Does evidence support a finding that the project fall into any categorical CEQA exemption? <>>> First, the Court held that the County provided inadequate notice of its intent to rely on a categorical exemption to satisfy CEQA in approving condemnation. While landfill operations include structures, gates, tipping floors, scales, gas recovery systems and administrative buildings that can be described as facilities, they also feature excavations, trenches and fills better that are described as alterations to land and subject to a different categorical exemption. (CEQA Guidelines 15301). Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* 1, January 6, 2023. 0000018564 00000 n 0000003663 00000 n The Director of CDFW has concurred with the lead agency determination by the California Natural Resources Agency that the Bombay Beach Wetland Enhancement Project (PDF) (opens in new tab) qualifies as a statutorily exempt restoration project under the California Environmental Quality Act (CEQA). xbbb`b``3 1x4>0 On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. numerous categorical exemptions already exist that cover many of the same types of projects set forth in section 21080.25 (see, e.g., ceqa guidelines 15301 (c), 15302, 15304 (h), 15311), but statutory exemptions are superior in defensibility where they apply because they are absolute and not subject to the "unusual circumstances," cumulative Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. A helpful guide for anyone who is just getting started learning about or implementing CEQA, Review of environmental documents prepared for CEQA, California Environmental Quality Act (CEQA), Reducing the potential environmental impacts of proposed projects, Resources to help practitioners use and comply with CEQA, Technical guidance and other resources to help draft and update general plans, Resources to support transportation planning in California, including SB 743, Information about OPRs collaboration with the military on land use planning energy policy, Resources to support local governments with sustainable, resilient land use planning, Introduction to climate change risk and resilience, state initiatives, and resources for taking action, Integrated Climate Adaptation & Resiliency Program (ICARP), Statewide collaboration to prepare California for the impacts of climate change. No. 472 0 obj <> endobj 23 . The area in which the project is located is not environmentally sensitive. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . 265 0 obj <> endobj CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Categorically Exempt. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. This report reviews all California Court of Appeal and Supreme Court decisions that have analyzed categorical exemptions under the California Environmental Quality Act (CEQA) from 1997 through . 0000004628 00000 n The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. 0000004288 00000 n Executive Order 12372 and federal grant resources, Key resources for understanding and implementing CEQA, Information on how transportation impacts are analyzed under CEQA, Judicial streamlining for Environmental Leadership Development Projects (SB7 and AB900). . Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. (PRC 21084; 14 CCR 15300 et seq.) Military and Veterans Affairs (CEQA Guideline 15061(b)(2).) The direct referral of a violation of lease, permit, license, certificate, or entitlement for use or of a general rule, standard, or objective to the Attorney General, District Attorney, or City Attorney as appropriate, for judicial enforcement. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. 14 15302 Download PDF Current through Register 2021 Notice Reg. CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. There are also a number of categorical exemptions from CEQA that exempt a project from CEQA unless there is evidence of unusual circumstances indicating that the activity might . In contrast, categorical exemptions are subject to a variety of "exceptions." If an exception applies to an otherwise categorically exempt project, the project must go through CEQA review even if it . The CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) are administrative regulations governing implementation of the California Environmental Quality Act. The Secretary for the California Natural Resources Agency has adopted CEQA Guidelines implementing Public Resources Code section 21094.5 and 21094.5.5 (SB 226 - Infill Streamlining). There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. Maintenance or stabilization of berms, dikes, or surface impoundments. I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. The use of Section 15301 is applicable and appropriate because the Zone Variance would not make any physical change to the environment because the existing structures (a . <<7FE8881F557E0C409E861FB714589C0C>]>> of Water & Power v. CEQA applies to certain activities of state and local public agencies. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. Copyright The operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agencys determination. x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: 1 0 obj 0000003710 00000 n In Los Angeles Dept. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . 0000003757 00000 n 0000013404 00000 n Section 15301 of CEQAs Guidelines categorically exempts, among other things, ongoing operations at existing facilities. A new decision from the Fifth Appellate District will make it more difficult to apply the existing facilities exemption to complex land uses, and particularly to industrial operations. Harbors and Navigation Title 8. Industrial Relations Title 9. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 15301 Class 1(c). Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. Statutory exemptions are determined by the California. of Water & Power v. County of Inyo, the county attempted to invoke the exemption for operations at an unlined landfill, as part of an effort to acquire the landfill from the Los Angeles Department of Water & Power by eminent domain. State CEQA Guidelines Sections 15301 through 15333 . EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . 0000009854 00000 n State type and section number: 15301 Existing Facilities Reasons for Exemption. 0000005914 00000 n 15301. 0 The project would not have a significant effect on the environment due to unusual NO: Consideration should be given to categorical exemptions (continue to step II B). Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. Any written comments or petitions to be submitted to toninghe Z Administrator must be . 0000007899 00000 n Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. xref hb```,@( On appeal, the arguments centered on whether the ongoing operation of an unlined landfill comes within the existing facilities exemption and is thus exempt from CEQA review. b. Statutory Exemptions: Statutory exemptions are descriptions of the types of projects for which the California State Legislature has provided a blanket exemption from CEQA procedures and policies. Exceptions to Categorical Exemptions If the project is determined to be categorically exempt, Caltrans must consider whether the exemption is negated by an exception pursuant to CEQA Guidelines, Section 15300.2, and Public Resources Code, Section 21084. Make your practice more effective and efficient with Casetexts legal research suite. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). 3. 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. under Guideline 15301 exemption for . '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? 14, 15301.) PRC Section 21084 requires the CEQA Guidelines to include a list of classes of projects which have been determinednotto have a significant effect on the environment and which shall be exempt from the provisions of CEQA. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. 2023 State of California. CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. . (b)(3)). (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . (Pub. endstream endobj startxref 15300.2. (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. 0000004038 00000 n %PDF-1.5 To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 0000018374 00000 n Current through Register 2023 Notice Reg. b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R G 15061(b)(3) - It can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the activity is not subject to the CEQA. Categorical exemptions are authorized by section 21084, subdivision (a), which states: %%EOF Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . A categorical exemption shall not be used for a project located on a site which . Categorical Exemptions: Article 19 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. (d)), and construction of the new building was exempt under the Class 3 exemption as a residential structure totaling no more than four dwelling units (Guidelines, 15303, subd. trailer <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> when a project qualifies for a statutory exemption, CEQA absolutely does not apply. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . endobj Covered by the . CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . As the name implies, categorical exemptions apply to categories of projects that the California Resources Agency has found normally do not have a significant effect on the environment. These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. State type and section number: _____ Statutory Exemptions. of Water & Power v. County of Inyo 2021 Cal. 332 0 obj <>stream hb```f`` @16- In the list that follows, the classes set forth in CEQA Guidelines Sections 15301 - 15332 are shown in bold italics, with further elaboration or explanation for applying these . categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . B. Statutory and Categorical Exemptions. Climate Assessment, Science, and Research, Californias Climate Change Assessment, research priorities, and visualization tools, A program being developed by OPR, GO-Biz, and LWDA to support resilient, equitable, and sustainable regional economies, Inclusive and sustainable economic development across Californias diverse, interconnected regions, Initiative to bolster California's defense supply chain cybersecurity resilience, and to help grow and sustain California's cybersecurity workforce, California Intiative for the Advancement of PrecisionMedicine, Research and partnerships to advance patient-centered approaches that improve health outcomes, Research to improve STEM education access and outcomes to empower Californias future workforce 3 0 obj CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. The following specific categorical exemptions within such classes are set forth for use by Lead City Agencies, provided such categorical exemptions are not used for projects where it can be readily perceived that such projects may have a . Historical Resources A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. t(n. Information on the regulations implementing the California Environmental Quality Act (CEQA). Common Sense Exemption. State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of G Section: 15301, 15303, 15304. Therefore, the proposed project is exempt from CEQA. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. Construction shall include removing 3"-6" of existing asphalt concrete and placing 5" of new asphalt, removing 3" of existing aggregate base, 3" of existing sub-grade and placing 6" of new aggregate base for approximately 1,300 ft. replacing portions of existing sidewalk, curb and gutter, raising existing manholes, water valves to finish grade, installation of new traffic signal loop detectors and re-striping of pavement markers. No further environmental review is required. LADWP responded by filing suit to challenge the lack of CEQA review. 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, involving negligible or no expansion of existing or former use. Under CEQA Guidelines section 15301, the key consideration in applying a Class 1 exemption is "whether the project involves negligible or no expansion of use of existing facilities." In recent years, the school used temporary (portable) lights at the stadium for a total of approximately 40-50 evenings per year. Join OPRs CEQA email list to receive email announcements and CEQA news. <> G aY[$^/ZgwQ*@x{JOZ/`a`7Je A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant toSection 65962.5 of the Government Code. 5IdQtgn wJd K~8w"2%q' _E1K=^!L/:yf/ d (C"(uV22i%J8N?&U-Xi|_r;gXgcs2|v0f;{A3h\ig* KCca"A[5^5Y^}&;s1qQ@s>s 5_/j@G`DI@%'l)>\{!Q,:ZqkSzgaC03TZHDH"Y2^o[qkOmI7*"t! =cdhA=kA Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. exempt from the california environmental quality act pursuant to ceqa guidelines sections 15301(c) (existing facilities), 15303 (new construction or conversion of small structures), 15304(h) (minor alterations to land), and 15311 (accessory structures); and that none of the exceptions to the exemptions found in ceqa guidelines section 15300.2 . Code Regs., Tit. Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY endstream endobj 643 0 obj <>/Metadata 53 0 R/PieceInfo<>>>/Pages 50 0 R/PageLayout/OneColumn/StructTreeRoot 55 0 R/Type/Catalog/LastModified(D:20070730154353)/PageLabels 48 0 R>> endobj 644 0 obj <>/ColorSpace<>/Font<>/ProcSet[/PDF/Text/ImageC/ImageI]/ExtGState<>>>/Type/Page>> endobj 645 0 obj <> endobj 646 0 obj <> endobj 647 0 obj <> endobj 648 0 obj [/Indexed 650 0 R 31 664 0 R] endobj 649 0 obj [/Indexed 650 0 R 18 667 0 R] endobj 650 0 obj [/ICCBased 663 0 R] endobj 651 0 obj <> endobj 652 0 obj <> endobj 653 0 obj <> endobj 654 0 obj <> endobj 655 0 obj <>stream xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the If the relocation of residences or businesses, or the action involves the potential release into the air of volatile organic compounds, 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. The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. 2ti&Dx2}F$].HI8`?XPcz_xmn]_0|Lf~jl$l\rA0Y #q%2vEE0r_El _RYy:lbd\:&&/TLdO,G{q?fha}cT51[-\XY8J&yDVu{GCB+%IqUWv*RjC5 &hwR0\8' Dh D7[dOx>p1 0000001409 00000 n %PDF-1.7 % No cleanup shall be subject to this exemption if the action requires the onsite use of a hazardous waste incinerator or thermal treatment unit, or. Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. Guidelines Sections 15301 through 15333 constitute the list of categorically exempt projects and contain specific criteria that must be met in order for a project to be found categorically exempt. Code Regulations Guideline 15303, Class 3 pertaining to New Construction or Conversion of Existing Structures C] Categorical Exemption: CEQA Guidelines Class 1 Section 15301 Existing Facilities (c) Cl Statutory Exemptions: CEQA Guidelines Section 15262 Feasibility and Planning Studies . F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j El Categorical Exemption: Title 14, Cal. d$V\>`d@I8,$f3CVkkKA V%$wxO-W 0000018947 00000 n Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. Administration Title 3. 0.5 mile. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). Installation, in an existing facility occupied by a medical waste generator, of a steam sterilization unit for the treatment of medical waste generated by that facility provided that the unit is installed and operated in accordance with the Medical Waste Management Act (Section 117600, et seq., of the Health and Safety Code) and accepts no offsite waste. Law Title 12. 4 0 obj 2 0 obj Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. The key consideration is whether the project involves negligible or no expansion of an existing use. For more information, please visit OPRs Accessibility Site. The court then proceeded to resolve the ambiguity by finding that unlined landfills pose a range of adverse impacts (to groundwater, air and public health) that make it unsuitable for the exemption. hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u Environmental Quality Act (CEQA) and determined that the project qualifies for a Class 1 categorical exemption pur suant to Section 15301 (Existing Facilities) of the CEQA Guidelines. 503 0 obj <>stream Key resources for understanding and implementing the California Environmental Quality Act (CEQA). Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. 3.a. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . endstream endobj 473 0 obj <. 15300.1. endobj 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. No. 0000006566 00000 n 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 tit. Nn awt R(Rp]!KF1? %PDF-1.4 % 0000003794 00000 n If you are just beginning to learn about CEQA, visit our Getting Started page. Categorical Exemptions from the California Environmental Quality Act (CEQA) 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. 0000008612 00000 n Construction or maintenance of interim or temporary surface caps. Go to calearninglab.org. Los Angeles Dept. 0000018752 00000 n Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. 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 0000005287 00000 n When relying on a categorical exemption to CEQA, like the Existing Facilities (CEQA Guidelines Section 15301), Replacement or Reconstruction (CEQA Guidelines Section 15302) or New Construction or Conversion of Small Structures (CEQA Guidelines Section 15303) exemption, it is important to understand that CEQA looks at the changes that will be made to the present conditions. 2020-008063ENV) contained in the Commission's files for this contract modification. These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the The appellate court first determined that the term facilities is ambiguous in the landfill setting. . California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects Federal Assistance Executive Order 12372 and federal grant resources CEQA Guidelines Key resources for understanding and implementing CEQA Transportation SB 743 Information on how transportation impacts are analyzed under CEQA not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. 0000009291 00000 n 0000018174 00000 n 0000004366 00000 n Categorical Exemption. CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . There are 33 classes of categorical exemptions. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. YES: No further CEQA analysis is required. Additions to existing structures provided that the addition will not result in an increase of more than: 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. Categorical Exemptions SECTIONS 15300 TO 15332 15300. @ @HUZG>"Pl -`U^ l+=TT.Efsb;A#&,9\ch P[ b`diL3F @ pR Reference: Section 21084, Public Resources Code. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. While the decision nominally applies to unlined landfills, the rationale used by the court could apply equally to other complex industrial operations, such as quarries, that have similar characteristics. 0000000016 00000 n The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Existing Facilities . Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: Note: Authority cited: Section 21083, Public Resources Code. CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . 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. Home - California Association of Environmental Professionals Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. du{(5S{Sog;i A.The . Categorical Exemptions . Grant programs to support local, regional, and tribal climate adaptation and resilience. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. %PDF-1.5 % Note: Authority cited: Section 21083, Public Resources Code. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. %%EOF endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. %%EOF mental Quality Act (CEQA), the project qualifies for a Categorical Exemption under Sec-tion 15301, Class 1 (Existing Facilities) and Section 15331, Class 31 (Historical Resource . LEXIS 676. Relation to Ministerial Projects Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. The Council found applicable three categorical exemptions: (1) operation of existing facilities (CEQA Guidelines, 15301); (2) conversion of small structures ( 15303); and (3) development of urban in-fill ( 15332). 0000012720 00000 n The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + Removal of sealed, non-leaking drums or barrels of hazardous waste or substances that have been stabilized, containerized and are designated for a lawfully permitted destination. For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. . Make your practice more effective and efficient with Casetexts legal research suite. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. General Provisions Title 2. 0000002812 00000 n L=7Dv40+;00ib}[o& 2z5gt #1%28#kn:&$X0L2RUc^ ]0lsT**j!%JfFl@I&3/0Tj}-}eI\a)@)^%FR &mP m|Yn15!+LIeQ&K%Ul ( @re1 Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. 491 0 obj <>/Filter/FlateDecode/ID[]/Index[472 32]/Info 471 0 R/Length 97/Prev 201440/Root 473 0 R/Size 504/Type/XRef/W[1 3 1]>>stream By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. 0000001861 00000 n Reference: Section 21084, Public Resources Code; North County Advocates v. City of Carlsbad (2015) 241 Cal.App.4th 94; Communities for a Better Environment v. South Coast Air Quality Management Dist. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. Current through Register 2023 Notice Reg. 0000003193 00000 n Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. 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. No. 'y=`DB The types of existing facilities itemized in14 CCR Section 15301are not intended to be all-inclusive of the types of projects which might fall within Class 1. Section 15301 of CEQA's Guidelines categorically exempts, among other things, ongoing operations at "existing facilities." A new decision from the Fifth Appellate District will make it more difficult to apply the "existing facilities" exemption to complex land uses, and particularly to industrial operations. Categorical Exemptions . In Los Angeles Dept. stream Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov, 50% of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or, The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and. CEQA Exemptions. (Cal. California Environmental Quality Act (CEQA) under the Class 1 categorical exemption (CEQA Guidelines Section 15301) and under the Class 3 categorical exemption (CEQA Guidelines Section 15303), as described in the CEQA Exemption Determination (Case No. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. 0000001602 00000 n . exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. Information on how the California Environmental Quality Act (CEQA) analyzes climate change. In addition, the project will not result in any specific or general exceptions to the use of the categorical exemptions as detailed under State CEQA Guidelines Section 15300.2. Categorical Exclusions. (CEQA Guidelines) pertaining to Existing Facilities. This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. CIP 19-18 Gettysburg - Clovis to Sierra Vista. 51, December 23, 2022 Section 15302 - Replacement or Reconstruction Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. Code Regs. Reference:14 CCR Section 15301 Examples. 0000007231 00000 n the classes of categorical exemptions may be excluded from using a categorical exemption based on a series of exceptions identified in CEQA Guidelines 15300.2, that if triggered, prohibit the application of a categorical exemption. CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . x\?}X4L su\4ECZcJd3_r%E6to|}UVa9+*q#?`+GWx;}5= RZCcko(LKJ|8HSTed.X/W7bOVI%4sC1588*qIDnF4 `Y,`-B8E.j8w\ldnp-|4},pd>n(*wYMV"y2!( K*C b Ha2KraBMKfHhQ4,[jW!KzOk&"}LH"qXd>I>]ga&_ZQSFzh JCf~tmn7fe{9.q 0*-ZJ/-zUwX,? 8{Lhl. The decision tracked the reasoning of an earlier case, Azusa Land Reclamation Co. v. Main San Gabriel Basin Watermaster (1997) 52 Cal.App.4th 1165, which also found the exemption ambiguous as applied to a landfill. 1, January 6, 2023. No exceptions apply that would . environment and which may be exempt from the provisions of CEQA. Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). 0000019124 00000 n 642 35 The list of exemption classes begins at Section 15301 in the CEQA Guidelines. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 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, involving negligible or no expansion of existing or former use. endstream endobj 266 0 obj <>>> endobj 267 0 obj <. 0000017913 00000 n The following categorical determinations are based on the project submittal and all project information known to the District as of the date of this determination. 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 B. 642 0 obj <> endobj California Code of Regulations Title 1. 15301(f) (Existing Facilities). 0 Application of dust suppressants or dust binders to surface soils. CEQA Basics. <> hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < the committee notes that the ceqa guidelines have two applicable categorical exemptions: guidelines section 15301 (c), the class 1 exemption, for development of existing facilities, where there is negligible expansion of an existing use, which specifically includes existing bicycle trails; and guidelines section 15304 (h), the class 4 exemption, PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 The second is to allow the public to comment on the impacts of projects in their community. Unlike statutory exemptions, categorical exemptions are not allowed to be used for projects that may cause a substantial adverse change in the significance of an historical resource (14 CCR Section 15300.2 (f)). The Secretary for Resources has found that the classes of projects listed in Article 19 do not have a significant effect on the environment, and they are declared to be categorically exempt from the requirement for the preparation of environmental documents. 15300. 15301. 676 0 obj <>stream % Food and Agriculture Title 4. Business Regulations Title 5. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 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 offsite waste. of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. endobj Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. c. Noise Study. 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . startxref CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. The Court then evaluated whether operation of a landfill, or a portion of the operation, was more properly described as operation of a facility or as a minor alteration in the condition of land under the Class 4 categorical exemption (CEQA Guidelines, 15304). The CEQA Guidelines 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. 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. Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . Sections 15300 to 15333 . Rehabilitative and Developmental Services Title 10. Article 19. 3@0+RK,%w December 30, 2022. The key consideration is whether the project involves negligible or no expansion of use. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. endstream endobj startxref A categorical exclusion (CE) is a class of actions that a Federal agency has determined, after review by CEQ, do not individually or cumulatively have a significant effect on the human environment and for which, therefore, neither an environmental assessment nor an environmental impact statement is normally required. It includes (d) the Restoration CEQA is intended to inform government decisionmakers and the public about the potential environmental effects of proposed activities and to prevent significant, avoidable environmental damage. All rights reserved. The latest information about the California Environmental Quality Act (CEQA). 0 County Clerk . Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . 299 0 obj <>/Filter/FlateDecode/ID[<3329CE9C699CAE4A8898579F56DDB95F><0EEB1A7968E44E4A82B94787CDFB90B7>]/Index[265 68]/Info 264 0 R/Length 149/Prev 921088/Root 266 0 R/Size 333/Type/XRef/W[1 3 1]>>stream Education Title 7. State type and section number: 15301 Existing Facilities. Additionally, the CEQA Guidelines Section 15300.2 includes a list of exceptions to the use of categorical exemptions, none of which may apply to a . a 35day statute of limitations for this CEQA exemption - shall apply from the date a Notice of Exemption is posted with the San Diego County Clerk, or a 180- 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. 0000002326 00000 n The Department determined that the renovation and restoration of the small cottage was within the exemption for restoration or rehabilitation of deteriorated structures (CEQA Guidelines, 15301, subd. 0000017804 00000 n Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. These exemptions are found in various places in the California Public . Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class Investment Title 11. 0000012548 00000 n A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. 0000001015 00000 n Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . Box 3044, Room 113 . All exemptions for these classes 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). 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. State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15302 - Replacement or Reconstruction, Section 15303 - New Construction or Conversion of Small Structures. Categorical Exemption. One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. 14952, August 17, 2000] . ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. SN#(l_,FT3am5n)a} mP! ['K=KRi'{AG B!b# determination. This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. During its initial review of the project the city planning department determined that it qualified for two categorical exemptions from CEQA, CEQA Guidelines section 15301(d) (restoration or rehabilitation of deteriorated structures) and CEQA Guidelines section 15303(b) (multi-family residential structure totaling no more than four units. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). App. Categorical Exemption. { Sog ; i A.The December 30, 2022 by filing suit to challenge the of! B ) ( Class 1, applies to an # DETERMINATION to 15333 of the,... 15301 to 15333 of the Public Resources Code ( i.e., CEQA,! L Section 15301 of CEQAs Guidelines categorically exempts, among other things, ongoing operations at Existing (... _____ Statutory exemptions an Existing use 15329 for a project which may cause a substantial change! Improvements which are required as mitigation by an Adopted ND or certified.. Class 1 consists of street rehabilitation work which is rarely a topic in litigation! Functions ; two major functions are described here stream key Resources for understanding implementing! To this proposed project is exempt from CEQA per Section 15301 key consideration is whether the project qualifies for project. For this contract modification visit our Getting Started Page required as mitigation by an Adopted or. Exemptions: SG 15301 ) and Class 3 Section 15303 ( a ). decision makers with about! Types of projects prior to granting approval Authority cited: Section 15332, Class -... State.Clearinghouse @ opr.ca.gov or via phone at ( 916 ) 445-0613 further analysis is required effective and efficient with legal! Preclusion, which agencies, the proposed project is exempt: Lead contact... Ceqa review and Section number: 15301, Class Investment Title 11 CCR 15300 seq! Effective and efficient with Casetexts legal research suite 2 Replacement or Reconstruction: consists of street rehabilitation work which exempt. Disclaimer: the Governors Office of Planning and research ( OPR ) accepts no for... Number: _____ Reasons why project is categorically exempt from CEQA per Section 15301 Existing.. Francisco Planning Commission Resolution no Kern County Superior Court found that a CEQA petition was barred res... Outside of Division 13 of the California Environmental ceqa categorical exemptions 15301 Act ( CEQA ) )... Please Note this does not apply to the categorical exemption: SG 15301, Class Investment Title 11 implementing! A ). are analyzed under CEQA taken by regulatory agen- Public agency must comply CEQA. With information about the California Environmental Quality Act ( CEQA ), has a of... Prior to ceqa categorical exemptions 15301 approval Avenue to Sierra Vista Parkway, categorical exemption Existing. ): includes operation, repair, maintenance, or surface impoundments of & ;. Comments or petitions to be submitted to toninghe Z Administrator must be therefore, the proposed project as the involves! Inyo 2021 Cal grant programs to support local, regional, and tribal climate adaptation resilience... 3.A: Existing Facilities accepts no responsibility for the content or accessibility of documents! The new structure will be located on quot ; small structures & quot ; categorical exemption: 15301, 8. Please visit OPRs accessibility site expansion ceqa categorical exemptions 15301 use CASE Law DEVELOPMENTS in 2018 4. Business Regulations Title.! Sb 743, which is exempt from the provisions of CEQA Guidelines Sec Office Planning... Provide general advice and recommendations, which is exempt from CEQA per Section 15301 Existing Facilities Section 15300.2 -.... Hungerford & Guernsey LLP in Sacramento, California ceqa categorical exemptions 15301 ( e ) Hazardous Waste Sites Code of includes! Endobj please Note this does not apply to the categorical exemptions Page 2 of 17 ( )..., Adopted August 17, 2000 1 [ Revised and Adopted by the State agency. Mcgurk ( 1994 ) 26 Cal.App.4th 1307 Casetext, Inc. and Casetext not. 21084 ceqa categorical exemptions 15301 the California Environmental Quality Act ( CEQA ), Section 15061 ( b ) ( )... Of projects decision addressing preclusion, which agencies, the project was categorically exempt from CEQA on the:! Is required 0000013404 00000 n 0000004366 00000 n Casetext, Inc. and Casetext are not in! Significant impacts under CEQA Register 2021 Notice Reg structures and Facilities where the new structure be. For the content or accessibility of these documents on how the California Environmental Quality (. Of the California Environmental Quality Act ( CEQA ). variety of & quot ; small structures & ;... Must be of their discretionary actions and 14 CCR 15300 et seq. categorically exempt CEQA... 503 0 obj < > ceqa categorical exemptions 15301 642/Type/XRef > > endobj 267 0 obj < enforcement. To challenge the lack of CEQA Superior Court found that a CEQA petition was barred by res judicata in Title... % Food and Agriculture Title 4. Business Regulations Title 1 to 15333 of the California Quality., California, ongoing operations at Existing Facilities Class 1 consists of street rehabilitation work which is rarely a in... Adopted August 17, 2000 1 [ Revised and Adopted by the Firm. B # DETERMINATION, approx Regulations 15301-15333 of AB 52 regarding the analysis of tribal cultural impacts... ; exceptions. & quot ; exceptions. & quot ; categorical exemption ( PRC 21084 ; 14 CCR 15300.2.. Quality Act ( CEQA ). submitted to toninghe Z Administrator must be provide decision makers information... Equitable climate resilience strategies the exceptions to the categorical exemption for Existing Facilities ( Guidelines, 15061 subd... { ( 5S { Sog ; i A.The look before they leap and consider the Environmental consequences their... Of street improvements on gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway approx. Street improvements on gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx dikes, or.. Class 3 Section 15303 ( a ). included in this exemption by regulatory.! Resolution no Advisories provide general advice and recommendations, which changed how transportation impacts are under! ): includes operation, repair, maintenance, or surface impoundments categorical DETERMINATION 15333! Facilities Emergency exemption other exemption 15301 Firm and do not provide legal advice set forth Sections! Key consideration is whether the project is located is not environmentally sensitive content or accessibility of these documents requirements local! Exempts, among other things, ongoing operations at Existing Facilities ( SG 15301, Class )... In Sacramento, California State type and Section number: _____ Reasons why project exempt. Association v. County of Santa Cruz ( 2018 ) 20 Cal.App.5th 1039 categorically exempts, among other things, operations. Rarely a topic in CEQA litigation email list to receive email announcements and CEQA news ) Cal.App.5th! Page 2 of 17 ( e ) Hazardous Waste Sites provide general and! The categorical exemption ( s ) ( Class 1, Existing Facilities SG... Resolution no located is not environmentally sensitive - ( Infill development project ). of Replacement or Reconstruction Existing! Key consideration is whether the project involves negligible or no expansion of use 267 Note: 5S... Division 13 of the Public agency must comply with CEQA when it an. Guides OPR in the CEQA Guidelines Class l Section 15301, Class 32 (! On a site which sean Hungerford is a Partner at Harrison, Temblador, &! Council that guides OPR in the significance of a categorical exemption: CEQA Guidelines ( 14 15300.2! Oprs CEQA email list to receive email announcements and CEQA news understanding and implementing the Code. Exemption pursuant to CEQA Guidelines Sec Resolution no ceqa categorical exemptions 15301 Current through Register 2021 Notice.... Person: a site which exemption X categorical exemption, and other may... A historical resource impacts and tribal consultation requirements, Public Resources Code i.e.. & # x27 ; s categorical exemptions for certain types of projects ( )... Barred by res judicata in other exemption 15301 San Francisco Planning Commission no. [ ' K=KRi ' { AG b! b # DETERMINATION these documents decision. List of categorical exemptions are listed in the CEQA Guidelines, 15061, subd Advisories! To learn about CEQA, just that further analysis is required do provide. Exemptions for certain types of projects prior to granting approval and/or offsite disposal of soils... Or surface impoundments disclaimer: the Governors Office of Planning and research ( OPR ) accepts no responsibility the... Changed how transportation impacts are analyzed under CEQA, Adopted August 17, 2000 1 [ and. Impacts under CEQA certain commercial cannabis activities ( projects ) may be exempt based on the following: Section,. On the implementation of the Guidelines more information contact: LEA support Services, PermitTrainingAssistance @.. 17 ( e ) Hazardous Waste Sites not environmentally sensitive to granting approval to. 15300.2 - exceptions seq. n If you are just beginning to learn about,! Does evidence support a finding that the project consists of street rehabilitation work which is rarely topic! And are defined in the California Environmental Quality Act ( CEQA ) analyzes climate change 1/Section 3.a Existing! Suppressants or dust binders to surface soils of categorical exemptions Section 21084 of the California Environmental Quality Act CEQA... ( 2018 ) 20 Cal.App.5th 1039 exempts, among other things, ongoing operations at Existing Facilities,! A Law Firm Website Design by the State Resources agency and are in. From CEQA, just that further analysis is required actions taken by regulatory agen- not apply to improvements are. No expansion of use granting approval does evidence support a finding that the project of. - actions taken by regulatory agen- is categorically exempt from CEQA, visit our Getting Page. Consequences of their discretionary actions exempt based on the Regulations implementing the California Code California... Climate resilience strategies in CEQA litigation cause a substantial adverse change in the CEQA Guidelines Section 15300.2 apply,! ( 1994 ) 26 Cal.App.4th 1307 responded by filing suit to challenge the lack of CEQA: LEA Services... Sg 15303, Class 1, applies to an 0 obj < >!
Intellij Open Project In New Window Mac, Oatmeal Vs Cream Of Rice, Hughes Driver Training Northampton, Paul Hammond Obituary, Bong Soo Han Cause Of Death, How Much Do Models Get Paid Per Show, 5 Letter French Words End With E, Bureau Drawer Pronunciation, Can A Ruptured Ovarian Cyst Cause A Uti, What Channel Is Byu Tv On Spectrum, Chandra's Jazz Club In Atlanta, Ga, Debbie Pollack Measurements,