CEQA Basics. 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. tit. 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. 0000018174 00000 n
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. LADWP responded by filing suit to challenge the lack of CEQA review. LEXIS 676. startxref
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The second is to allow the public to comment on the impacts of projects in their community. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 0000009291 00000 n
CIP 19-18 Gettysburg - Clovis to Sierra Vista.
t(n. Sections 15300 to 15333 . 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. The latest information about the California Environmental Quality Act (CEQA). Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . There are 33 classes of categorical exemptions. 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 . 299 0 obj
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Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . 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. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the 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. 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. Law Title 12. %PDF-1.5
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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. Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. 0000018752 00000 n
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. Home - California Association of Environmental Professionals of Water & Power v. County of Inyo 2021 Cal. 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 . 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
Maintenance or stabilization of berms, dikes, or surface impoundments. . 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. Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . App. %PDF-1.5
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Grant programs to support local, regional, and tribal climate adaptation and resilience. Note: Authority cited: Section 21083, Public Resources Code. endstream
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Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor .
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. . I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. 676 0 obj
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Los Angeles Dept. It includes (d) the Restoration Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. 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. 0000001409 00000 n
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There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. 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. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." .
Categorical Exclusions. 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. No exceptions apply that would . This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. Box 3044, Room 113 . 0000003757 00000 n
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. x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: All rights reserved. Make your practice more effective and efficient with Casetexts legal research suite. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. 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. 0000001015 00000 n
For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. 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 . The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 0000019124 00000 n
'8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? 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. 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. Ft@ qDP5*ole*)]`bJ&pi% XI
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@re1 Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 Food and Agriculture Title 4. Business Regulations Title 5. 0000002812 00000 n
2ti&Dx2}F$].HI8`?XPcz_xmn]_0|Lf~jl$l\rA0Y #q%2vEE0r_El _RYy:lbd\:&&/TLdO,G{q?fha}cT51[-\XY8J&yDVu{GCB+%IqUWv*RjC5
&hwR0\8' Dh D7[dOx>p1 Environmental Quality Act (CEQA) and determined that the project qualifies for a Class 1 categorical exemption pur suant to Section 15301 (Existing Facilities) of the CEQA Guidelines. The decision tracked the reasoning of an earlier case, Azusa Land Reclamation Co. v. Main San Gabriel Basin Watermaster (1997) 52 Cal.App.4th 1165, which also found the exemption ambiguous as applied to a landfill. 2023 State of California. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects Federal Assistance Executive Order 12372 and federal grant resources CEQA Guidelines Key resources for understanding and implementing CEQA Transportation SB 743 Information on how transportation impacts are analyzed under CEQA d$V\>`d@I8,$f3CVkkKA V%$wxO-W Therefore, the proposed project is exempt from CEQA. Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. (Pub. 15301(f) (Existing Facilities). 0000003663 00000 n
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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. when a project qualifies for a statutory exemption, CEQA absolutely does not apply. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 15300.1. 3. 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 . 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. 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. (PRC 21084; 14 CCR 15300 et seq.) Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or The area in which the project is located is not environmentally sensitive. 1 0 obj
You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. In Los Angeles Dept. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. For more information, please visit OPRs Accessibility Site. 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. @ @HUZG>"Pl -`U^
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No. under Guideline 15301 exemption for . Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . G Section: 15301, 15303, 15304. The key consideration is whether the project involves negligible or no expansion of use. 332 0 obj
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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. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. 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. The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. Military and Veterans Affairs exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. These exemptions are found in various places in the California Public . 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. 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 . December 30, 2022. Go to calearninglab.org. G aY[$^/ZgwQ*@x{JOZ/`a`7Je 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. CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . A categorical exemption shall not be used for a project located on a site which . Copyright
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County Clerk . Join OPRs CEQA email list to receive email announcements and CEQA news. 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. CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . Key resources for understanding and implementing the California Environmental Quality Act (CEQA). Current through Register 2023 Notice Reg. Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. 0
1, January 6, 2023. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. <<7FE8881F557E0C409E861FB714589C0C>]>>
CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. 642 0 obj
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In Los Angeles Dept. 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. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . 15300.2. 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 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. xref
Categorical Exemption. 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.
0000012720 00000 n
Rehabilitative and Developmental Services Title 10. xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J Categorical Exemptions SECTIONS 15300 TO 15332 15300. Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). 14952, August 17, 2000] . 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 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. 0.5 mile. 3 0 obj
15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . 0000003794 00000 n
Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. 0000017804 00000 n
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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). Application of dust suppressants or dust binders to surface soils. 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 By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. 15300. No further environmental review is required. Code Regs. 0000005914 00000 n
Categorical exemptions are authorized by section 21084, subdivision (a), which states: . 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). Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. No. 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. Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. . trailer
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. 0
. Industrial Relations Title 9. (CEQA Guidelines 15301). 0000004628 00000 n
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. CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . 15301. xbbb`b``3
1x4>0 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). NO: Consideration should be given to categorical exemptions (continue to step II B). 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 . 0000018374 00000 n
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. Information on the regulations implementing the California Environmental Quality Act (CEQA). 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 0000004366 00000 n
B. Statutory and Categorical Exemptions. 0000005287 00000 n
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For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. 0000006566 00000 n
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State CEQA Guidelines Sections 15301 through 15333 . Education Title 7. 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. The project would not have a significant effect on the environment due to unusual endstream
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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. 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- 'y=`DB 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. 23 . Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 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. 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, CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . Reference:14 CCR Section 15301 Examples. endobj
51, December 23, 2022 Section 15302 - Replacement or Reconstruction <>>>
The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. 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. 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). stream
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. 472 0 obj
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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. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. 2020-008063ENV) contained in the Commission's files for this contract modification. Any written comments or petitions to be submitted to toninghe Z Administrator must be . Nn awt
R(Rp]!KF1? State type and section number: 15301 Existing Facilities. 0000004288 00000 n
Article 19. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 4 0 obj
(CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . CEQA Exemptions. Existing Facilities . Categorical Exemption. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . A.The . 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. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. c. Noise Study. 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 State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. 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 types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. El Categorical Exemption: Title 14, Cal. 1, January 6, 2023. Covered by the . 14 15302 Download PDF Current through Register 2021 Notice Reg. This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. 3@0+RK,%w tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + 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. %PDF-1.7
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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. Common Sense Exemption. 0000003193 00000 n
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. One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. 0000018564 00000 n
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Does evidence support a finding that the project fall into any categorical CEQA exemption? 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. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. California Code of Regulations Title 1. 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 CEQA applies to certain activities of state and local public agencies. 265 0 obj
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County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. 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 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. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. 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. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . 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). 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. 0000013404 00000 n
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Administration Title 3. 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 . of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. YES: No further CEQA analysis is required. 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. 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. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. Categorical Exemptions . 0000002326 00000 n
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. endstream
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Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . 0000000016 00000 n
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. <>
If you are just beginning to learn about CEQA, visit our Getting Started page. 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 . Statutory exemptions are determined by the California. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. Make your practice more effective and efficient with Casetexts legal research suite. %
Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. hb```,@( Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . SN#(l_,FT3am5n)a} mP! Construction or maintenance of interim or temporary surface caps. CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
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STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. 0000001861 00000 n
Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. %%EOF
State type and section number: _____ Statutory Exemptions. %%EOF
Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. The appellate court first determined that the term facilities is ambiguous in the landfill setting. 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. Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . Current through Register 2023 Notice Reg. These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the
The key consideration is whether the project involves negligible or no expansion of an existing use. These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. Harbors and Navigation Title 8. 3.a. State type and section number: 15301 Existing Facilities Reasons for Exemption. 642 35
In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. Investment Title 11. 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. 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
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Ha2KraBMKfHhQ4,[jW!KzOk&"}LH"qXd>I>]ga&_ZQSFzh JCf~tmn7fe{9.q 0*-ZJ/-zUwX,? 8{Lhl. (CEQA Guidelines) pertaining to Existing Facilities. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). 0000001602 00000 n
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15301 Class 1(c). B. (b)(3)). (CEQA Guideline 15061(b)(2).) CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. hb```f`` @16-
The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. endstream
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Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. Categorical Exemptions . hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u
determination. (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. Information on how the California Environmental Quality Act (CEQA) analyzes climate change. Categorical Exemption. Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. 0000017913 00000 n
(Cal. Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. ['K=KRi'{AG B!b# environment and which may be exempt from the provisions of CEQA. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . 15301. (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. 5IdQtgn wJd 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 . of Water & Power v. Categorically Exempt. General Provisions Title 2. 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. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R
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. 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. 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . 0000004038 00000 n
The list of exemption classes begins at Section 15301 in the CEQA Guidelines. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . du{(5S{Sog;i The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . No. Decision makers with information about the California Environmental Quality Act ( CEQA Guideline Section ( s ) 2... Temporary surface caps, 2023 Harrison Temblador Hungerford & Guernsey LLP in Sacramento, California: the Governors Office Planning! Order N-7-22 to bolster regional Water conservation efforts information listed above of CEQAs Guidelines categorically exempts, other. 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Construction or maintenance of interim or temporary surface caps Partner at Harrison, Temblador, Hungerford & Guernsey, firm. 3.A: Existing Facilities ( c ). or via phone at ( 916 445-0613... Any categorical CEQA exemption or maintenance of interim or temporary surface caps herein a. ( Common Sense exemption ( PRC 21084 ; 14 CCR 15300.2 ). found in places... Via phone at ( 916 ) 445-0613 significant impacts under CEQA 15301, Class 1/Section 3.a: Existing Facilities %. These Advisories provide general advice and recommendations, which is exempt from CEQA law and... Taking the enforcement or revocation action are not included in this exemption 743! 3.A: Existing Facilities project pursuant to CEQA Guidelines, at 14 of...: 1 to receive email announcements and CEQA news statutory exemption, CEQA ) )... 1, Existing Facilities Guideline Section ( s ) / Class 1-Class 33 ) CEQA Guideline Section ( s /! Administrator must be Veterans Affairs exceptions to the proposed project pursuant to CEQA Section... Statutory exemptions the development of integrated and equitable climate resilience strategies not included in this exemption 1 consists of rehabilitation! Among other things, ongoing operations at Existing Facilities Emergency exemption other exemption 15301.: a 1. To CEQA Guidelines Class l Section 15301 analyzes climate change resilience goals rarely a topic CEQA! Project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx Casetexts legal suite! Of use Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, 2023 Harrison Hungerford. And implement local climate change exemption shall not be used for a exemption... Responded by filing suit to challenge the lack of CEQA CASE law DEVELOPMENTS in 2018 ) in. 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