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 . Categorical Exemptions. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. Sections 15301(h) and 15304(b) of California CEQA Guidelines Priya Macwan Management Assistant, , Special Operations Branch, presented Board Report No. (This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.) (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. 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. a categorical exemption under ceqa. 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. To be considered eligible under this Class, a project must be clearly defined by the project proponent as a rehabilitation that is consistent with the Secretary's Standards. Department of Public Health permits: temporary establishment for food preparation and service or food products and marketing. 4. resource as specified in section 21084.1 of the CEQA Statutes and do not constitute an exception to Classes 3 & 4 Categorical Exemptions as described in Section 15300.2 (f) of the CEQA Guidelines and Section 21084.1 of the CEQA Statutes. Removal of dead, seriously damaged, and incurably diseased trees is exempt under this Class. 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. (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. This item should not be used for code-mandated changes exempted under Class 1(d). Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. (c) New power lines to connect the generating facilities to existing power lines will not exceed one mile in length if located on a new right of way and will not be located adjacent to a wild or scenic river. 8. (f) Minor trenching and backfilling where the surface is restored. 15304.) CLASS 22: EDUCATIONAL OR TRAINING PROGRAMS INVOLVING NO PHYSICAL CHANGES. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. Projects that are initially screened and rejected or disapproved by a public agency are excluded from any CEQA review requirements. (2) Result in no noticeable increase in noise to nearby residential structures, This is a form of subdivision involving no new construction. 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. (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. This item covers accessory structures for both existing and new residential structures. Work under this Class may be related to the construction and reconstruction included in Classes 2, 3, 11, and 14. (b) Operation of the generating facilities will not change the flow regime in the affected stream, canal, or pipeline including but not limited to: "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. (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. The definition of individual small structures under this Class is similar to but not exactly the same as that found under Class 3, below. Please be aware that this technical advisory does not provide an exhaustive list; . (c) Merger with a city of a district lying entirely within the boundaries of the city. Class 8 will be more often applicable within the borders of the City and County of San Francisco. Certain other changes of use are included under Class 3(c). (l) Demolition and removal of individual small structures listed in this subsection; 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. (c) Working conditions where there will be no demonstrable physical changes outside the place of work. 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 categorical exemption shall not be used for a project which may cause a substantial Accessory structures for existing nonresidential structures are covered by Class 11. Key resources for understanding and implementing CEQA. Uses under this item include: Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Blasting used in excavation and grading is not exempt. 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. 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). 5. 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. 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. 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 . 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. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . CLASS 16: TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE PARKS. 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. Acquisition of urban open space. Installation and replacement of guide rails and rockfall barriers. (2) 10,000 square feet if: CLASS 18: DESIGNATION OF WILDERNESS AREAS. 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. Frank Stuart Kountz, 57, from Willows died in the crash, said Lauren Berlinn, the sheriff's public information officer. CLASS 13: ACQUISITION OF LAND FOR WILDLIFE CONSERVATION PURPOSES. 5. 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. 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. Section 15304 - Minor Alterations to Land . The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. 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. Public gatherings may be exempt under Class 23, if part of the normal operation of a facility. Examples include but are not limited to: 3. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. CEQA will apply when a management plan is proposed that will change the area from its natural condition or cause substantial adverse change in the significance of the historic or archaeological resource. Lead Agency Contact Person: Jui Ing Chien (Area Code) Telephone/Ext. 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. Note that the limitation on size and number of facilities is different for different categories of uses. 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. 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 . (1) One single-family residence. * CLASS 5: MINOR ALTERATIONS IN LAND USE LIMITATIONS. 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