District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). & 15304 Minor Alterations to Land. (b) Maintenance or stabilization of berms, dikes, or surface impoundments; Following completion of the SRE, environmental staff in coordination with the PDT will determine whether a Categorical Exemption (CE) is still appropriate for the project. (B) The area in which the project is located is not environmentally sensitive. Class 13 consists of the acquisition of lands for fish and wildlife conservation purposes including preservation of fish and wildlife habitat, establishing ecological reserves under Fish and Game Code Section 1580, and preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition. This category includes revocation of permits by the Department of Building Inspection and Port of San Francisco Building Inspection and Permits Division, and enforcement actions by the Planning Department and the Port of San Francisco until referred to the City Attorney. (e) The site can be adequately served by all required utilities and public services. Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. 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. 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 . (g) Controls for surface water run-on and run-off that meets seismic safety standards; CLASS 20: CHANGES IN ORGANIZATION OF LOCAL AGENCIES. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. The amendment and (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. 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. Finally, because the overarching purpose of this pilot project is to collect data to . Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Projects may have a statutory exemption, created by the legislature, or a categorical exemption, which refers to exemptions established by regulators. Changes of use are included because to provide otherwise would place greater restriction upon existing buildings than upon new buildings (see also Class 1(a) regarding changes of use). According to CEQA Guidelines section 15304, Class 4 categorical exemptions are as follows: "Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve . (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or CLASS 22: EDUCATIONAL OR TRAINING PROGRAMS INVOLVING NO PHYSICAL CHANGES. Use of street and sidewalk space during construction. Class 25 includes open space acquisition in some special circumstances. This item is applicable to many instances of proposed school and hospital replacement and reconstruction in San Francisco. (c) Construction or maintenance of interim or temporary surface caps; CEQA Guidelines, Article 19, Section 15332, Class 32. Section 15304 of the CEQA Guidelines considers as exemptions: "minor public or private alteration in the condition of land, water, and/or vegetation which do not involve removal of mature, scenic trees except for . (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. is diane wells still married to rick bragg . This item will seldom apply in the City and County of San Francisco. (b) Small parking lots. (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines; or . 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 G 15182 - Residential Projects Pursuant to a Specific Plan. Lead Agency Contact Person: Jui Ing Chien (Area Code) Telephone/Ext. Minor extension of roadways within the Port of San Francisco container terminals. Lighting in parks and playgrounds and around buildings may be regarded as a safety or health protection device under this item, provided such lighting does not produce excessive glare. 15. 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. Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: (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. There is no substantial evidence that there are any "unusual circumstances" associated with . CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS. CLASS 17: OPEN SPACE CONTRACTS OR EASEMENTS. 6. 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. A. . This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the The City and County of San Francisco meets the definition of an "urbanized area" (CEQA Guidelines Section 15387).Examples of this exemption include but are not limited to: (d) Minor alterations in land, water, and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production. These classes have been marked with an asterisk (*) as a reminder. . This Class is applicable to property owned by the City and County of San Francisco outside its borders. SB 35 requires . Section 15304 of the CEQA Guidelines permits, as a categorical exemption, the minor alteration of land or vegetation that does not involve removal of mature, scenic trees. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. (l) Demolition and removal of individual small structures listed in this subsection; The utility extensions may serve a number of new structures built separately. The proponent must understand that work undertaken may be halted, and the exemption revoked, if the work is not being performed consistent with the Standards as originally defined. (3) A store, motel, office, restaurant, and similar small commercial structure if designed for an occupant load of 30 persons or less. 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. (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. (c) The project site has no value as habitat for endangered, rare or threatened species. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. There is substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. 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). 15300. (2) A duplex or similar multifamily residential structure. Categorical Exclusions. Class 26 consists of actions by a redevelopment agency, housing authority, or other public agency to implement an adopted Housing Assistance Plan by acquiring an interest in housing units. 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. (a) Establishment of a subsidiary district. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. There is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed . (c) Reversion to acreage in accordance with the Subdivision Map Act. Examples include but are not limited to: 14 15302, see flags on bad law, and search Casetext's comprehensive legal database Examples of such minor cleanup actions include but are not limited to: NOE filed . "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. This item should not be used for code-mandated changes exempted under Class 1(d). 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. 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. 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. The following exceptions, however, are noted in the State Guidelines. (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. Certain work for protection of health and safety is excluded from CEQA as emergency projects. use of federal historic rehabilitation tax credits), or other means to ensure appropriate interpretation and application of the Standards. LAKE COUNTY, Calif. The Lake County Sheriff's Office has identified the driver killed when the tanker truck he was driving overturned and went off Highway 20 early Saturday morning. Class 21 consists of: 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. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). 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. This is a form of subdivision involving no new construction. The term "filling" does not include operation of a dump. 14. Accessory structures for existing nonresidential structures are covered by Class 11. Street openings for the purpose of work under this item are included in this Class. proposed project is also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(f) - Minor Alterations to Land. 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. (3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life, and f. Historical Resources. Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. (e) There will be no significant upstream or downstream passage of fish affected by the project. (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel. Grading in connection with demolition is categorically exempt only as stated under Class 4. 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. 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