Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. Statutory exemptions are determined by the California. hb```,@( The second is to allow the public to comment on the impacts of projects in their community. 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 0000002812 00000 n For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. 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 . The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . 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. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). Covered by the . Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . 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. %PDF-1.5 xref (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. 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. Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. 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 CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 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 . This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 0000003663 00000 n The project would not have a significant effect on the environment due to unusual 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. Any written comments or petitions to be submitted to toninghe Z Administrator must be . A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. All rights reserved. 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 Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h 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. Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. 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 . 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. 0000012548 00000 n 0000005914 00000 n 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 . These exemptions are found in various places in the California Public . Categorical Exemption. Common Sense Exemption. 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. 0000019124 00000 n of Water & Power v. Reference:14 CCR Section 15301 Examples. 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 The latest information about the California Environmental Quality Act (CEQA). CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . endobj @ @HUZG>"Pl -`U^ l+=TT.Efsb;A#&,9\ch P[ b`diL3F @ pR 15300.1. Categorical Exemption. State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of 503 0 obj <>stream Education Title 7. In Los Angeles Dept. stream This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the endstream endobj startxref 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. 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 15301 Class 1(c). YES: No further CEQA analysis is required. (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. 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. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . Information on the regulations implementing the California Environmental Quality Act (CEQA). 3.a. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . %%EOF %PDF-1.5 % d$V\>`d@I8,$f3CVkkKA V%$wxO-W State type and section number: 15301 Existing Facilities. CEQA Basics. 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. December 30, 2022. 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 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. Categorical Exemptions . 0000001015 00000 n In Los Angeles Dept. ['K=KRi'{AG B!b# 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. No further environmental review is required. 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). County Clerk . CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. <> Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. trailer 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. Categorical Exemption. (CEQA Guidelines 15301). Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 0000006566 00000 n 676 0 obj <>stream The key consideration is whether the project involves negligible or no expansion of use. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. 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. The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Home - California Association of Environmental Professionals 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. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. Grant programs to support local, regional, and tribal climate adaptation and resilience. 0000017804 00000 n For more information, please visit OPRs Accessibility Site. (CEQA Guideline 15061(b)(2).) Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. 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 Join OPRs CEQA email list to receive email announcements and CEQA news. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). Los Angeles Dept. One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. 0000001602 00000 n Code Regs. Harbors and Navigation Title 8. (Pub. CEQA applies to certain activities of state and local public agencies. State CEQA Guidelines Sections 15301 through 15333 . 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 . The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 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. 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. categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . 0000018374 00000 n 0000018174 00000 n endstream endobj 266 0 obj <>>> endobj 267 0 obj <. endobj CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . The list of exemption classes begins at Section 15301 in the CEQA Guidelines. environment and which may be exempt from the provisions of CEQA. 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. 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. %PDF-1.7 % 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. 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 . B. 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. Investment Title 11. <<7FE8881F557E0C409E861FB714589C0C>]>> 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. Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. The key consideration is whether the project involves negligible or no expansion of an existing use. This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. 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. Article 19. Food and Agriculture Title 4. Business Regulations Title 5. Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R endobj xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J 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. State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . Categorical Exclusions. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . 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. 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. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. 0000005287 00000 n G Section: 15301, 15303, 15304. 2 0 obj 15300. These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. tit. <> hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u 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). 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . 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. determination. 0000003193 00000 n 15301(f) (Existing Facilities). App. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. It includes (d) the Restoration 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 . 0000004038 00000 n A categorical exemption shall not be used for a project located on a site which . 3@0+RK,%w Nn awt R(Rp]!KF1? 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. of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. The appellate court first determined that the term facilities is ambiguous in the landfill setting. Application of dust suppressants or dust binders to surface soils. CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . 51, December 23, 2022 Section 15302 - Replacement or Reconstruction Make your practice more effective and efficient with Casetexts legal research suite. 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. 0000004288 00000 n 2020-008063ENV) contained in the Commission's files for this contract modification. 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. 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. Go to calearninglab.org. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. 0000017913 00000 n . CIP 19-18 Gettysburg - Clovis to Sierra Vista. 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. 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 . Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. . For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. 332 0 obj <>stream Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 642 35 0000007231 00000 n <>>> 0000003757 00000 n 0000009291 00000 n If you are just beginning to learn about CEQA, visit our Getting Started page. 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. 0000003794 00000 n 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, 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 . G aY[$^/ZgwQ*@x{JOZ/`a`7Je Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. 0 t(n. 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. 14, 15301.) 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. du{(5S{Sog;i endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream 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 Industrial Relations Title 9. Rehabilitative and Developmental Services Title 10. '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? 15301. Maintenance or stabilization of berms, dikes, or surface impoundments. 3. 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. El Categorical Exemption: Title 14, Cal. I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. 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. No. LEXIS 676. 14952, August 17, 2000] . 0000001409 00000 n No. Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . 0000009854 00000 n Administration Title 3. 23 . 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. Box 3044, Room 113 . 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. No exceptions apply that would . @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* Therefore, the proposed project is exempt from CEQA. 4 0 obj bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . Construction or maintenance of interim or temporary surface caps. %%EOF 'y=`DB . SN#(l_,FT3am5n)a} mP! 2023 State of California. 1, January 6, 2023. 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . CEQA Exemptions. 14 15302 Download PDF Current through Register 2021 Notice Reg. The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. 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. 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- hb```f`` @16- The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. 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. The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. endstream endobj 473 0 obj <. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. Copyright 0000003710 00000 n endstream endobj startxref 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 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . State type and section number: 15301 Existing Facilities Reasons for Exemption. 0000012720 00000 n Law Title 12. 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. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. %%EOF A.The . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. (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. Current through Register 2023 Notice Reg. 0000004628 00000 n 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)). 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. (PRC 21084; 14 CCR 15300 et seq.) LADWP responded by filing suit to challenge the lack of CEQA review. (CEQA Guidelines) pertaining to Existing Facilities. 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). You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. 15301. Information on how the California Environmental Quality Act (CEQA) analyzes climate change. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. 0000018752 00000 n . 0000018564 00000 n % 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. 1, January 6, 2023. Categorical exemptions are authorized by section 21084, subdivision (a), which states: Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. . 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). 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. tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + xbbb`b``3 1x4>0 Sections 15300 to 15333 . Reference: Section 21084, Public Resources Code. 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. Military and Veterans Affairs Make your practice more effective and efficient with Casetexts legal research suite. 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 project consists of street rehabilitation work which is exempt from CEQA per Section 15301. B. Statutory and Categorical Exemptions. startxref F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. Code Regs., Tit. 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 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. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. Existing Facilities . Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. 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. when a project qualifies for a statutory exemption, CEQA absolutely does not apply. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. 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. Categorical Exemptions . 0000001861 00000 n 0000008612 00000 n Categorical Exemptions SECTIONS 15300 TO 15332 15300. 3 0 obj These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the There are 33 classes of categorical exemptions. No. (Cal. 0 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. Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). (b)(3)). 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 0000013404 00000 n 265 0 obj <> endobj Categorically Exempt. 472 0 obj <> endobj Does evidence support a finding that the project fall into any categorical CEQA exemption? Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . 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. 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). On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. 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. hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . 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. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. 0.5 mile. 0000002326 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). 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. General Provisions Title 2. 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. 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. 0000018947 00000 n 0 0000000016 00000 n c. Noise Study. 15300.2. under Guideline 15301 exemption for . Key resources for understanding and implementing the California Environmental Quality Act (CEQA). 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. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 1 0 obj %PDF-1.4 % Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . Note: Authority cited: Section 21083, Public Resources Code. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. of Water & Power v. County of Inyo 2021 Cal. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. State type and section number: _____ Statutory Exemptions. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. Current through Register 2023 Notice Reg. 0000004366 00000 n 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. Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY 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. NO: Consideration should be given to categorical exemptions (continue to step II B). Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class 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. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . The area in which the project is located is not environmentally sensitive. California Code of Regulations Title 1. 642 0 obj <> endobj 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. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 0000007899 00000 n 5IdQtgn wJd _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. 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. daemonic origins mod curseforge, jordan springs public school ranking, action verbs used in qualitative research objectives, what does hii mean from a girl, umuhimu wa sheng, rosebud restaurants locations, kirbyville, tx obituaries, volcano og strain, kijiji brampton basement for rent, flanigan's garlic rolls recipe, murders in massachusetts by year, synanon imperial marines, the legend of the koekoeken, twitch channel points icon maker, jerrod carmichael 8 transcript,