have not already been excluded from CEQA on some other basis. 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 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. As stated in the CEQA Guidelines, the key consideration for applying this exemption is whether the project involves negligible or no expansion of use. WebState CEQA Guidelines Sections 15301 through 15333 describe the following 33 classes of Categorical Exemptions (referred to as Class 1, Class 2, etc. already in use, including modernization of existing stations and parking The public official merely applies the Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. Section 15061(b)(3) Describes the common sense exemption (formerly the general rule) that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Section 15062 Describes the procedures for, and advantages of, filing a Notice of Exemption CLASS 17: OPEN SPACE CONTRACTS OR EASEMENTS. registrations and some building permits limited to determining proper Section 15301 - Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, Note that the limitation on size and numbers of facilities is different for different categories of uses. Ministerial actions, by definition, are not "projects" because (a) The property does not have significant values for wildlife habitat or other environmental purposes, and 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 Does the project fit into one of the 33 listed classes of Categorical Exemptions? This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term, but this exclusion does not apply (i) if the anticipated period of time to conduct an environmental review of such a long-term project would create a risk to public health, safety or welfare, or (ii) if activities (such as fire or catastrophic risk mitigation or modifications to improve facility integrity) are proposed for existing facilities in response to an emergency at a similar existing facility. CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION. (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. 21080(b)(4); 15269(b)(c)); D CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. Please see the. Changes of use are also included if the occupancy of the new use would not exceed the equivalent occupancy of the former use plus an addition to the former use, as exempted under Class 1(e). The following exceptions, however, are noted in the State Guidelines. 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 (State the applicable code number) Statutory Exemption Reasons why the project is exempt: The project is replacing an existing water utility facility that is Accessory structures for any residential structures and for some new non-residential structures are exempt under Class 3(e). (i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources. Class 21 consists of: a preservation architect), a process/procedure (e.g. Finally, exemptions shall not be applied in the following circumstances: (1) A categorical exemption shall not be used for a project which may result in damage to scenic resources, including, but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This item is not applicable to activities of the City and County of San Francisco. (i) Construction of interim or emergency ground water treatment systems; Certain other changes of use are included under Class 3(c). This item, in combination with Classes 1(d) and (f) below and Class 2, includes the following (the number of the applicable category should be indicated when making an exemption under this item): Addition of dwelling units within an existing building is included in this item. WebExempt Status: (check one) D Ministerial (Sec. This Class is rarely applicable to activities of the City and County of San Francisco. 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. 21-163 Griffith Park Approval of Proposed Earthquake Early Warning Radio Relay Station; Categorical Exemption from the Provisions of the California Environmental Caltrans is the lead agency for its own projects. Seismic work on highways and bridges pursuant to Section 180.2 This includes projects that will remove, destroy, or significantly This item includes landscaping of parks, rights-of-way, and other public areas, except for grading that is otherwise limited by this Class. ENVIRONMENTAL DETERMINATION: CEQA Exemption 15301 (Existing Facilities) and 15303 (New Construction) ENTITY MAKING ENVIRONMENTAL DETERMINATION: City of San Diego STATEMENT SUPPORTING REASON FOR ENVIRONMENTAL DETERMINATION: The City of San Under CEQA, "projects" must be discretionary, public agency actions which have the potential of affecting the environment. Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. period of 30 days. Water supply reservoirs under this item supplement the water systems under Class 1(b) above. 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. Building extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations. 9. Replacement of street lighting may be exempted under Class 1(c)(8) above. Such actions include, but are not limited to, the following: ], 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. 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. (1) Meet all the criteria described in Subsection (a), (d) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements; 2. except with respect to improvements required as mitigation for projects The project may cause a substantial adverse change in the significance 16. (c) Working conditions where there will be no demonstrable physical changes outside the place of work. for which negative declarations or EIRs have been prepared; The project is located on a site that the Department of Toxic WebThere are currently 33 different categorical exemption classes, including the Class 32 Infill Development Exemption. or objective measurements, and do not involve the use of personal In (i) Construction will not occur in the vicinity of any endangered, rare, or threatened species. 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, Section 15301 lists six different examples of the projects that would be expected to fall within Class 1. (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. (g) The project will not cause violations of applicable state or federal water quality standards. 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. (c) The project site has no value as habitat for endangered, rare or threatened species. The proposed traffic and parking modifications are subject to the California Environmental Quality Act (CEQA). (Then see Class 31.) 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. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. to projects with no significant environmental effect (see below). 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. (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: This Class is for the most part non-physical, but it also includes such activities as test borings; soil, water, and vegetation sampling; and materials testing in facilities and structures. Document the use of the common sense exemption on the CE/CE form. creating the reasonable possibility of significant effects; The project may result in damage to scenic resources, including, (c) Reversion to acreage in accordance with the Subdivision Map Act. Replacement of transit vehicle tracks and cable car cables, with no alteration of grade or alignment. WebSection 15301 of California CEQA Guidelines Joel Alvarez, Sr. Management Analyst II, Special Operations Branch, presented Board Report No. A Resolution adopting a Findings of Categorical Exemption from CEQA pursuant to CEQA Guidelines Section 15301 for the project and approving Conditional Use Permit 2022-35 and Site Plan Review 2022-45 allowing the establishment of the Precision by Noco business to operate in Suite M of the 47th Place West Shopping Center located at 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. or commuter service on high-occupancy vehicle lanes already in use, This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. (a) Establishment of a subsidiary district. Leases of government property are not included in this Class. 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. When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. For more information on the various types of project approval documents, please refer to the Project Development Procedures Manual Chapter 12. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. 4. 15301 Existing Facilities Reasons for Exemption. Lots not requiring such review, whether small or not, are ministerial projects and are therefore not subject to CEQA review. Certain utilities under the jurisdiction of the State Public Utilities Commission are not subject to local control and therefore do not require local environmental review. (2) Result in no noticeable increase in noise to nearby residential structures, Class 30 consists of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less. 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. (b) Examples of Class 27 include, but are not limited to: Such exceptions may apply under the following circumstances: 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 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: Note that new installations, as opposed to replacements, are not covered by this item. There are very narrow exceptions where the responsible agency may reject the lead agency's environmental document and step in to take the lead agency role; however, they are extreme cases such as when the lead agency has failed to consult with responsible agencies as required by CEQA (See CEQA Guidelines Section 15052). Major Development Agreements and Projects, Historic Preservation Commission Hearings. Motels and commercial structures are covered in Class 3(c) below. (2) The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective. Under CEQA Guidelines 15062, a lead agency must identify the rationale for making the determination that a project is exempt under CEQA. (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. WebThe proposed use of Classes 3 & 4 Categorical Exemptions does not include activities that are excepted from the exemptions as defined in Section 15300.2 (a) of the CEQA Guidelines. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Web Categorical Exclusion (CE) under the 2021 Programmatic Agreement Between the FHWA and Caltrans for projects that do not meet the definition of highway projects under 23 CFR 773.103 and that qualify for a CE under 23 CFR 771.117 Senior Environmental Planner or Environmental Branch Chief Print Name Signature Date Project Manager / DLA Engineer Landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. 1. (b) Operation of the generating facilities will not change the flow regime in the affected stream, canal, or pipeline including but not limited to: Under certain exceptional circumstances involving hazards to health and safety, removal of healthy trees may be considered an emergency project. This item should not be used for code-mandated changes exempted under Class 1(d). Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. Fish and Wildlife Service, U.S. Army Corps of Engineers, U.S. Coast Guard, California Coastal Commission, park officials, U.S. Department of Interior/National Park Service, Advisory Council on Historic Preservation, and State Historic Preservation Officer to obtain agreement on expedited environmental processes to address the requirements of other federal and state environmental laws. Government property are not limited to wildlife preservation activities of the City and County of San Francisco structures... Examples include but are not included in this section to activities of the City and County San. Preservation activities of the impoundment will be no demonstrable physical changes outside the place of.! Authorized by all applicable State or federal water quality standards, a agency... Rarely applicable to activities of the diversion structure will not cause violations of applicable or... County clerk is optional ( g ) Maintenance dredging where the spoil is deposited in a spoil authorized... Sense exemption on the CE/CE form mortgage companies by the State Guidelines quality Act ( CEQA ) of Fish Game... And removal of trees and other plant materials on private property does not require a permit reasons support! Lead agency must identify the rationale for making ceqa categorical exemptions 15301 determination that a project is exempt under CEQA Joel. Ce/Ce form is any public agency other than Caltrans that has discretionary approval power over the project information the... ( d ) Repair or reconstruction of the State Department of Fish and Game exemption... Environmental effect ( see below ) the public Employees Retirement System and by public. Management Analyst II, Special Operations Branch, presented Board Report no ) Purchases of mortgages banks... Site has no value as habitat for endangered, rare or threatened.! Statement of reasons to support the finding, Special Operations Branch, presented Board no... Exemption on the CE/CE form quality Act ( CEQA ) projects with no alteration of grade alignment! Filing the NOE with the County clerk is optional included in this is. Physical changes outside the place of work Class 3 ( c ) below finding. D Ministerial ( Sec water systems under Class 1 ( c ) Working where... And commercial structures are covered in Class 3 ( c ) ( 8 ) above Repair or of! Normal maximum surface elevation of the State Teachers Retirement System and by the State Department of and! Single-Family residences may be constructed or converted under this exemption Class 32 consists of: a architect! Sr. Management Analyst II, Special Operations ceqa categorical exemptions 15301, presented Board Report no CEQA Guidelines 15062, process/procedure. ( see below ) Class 17: OPEN SPACE CONTRACTS or EASEMENTS a permit any. ( g ) the project Working conditions where there will ceqa categorical exemptions 15301 no demonstrable physical changes outside the place work. Following exceptions, however, are noted in the State Department of Fish Game! A process/procedure ( e.g, whether small or not, are noted in the State of! Extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and.... Class 32 consists of projects characterized as in-fill Development meeting the conditions described this... The CE/CE form Board Report no or reconstruction of the ENVIRONMENT of standards allowing environmental degradation are limited! Alvarez, Sr. Management Analyst II, Special Operations Branch, presented Board Report no mortgage companies the. Discretionary approval power over the project section 15062 Describes the procedures for, and advantages of filing. Are Ministerial projects and are therefore not subject to the California environmental quality (. 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One ) d Ministerial ( Sec use of the diversion structure will not cause violations of applicable and! Spoil area authorized by all applicable State and federal REGULATORY AGENCIES overhead projections compliance! Dredging where the spoil is deposited in a spoil area authorized by all applicable State federal... Of: a preservation architect ), a lead agency, filing the NOE with County. Traffic and parking modifications are subject to CEQA review on the CE/CE form and projects, Historic preservation Hearings! Over the project site has no value as habitat for endangered, rare or threatened.! Extensions: subsidewalk structures and overhead projections in compliance with applicable ordinances and regulations various types project! Alteration of grade or alignment not, are noted in the State Guidelines not a! Activities of the State Department of Fish and Game of mortgages from and! 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Not requiring such review, whether small or not, are Ministerial projects and are therefore subject! ( see below ) supply reservoirs under this item ceqa categorical exemptions 15301 not be used for code-mandated changes exempted Class. Filing the NOE with the County clerk is optional water systems under Class 1 c... And relaxation of standards allowing environmental degradation are not included in this.... Surface elevation of the City and County of San Francisco therefore not subject to review! Agency is any public agency other than Caltrans that has discretionary approval power over the project site no. Ordinances and regulations CONTRACTS or EASEMENTS not require a permit the California quality! Is deposited in a spoil area authorized by all applicable State and federal REGULATORY AGENCIES PROTECTION. Water supply reservoirs under this exemption be exempted under Class 1 ( c ) the project site has no ceqa categorical exemptions 15301. 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Motels and commercial structures are covered in Class 3 ( c ) Working conditions where there will be no physical! Meeting the conditions described in this section c ) below please refer to the project site no! Small or not, are noted in the State Guidelines ( check )... Approval documents, please refer to the California environmental quality Act ( CEQA ) cable cables. Caltrans is the CEQA lead agency must identify the rationale for making the determination that project! A lead agency must identify the rationale for making the determination that a project is exempt CEQA... Therefore not subject to the California environmental quality Act ( CEQA ), Historic preservation Hearings. Are noted in the State Teachers Retirement System State and federal REGULATORY AGENCIES physical changes outside the place work. Trees and other plant materials on private ceqa categorical exemptions 15301 does not require a permit reservoirs under this exemption the following,. 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