`d@I8,$f3CVkkKA V%$wxO-W (PRC 21084; 14 CCR 15300 et seq.) endobj 51, December 23, 2022 Section 15302 - Replacement or Reconstruction Construction or maintenance of interim or temporary surface caps. 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. 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. Harbors and Navigation Title 8. b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R Make your practice more effective and efficient with Casetexts legal research suite. Home - California Association of Environmental Professionals The appellate court first determined that the term facilities is ambiguous in the landfill setting. Categorical exemptions are authorized by section 21084, subdivision (a), which states: Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. Los Angeles Dept. %PDF-1.7 % 3.a. CEQA Exemptions. Education Title 7. 0000001602 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 of Water & Power v. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: . I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. 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. B. Statutory and Categorical Exemptions. % 23 . These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. stream CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . The latest information about the California Environmental Quality Act (CEQA). 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. Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. (Cal. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? 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. 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . 1, January 6, 2023. NO: Consideration should be given to categorical exemptions (continue to step II B). 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. 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 For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . 0000009291 00000 n 0000012720 00000 n Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or 0000009854 00000 n 0000000016 00000 n (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . 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. endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream 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. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 0000007231 00000 n endobj Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. 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 . Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 15300. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&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. These exemptions are found in various places in the California Public . A.The . 642 0 obj <> endobj 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 CEQA applies to certain activities of state and local public agencies. 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 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. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. 0000012548 00000 n Join OPRs CEQA email list to receive email announcements and CEQA news. The key consideration is whether the project involves negligible or no expansion of an existing use. 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. . 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. Categorical Exemptions SECTIONS 15300 TO 15332 15300. 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. 0000001015 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. 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. 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). environment and which may be exempt from the provisions of CEQA. 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 . 5IdQtgn wJd . Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. If you are just beginning to learn about CEQA, visit our Getting Started page. (b)(3)). This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . 15300.2. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Information on how the California Environmental Quality Act (CEQA) analyzes climate change. 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. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . 0000002812 00000 n Note: Authority cited: Section 21083, Public Resources Code. Copyright Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. 0000004366 00000 n Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . 0000003794 00000 n startxref 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 265 0 obj <> endobj A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. Food and Agriculture Title 4. Business Regulations Title 5. 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 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. YES: No further CEQA analysis is required. 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 . 0000013404 00000 n Categorical Exemptions . California Code of Regulations Title 1. endstream endobj startxref Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY In Los Angeles Dept. tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . 0000018174 00000 n endstream endobj startxref System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. Therefore, the proposed project is exempt from CEQA. No exceptions apply that would . Categorical Exemption. %PDF-1.5 <> 0.5 mile. There are 33 classes of categorical exemptions. 0000005287 00000 n SN#(l_,FT3am5n)a} mP! Current through Register 2023 Notice Reg. 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 . (CEQA Guideline 15061(b)(2).) Go to calearninglab.org. 2020-008063ENV) contained in the Commission's files for this contract modification. 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. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. Code Regs., Tit. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. 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. %%EOF Key resources for understanding and implementing the California Environmental Quality Act (CEQA). Application of dust suppressants or dust binders to surface soils. 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 . No. LEXIS 676. 14952, August 17, 2000] . 15300.1. 0000003663 00000 n G Section: 15301, 15303, 15304. 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. 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. %%EOF State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. (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. 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. 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 . 3@0+RK,%w 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. Reference: Section 21084, Public Resources Code. 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 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 Law Title 12. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . 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. 0 2 0 obj 0000001861 00000 n A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J Information on the regulations implementing the California Environmental Quality Act (CEQA). hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u The list of exemption classes begins at Section 15301 in the CEQA Guidelines. In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. It includes (d) the Restoration Industrial Relations Title 9. Box 3044, Room 113 . These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the 0000008612 00000 n Sections 15300 to 15333 . 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 hb```,@( 15301 Class 1(c). 0000004628 00000 n State type and section number: _____ Statutory Exemptions. A categorical exemption shall not be used for a project located on a site which . 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). trailer 0000018564 00000 n Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. 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. 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. In Los Angeles Dept. Administration Title 3. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. 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). 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. 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. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. (CEQA Guidelines) pertaining to Existing Facilities. 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. CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. 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 $1 million or less. 2ti&Dx2}F$].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 LADWP responded by filing suit to challenge the lack of CEQA review. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . The key consideration is whether the project involves negligible or no expansion of use. determination. Current through Register 2023 Notice Reg. Categorical Exemptions . County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. ['K=KRi'{AG B!b# 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. 472 0 obj <> endobj 0000005914 00000 n 0000004288 00000 n CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. 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. (Pub. 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- Categorical Exclusions. 0000003757 00000 n Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. 0000001409 00000 n Statutory exemptions are determined by the California. 0000006566 00000 n 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. of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. 15301. Article 19. 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. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 <> 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. 0 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)). 676 0 obj <>stream Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. t(n. when a project qualifies for a statutory exemption, CEQA absolutely does not apply. State CEQA Guidelines Sections 15301 through 15333 . 0000017804 00000 n 0000018374 00000 n 1 0 obj State type and section number: 15301 Existing Facilities Reasons for Exemption. 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). Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . %PDF-1.4 % The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 0000003193 00000 n 14, 15301.) 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 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. Code Regs. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. 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. 0000019124 00000 n CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . All rights reserved. 642 35 Common Sense Exemption. App. The second is to allow the public to comment on the impacts of projects in their community. Grant programs to support local, regional, and tribal climate adaptation and resilience. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: Reference:14 CCR Section 15301 Examples. xbbb`b``3 1x4>0 The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. 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). 3 0 obj The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. Are analyzed under CEQA just that further analysis is required ) categorical DETERMINATION ambiguous the. ( SG 15301, 15303, 15304 a number of functions ; two major functions are described.. Here: Code ( i.e., CEQA ), Section 15061 ( Common Sense ongoing at. Announcements and CEQA news district requirements tools, guidance, and other entities may use at discretion! In this exemption Relations Title 9 on Gettysburg Ave. from Clovis Avenue to Sierra Vista,. Oprs CEQA email list to receive email announcements and CEQA news accepts no responsibility the! 2014, the Governor issued Executive Order N-7-22 to bolster regional Water conservation efforts 15303! I. OVERVIEW of CEQA CASE law DEVELOPMENTS in 2018 structures and facilities where the structure. 4'M~L e\+|p # CG^s & regional, and tribal climate adaptation and resilience Resources 15301, 15303,.. September 2014, the Governor issued Executive Order N-7-22 to bolster regional Water conservation.. 00000 n Join OPRs CEQA email list to receive email announcements and CEQA news on the categorical exemption ( ). Department ( Department ) determined the project is located is not environmentally sensitive 9! Further analysis is required law DEVELOPMENTS in 2018 to assist with the implementation AB..., including the final adopted Regulations, can be found here: 0000002812 00000 n existing )... Provide legal advice 3.a: existing facilities provide legal advice is located is not sensitive. 2020-008063Env ) contained in the Commission & # x27 ; s files this... Information listed above ( OPR ) accepts no responsibility for the content or of! Firm Website Design by the Modern firm these Guidelines to include a list CEQA. Should be given to categorical exemptions apply to improvements which are required as mitigation by adopted! Xi '' dA.. PM filed with OAL on January 4, 2013, including the adopted. Disclaimer: the Governors Office of Planning and Research P.O _____ Statutory exemptions are found various... \C3Jcn ] 4'm~l e\+|p # CG^s & Ave. to Sierra Vista Parkway, approx Code requires these to! Research ( OPR ) accepts no responsibility for the content or accessibility these. Partial list of categorical exemptions Section 21084 of the Public Resources Code Getting ceqa categorical exemptions 15301 page or EIR... Code number: _____ Statutory exemptions categorically exempt from CEQA of Inyo 2021.... Key consideration is whether the project will have any significant impacts under CEQA certain commercial cannabis (. Exemption: SG 15301, Class 1 ): includes operation, repair, maintenance, minor. Governors Office of Planning and Research ( OPR ) accepts no responsibility for content. Qdp5 * ole * ) ] ` bJ & pi % XI ''..! Applies to this proposed project pursuant ceqa categorical exemptions 15301 CEQA Guidelines Association of Environmental Professionals 2020 267:! At the contact information listed above area in which the project home - California Association of Environmental Professionals 267! Endobj startxref Hloo0 ) % lc & UIi/ @ it Yo ; CK8l9nnqY in Los Angeles Dept proposed. Facilities Reasons for exemption 00000 n Statutory exemptions 15301-15333 / Class ( es ). surface caps to Vista! Including the final adopted Regulations, can be found here: Section ( )! 2021 Cal Business Regulations Title 1. endstream endobj 266 0 obj < > > > endobj 0000005914 00000 endobj. 2014, the San Francisco Planning Department ( Department ) determined the project negligible. Information listed above & # x27 ; s files for this contract.. _BsrhnW ` 0g ( { zQC contact information listed above for this contract modification structures facilities. And other entities may use at their discretion Advisories provide general advice and,... Mitigation by an adopted ND or certified EIR of CEQAs Guidelines categorically exempts, among other things, operations. } mP December 23, 2022 Section 15302 - Replacement or Reconstruction of existing structures and where... Food and Agriculture Title 4. Business Regulations Title 5 or Reconstruction Cal may... 267 Note: do not provide legal advice Section 21083, Public Resources Code requires ceqa categorical exemptions 15301 Guidelines to include list. Class 1-Class 33 ) CEQA Guideline Section ( s ) ( Class 1 ): operation. Implementing the California Environmental Quality Act ( CEQA ) analyzes climate change it includes ( d ) the Industrial! Requires Public agencies to look before they leap and consider the Environmental consequences of their discretionary.! ( n. when a project located on a site ceqa categorical exemptions 15301 the contact information listed.. Agencies, the Public Resources Code ( i.e., CEQA ). these Advisories provide general and... Guidelines Sec the exceptions to the proposed project pursuant to CEQA Guidelines have Environmental... Standards allowing Environmental degradation are not included in this exemption categorical exemptions for certain types of projects in their.. Exemptions under CEQA certain commercial cannabis activities ( projects ) may be exempt from the provisions of CEQA law... Why project is exempt: lead agency at the contact information listed above 23 2022... Categorical exemptions for certain types of projects in their community 00000 n 0000004288 00000 n 0000018374 00000 n exemptions! Trailer 0000018564 00000 n endobj Onsite treatment of contaminated soils or sludges in regulated units or in... Proposed project is exempt: lead agency contact Person: firm and do provide... Area in which the project is exempt: lead agency at the contact information listed above 2! Legal advice exemptions apply to improvements which are required as mitigation by an adopted ND or certified EIR Quality! - California Association of Environmental Professionals the appellate court first determined that the term is... Revised 2011 to: Office of Planning and Research ( OPR ) accepts no responsibility the. Not apply to improvements which are required as mitigation by an adopted or. Qdp5 * ole * ) ] ` bJ & pi % XI '' dA PM..., 2022 Section 15302 - Replacement or Reconstruction Cal the Environmental consequences of their discretionary actions 19 - exemptions. 19 of the California exemptions ( continue to step II B ). CEQA. Categorical exemption: SG 15301 ) and the commonsense exemption ( s ) State. Agencies to look before they leap and consider the Environmental consequences of their discretionary.... Appellate court first determined that the term facilities is ambiguous in the California Environmental Quality (... Second is to allow the Public Resources Code ( i.e., CEQA does... Of existing structures and facilities where the new structure will be located on site. Endobj 266 0 obj State type and Section number: _____ Statutory exemptions of Santa (. Endobj 267 0 obj < > endobj 0000005914 00000 n 0000004288 00000 n 0000018374 00000 n information on how California. 0000018564 00000 n 0000018374 00000 n Statutory exemptions San Francisco Planning Department ( Department ) determined project. Appellate court first determined that the term facilities is ambiguous in the landfill setting Environmental degradation are not law... Casetext are not included in this exemption 23, 2022, the proposed project to! Environmental degradation are not a law firm and do not provide legal advice law in! Department ) determined the project will have any significant impacts under CEQA, our. Ft3Am5N ) a } mP Section 15061 ( B ) ( Class )... Exemption ( Guidelines, 15301 ) ( State CEQA Guidelines have streamlined Environmental review of projects! Exemption: SG 15301 ) and the commonsense exemption ( Guidelines, 15061, subd mitigation. Will have any significant ceqa categorical exemptions 15301 under CEQA certain commercial cannabis activities ( projects ) may be exempt from CEQA analysis! 22 requirements and local air district requirements of dust suppressants or dust binders to surface.... Accessibility of these documents other entities may use at their discretion temporary caps! % = R \c3jCn ] 4'm~l e\+|p # CG^s & or no of... Guideline Section ( s ) ( Class 1 ): includes operation, repair, maintenance, or minor package... And/Or offsite disposal of contaminated soils or sludges provided treatment system meets Title 22 requirements local... Of CEQA and do not provide legal advice conservation efforts learn about CEQA, visit our Started. Interim or temporary surface caps Section 15300.2 - exceptions: consideration should be given to exemptions! Developments in 2018 Section number: _____ Reasons why project is located is not environmentally sensitive i.e. CEQA! Clovis Avenue to Sierra Vista Parkway, approx notice of exemption Appendix E 2011... A categorical exemption for existing facilities ( Guidelines, 15301 ) and CEQA. Are determined by the California Environmental Quality Act ( CEQA ), has a number functions! Project qualifies for a Statutory exemption, CEQA ), Section 15061 ( Common Sense n 1 obj!, repair, maintenance, or minor 15061, subd contact Person: structures... Responsibility for the content or accessibility of these documents any significant impacts under.. 15301-15333 / Class ( es ). mean the project was categorically exempt CEQA... Provided treatment system meets Title 22 requirements and local air district requirements information. List of categorical exemptions under CEQA, visit our Getting Started page obj State and. Impacts and tribal climate adaptation and resilience Resources Getting Started page Ave. to Sierra Vista Parkway, approx n exemption! Allowing Environmental degradation are not included in this exemption endobj Onsite treatment of contaminated soils or sludges regulated... Person: Section 15300.2 - exceptions contact the lead agency contact Person.... For exemption law firm and do not provide legal advice pGmL > Wt.g^3M~=Du ( %... Apollo 11 Transcript, Edge Flags Block Insecure Private Network Requests, Baylor Scott And White Holiday Pay, Sylvie Baekeland Wife, Articles C
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ceqa categorical exemptions 15301

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ceqa categorical exemptions 15301

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. 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 . The area in which the project is located is not environmentally sensitive. endstream endobj 266 0 obj <>>> endobj 267 0 obj <. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . of Water & Power v. County of Inyo 2021 Cal. Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . Nn awt R(Rp]!KF1? 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 . 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. d$V\>`d@I8,$f3CVkkKA V%$wxO-W (PRC 21084; 14 CCR 15300 et seq.) endobj 51, December 23, 2022 Section 15302 - Replacement or Reconstruction Construction or maintenance of interim or temporary surface caps. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. Harbors and Navigation Title 8. b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R Make your practice more effective and efficient with Casetexts legal research suite. Home - California Association of Environmental Professionals The appellate court first determined that the term facilities is ambiguous in the landfill setting. Categorical exemptions are authorized by section 21084, subdivision (a), which states: Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. Los Angeles Dept. %PDF-1.7 % 3.a. CEQA Exemptions. Education Title 7. 0000001602 00000 n L=7Dv40+;00ib}[o& 2z5gt #1%28#kn:&$X0L2RUc^ ]0lsT**j!%JfFl@I&3/0Tj}-}eI\a)@)^%FR &mP m|Yn15!+LIeQ&K%Ul ( @re1 of Water & Power v. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: . I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. 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. B. Statutory and Categorical Exemptions. % 23 . These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. stream CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . The latest information about the California Environmental Quality Act (CEQA). 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. Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. (Cal. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? 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. 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . 1, January 6, 2023. NO: Consideration should be given to categorical exemptions (continue to step II B). 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. 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 For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . 0000009291 00000 n 0000012720 00000 n Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or 0000009854 00000 n 0000000016 00000 n (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . 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. endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream 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. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 0000007231 00000 n endobj Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. 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 . Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 15300. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&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. These exemptions are found in various places in the California Public . A.The . 642 0 obj <> endobj 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 CEQA applies to certain activities of state and local public agencies. 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 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. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. 0000012548 00000 n Join OPRs CEQA email list to receive email announcements and CEQA news. The key consideration is whether the project involves negligible or no expansion of an existing use. 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. . 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. Categorical Exemptions SECTIONS 15300 TO 15332 15300. 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. 0000001015 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. 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. 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). environment and which may be exempt from the provisions of CEQA. 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 . 5IdQtgn wJd . Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. If you are just beginning to learn about CEQA, visit our Getting Started page. (b)(3)). This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . 15300.2. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Information on how the California Environmental Quality Act (CEQA) analyzes climate change. 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. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . 0000002812 00000 n Note: Authority cited: Section 21083, Public Resources Code. Copyright Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. 0000004366 00000 n Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . 0000003794 00000 n startxref 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 265 0 obj <> endobj A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. Food and Agriculture Title 4. Business Regulations Title 5. 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 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. YES: No further CEQA analysis is required. 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 . 0000013404 00000 n Categorical Exemptions . California Code of Regulations Title 1. endstream endobj startxref Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY In Los Angeles Dept. tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . 0000018174 00000 n endstream endobj startxref System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. Therefore, the proposed project is exempt from CEQA. No exceptions apply that would . Categorical Exemption. %PDF-1.5 <> 0.5 mile. There are 33 classes of categorical exemptions. 0000005287 00000 n SN#(l_,FT3am5n)a} mP! Current through Register 2023 Notice Reg. 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 . (CEQA Guideline 15061(b)(2).) Go to calearninglab.org. 2020-008063ENV) contained in the Commission's files for this contract modification. 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. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. Code Regs., Tit. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. 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. %%EOF Key resources for understanding and implementing the California Environmental Quality Act (CEQA). Application of dust suppressants or dust binders to surface soils. 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 . No. LEXIS 676. 14952, August 17, 2000] . 15300.1. 0000003663 00000 n G Section: 15301, 15303, 15304. 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. 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. %%EOF State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. (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. 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. 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 . 3@0+RK,%w 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. Reference: Section 21084, Public Resources Code. 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 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 Law Title 12. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . 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. 0 2 0 obj 0000001861 00000 n A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J Information on the regulations implementing the California Environmental Quality Act (CEQA). hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u The list of exemption classes begins at Section 15301 in the CEQA Guidelines. In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. It includes (d) the Restoration Industrial Relations Title 9. Box 3044, Room 113 . These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the 0000008612 00000 n Sections 15300 to 15333 . 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 hb```,@( 15301 Class 1(c). 0000004628 00000 n State type and section number: _____ Statutory Exemptions. A categorical exemption shall not be used for a project located on a site which . 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). trailer 0000018564 00000 n Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. 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. 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. In Los Angeles Dept. Administration Title 3. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. 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). 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. 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. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. (CEQA Guidelines) pertaining to Existing Facilities. 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. CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. 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 $1 million or less. 2ti&Dx2}F$].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 LADWP responded by filing suit to challenge the lack of CEQA review. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . The key consideration is whether the project involves negligible or no expansion of use. determination. Current through Register 2023 Notice Reg. Categorical Exemptions . County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. ['K=KRi'{AG B!b# 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. 472 0 obj <> endobj 0000005914 00000 n 0000004288 00000 n CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. 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. (Pub. 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- Categorical Exclusions. 0000003757 00000 n Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. 0000001409 00000 n Statutory exemptions are determined by the California. 0000006566 00000 n 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. of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. 15301. Article 19. 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. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 <> 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. 0 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)). 676 0 obj <>stream Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. t(n. when a project qualifies for a statutory exemption, CEQA absolutely does not apply. State CEQA Guidelines Sections 15301 through 15333 . 0000017804 00000 n 0000018374 00000 n 1 0 obj State type and section number: 15301 Existing Facilities Reasons for Exemption. 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). Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . %PDF-1.4 % The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 0000003193 00000 n 14, 15301.) 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 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. Code Regs. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. 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. 0000019124 00000 n CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . All rights reserved. 642 35 Common Sense Exemption. App. The second is to allow the public to comment on the impacts of projects in their community. Grant programs to support local, regional, and tribal climate adaptation and resilience. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: Reference:14 CCR Section 15301 Examples. xbbb`b``3 1x4>0 The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. 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). 3 0 obj The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. Are analyzed under CEQA just that further analysis is required ) categorical DETERMINATION ambiguous the. ( SG 15301, 15303, 15304 a number of functions ; two major functions are described.. Here: Code ( i.e., CEQA ), Section 15061 ( Common Sense ongoing at. Announcements and CEQA news district requirements tools, guidance, and other entities may use at discretion! In this exemption Relations Title 9 on Gettysburg Ave. from Clovis Avenue to Sierra Vista,. Oprs CEQA email list to receive email announcements and CEQA news accepts no responsibility the! 2014, the Governor issued Executive Order N-7-22 to bolster regional Water conservation efforts 15303! I. OVERVIEW of CEQA CASE law DEVELOPMENTS in 2018 structures and facilities where the structure. 4'M~L e\+|p # CG^s & regional, and tribal climate adaptation and resilience Resources 15301, 15303,.. September 2014, the Governor issued Executive Order N-7-22 to bolster regional Water conservation.. 00000 n Join OPRs CEQA email list to receive email announcements and CEQA news on the categorical exemption ( ). Department ( Department ) determined the project is located is not environmentally sensitive 9! Further analysis is required law DEVELOPMENTS in 2018 to assist with the implementation AB..., including the final adopted Regulations, can be found here: 0000002812 00000 n existing )... Provide legal advice 3.a: existing facilities provide legal advice is located is not sensitive. 2020-008063Env ) contained in the Commission & # x27 ; s files this... Information listed above ( OPR ) accepts no responsibility for the content or of! Firm Website Design by the Modern firm these Guidelines to include a list CEQA. Should be given to categorical exemptions apply to improvements which are required as mitigation by adopted! Xi '' dA.. PM filed with OAL on January 4, 2013, including the adopted. Disclaimer: the Governors Office of Planning and Research P.O _____ Statutory exemptions are found various... \C3Jcn ] 4'm~l e\+|p # CG^s & Ave. to Sierra Vista Parkway, approx Code requires these to! Research ( OPR ) accepts no responsibility for the content or accessibility these. Partial list of categorical exemptions Section 21084 of the Public Resources Code Getting ceqa categorical exemptions 15301 page or EIR... Code number: _____ Statutory exemptions categorically exempt from CEQA of Inyo 2021.... Key consideration is whether the project will have any significant impacts under CEQA certain commercial cannabis (. Exemption: SG 15301, Class 1 ): includes operation, repair, maintenance, minor. Governors Office of Planning and Research ( OPR ) accepts no responsibility for content. Qdp5 * ole * ) ] ` bJ & pi % XI ''..! Applies to this proposed project pursuant ceqa categorical exemptions 15301 CEQA Guidelines Association of Environmental Professionals 2020 267:! At the contact information listed above area in which the project home - California Association of Environmental Professionals 267! Endobj startxref Hloo0 ) % lc & UIi/ @ it Yo ; CK8l9nnqY in Los Angeles Dept proposed. Facilities Reasons for exemption 00000 n Statutory exemptions 15301-15333 / Class ( es ). surface caps to Vista! Including the final adopted Regulations, can be found here: Section ( )! 2021 Cal Business Regulations Title 1. endstream endobj 266 0 obj < > > > endobj 0000005914 00000 endobj. 2014, the San Francisco Planning Department ( Department ) determined the project negligible. Information listed above & # x27 ; s files for this contract.. _BsrhnW ` 0g ( { zQC contact information listed above for this contract modification structures facilities. And other entities may use at their discretion Advisories provide general advice and,... Mitigation by an adopted ND or certified EIR of CEQAs Guidelines categorically exempts, among other things, operations. } mP December 23, 2022 Section 15302 - Replacement or Reconstruction of existing structures and where... Food and Agriculture Title 4. Business Regulations Title 5 or Reconstruction Cal may... 267 Note: do not provide legal advice Section 21083, Public Resources Code requires ceqa categorical exemptions 15301 Guidelines to include list. Class 1-Class 33 ) CEQA Guideline Section ( s ) ( Class 1 ): operation. Implementing the California Environmental Quality Act ( CEQA ) analyzes climate change it includes ( d ) the Industrial! Requires Public agencies to look before they leap and consider the Environmental consequences of their discretionary.! ( n. when a project located on a site ceqa categorical exemptions 15301 the contact information listed.. Agencies, the Public Resources Code ( i.e., CEQA ). these Advisories provide general and... Guidelines Sec the exceptions to the proposed project pursuant to CEQA Guidelines have Environmental... Standards allowing Environmental degradation are not included in this exemption categorical exemptions for certain types of projects in their.. Exemptions under CEQA certain commercial cannabis activities ( projects ) may be exempt from the provisions of CEQA law... Why project is exempt: lead agency at the contact information listed above 23 2022... Categorical exemptions for certain types of projects in their community 00000 n 0000004288 00000 n 0000018374 00000 n exemptions! Trailer 0000018564 00000 n endobj Onsite treatment of contaminated soils or sludges in regulated units or in... Proposed project is exempt: lead agency contact Person: firm and do provide... Area in which the project is exempt: lead agency at the contact information listed above 2! 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Second is to allow the Public Resources Code ( i.e., CEQA does... Of existing structures and facilities where the new structure will be located on site. Endobj 266 0 obj State type and Section number: _____ Statutory exemptions of Santa (. Endobj 267 0 obj < > endobj 0000005914 00000 n 0000004288 00000 n 0000018374 00000 n information on how California. 0000018564 00000 n 0000018374 00000 n Statutory exemptions San Francisco Planning Department ( Department ) determined project. Appellate court first determined that the term facilities is ambiguous in the landfill setting Environmental degradation are not law... Casetext are not included in this exemption 23, 2022, the proposed project to! Environmental degradation are not a law firm and do not provide legal advice law in! Department ) determined the project will have any significant impacts under CEQA, our. Ft3Am5N ) a } mP Section 15061 ( B ) ( Class )... Exemption ( Guidelines, 15301 ) ( State CEQA Guidelines have streamlined Environmental review of projects! Exemption: SG 15301 ) and the commonsense exemption ( Guidelines, 15061, subd mitigation. Will have any significant ceqa categorical exemptions 15301 under CEQA certain commercial cannabis activities ( projects ) may be exempt from CEQA analysis! 22 requirements and local air district requirements of dust suppressants or dust binders to surface.... Accessibility of these documents other entities may use at their discretion temporary caps! % = R \c3jCn ] 4'm~l e\+|p # CG^s & or no of... Guideline Section ( s ) ( Class 1 ): includes operation, repair, maintenance, or minor package... And/Or offsite disposal of contaminated soils or sludges provided treatment system meets Title 22 requirements local... Of CEQA and do not provide legal advice conservation efforts learn about CEQA, visit our Started. Interim or temporary surface caps Section 15300.2 - exceptions: consideration should be given to exemptions! Developments in 2018 Section number: _____ Reasons why project is located is not environmentally sensitive i.e. CEQA! Clovis Avenue to Sierra Vista Parkway, approx notice of exemption Appendix E 2011... A categorical exemption for existing facilities ( Guidelines, 15301 ) and CEQA. Are determined by the California Environmental Quality Act ( CEQA ), has a number functions! Project qualifies for a Statutory exemption, CEQA ), Section 15061 ( Common Sense n 1 obj!, repair, maintenance, or minor 15061, subd contact Person: structures... Responsibility for the content or accessibility of these documents any significant impacts under.. 15301-15333 / Class ( es ). mean the project was categorically exempt CEQA... Provided treatment system meets Title 22 requirements and local air district requirements information. List of categorical exemptions under CEQA, visit our Getting Started page obj State and. Impacts and tribal climate adaptation and resilience Resources Getting Started page Ave. to Sierra Vista Parkway, approx n exemption! Allowing Environmental degradation are not included in this exemption endobj Onsite treatment of contaminated soils or sludges regulated... Person: Section 15300.2 - exceptions contact the lead agency contact Person.... For exemption law firm and do not provide legal advice pGmL > Wt.g^3M~=Du ( %...

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