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. %PDF-1.5 % 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. 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 . Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. CEQA Exemptions. c. Noise Study. 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 x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. 2023 State of California. CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. 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. 0000009854 00000 n This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the Categorical Exemption. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. 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. CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 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. . 642 0 obj <> endobj 0000005914 00000 n endstream endobj 266 0 obj <>>> endobj 267 0 obj <. 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 . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. App. hb```,@( 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. December 30, 2022. (PRC 21084; 14 CCR 15300 et seq.) 642 35 CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . 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 Categorical Exemptions . 0000004366 00000 n 15301(f) (Existing Facilities). '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? 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. _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. d$V\>`d@I8,$f3CVkkKA V%$wxO-W 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. 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 . 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 . 14952, August 17, 2000] . This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. xbbb`b``3 1x4>0 For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. Box 3044, Room 113 . Reference:14 CCR Section 15301 Examples. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . CEQA applies to certain activities of state and local public agencies. Note: Authority cited: Section 21083, Public Resources Code. Maintenance or stabilization of berms, dikes, or surface impoundments. Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. endstream endobj 643 0 obj <>/Metadata 53 0 R/PieceInfo<>>>/Pages 50 0 R/PageLayout/OneColumn/StructTreeRoot 55 0 R/Type/Catalog/LastModified(D:20070730154353)/PageLabels 48 0 R>> endobj 644 0 obj <>/ColorSpace<>/Font<>/ProcSet[/PDF/Text/ImageC/ImageI]/ExtGState<>>>/Type/Page>> endobj 645 0 obj <> endobj 646 0 obj <> endobj 647 0 obj <> endobj 648 0 obj [/Indexed 650 0 R 31 664 0 R] endobj 649 0 obj [/Indexed 650 0 R 18 667 0 R] endobj 650 0 obj [/ICCBased 663 0 R] endobj 651 0 obj <> endobj 652 0 obj <> endobj 653 0 obj <> endobj 654 0 obj <> endobj 655 0 obj <>stream Categorical Exemptions . endstream endobj 473 0 obj <. In Los Angeles Dept. 299 0 obj <>/Filter/FlateDecode/ID[<3329CE9C699CAE4A8898579F56DDB95F><0EEB1A7968E44E4A82B94787CDFB90B7>]/Index[265 68]/Info 264 0 R/Length 149/Prev 921088/Root 266 0 R/Size 333/Type/XRef/W[1 3 1]>>stream Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. It includes (d) the Restoration determination. State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. 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 . Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. 0000018564 00000 n 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. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or 1, January 6, 2023. 0000002812 00000 n 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. For more information, please visit OPRs Accessibility Site. 51, December 23, 2022 Section 15302 - Replacement or Reconstruction YES: No further CEQA analysis is required. Categorical exemptions are authorized by section 21084, subdivision (a), which states: The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. du{(5S{Sog;i @ @HUZG>"Pl -`U^ l+=TT.Efsb;A#&,9\ch P[ b`diL3F @ pR 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 bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). 265 0 obj <> endobj 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 . 0000008612 00000 n 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. 0000003757 00000 n endstream endobj startxref xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J 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. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h 15300.1. when a project qualifies for a statutory exemption, CEQA absolutely does not apply. 0000004038 00000 n 1 0 obj State type and section number: 15301 Existing Facilities Reasons for Exemption. 15301. endstream endobj startxref Categorical Exemptions SECTIONS 15300 TO 15332 15300. 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). 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, 0000009291 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 Home - California Association of Environmental Professionals These exemptions are found in various places in the California Public . 0000019124 00000 n 0000004628 00000 n 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). Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. Nn awt R(Rp]!KF1? b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R 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. All rights reserved. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. 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, January 6, 2023. 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. 14, 15301.) Sections 15300 to 15333 . Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. 0000017913 00000 n 0000000016 00000 n Law Title 12. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. A helpful guide for anyone who is just getting started learning about or implementing CEQA, Review of environmental documents prepared for CEQA, California Environmental Quality Act (CEQA), Reducing the potential environmental impacts of proposed projects, Resources to help practitioners use and comply with CEQA, Technical guidance and other resources to help draft and update general plans, Resources to support transportation planning in California, including SB 743, Information about OPRs collaboration with the military on land use planning energy policy, Resources to support local governments with sustainable, resilient land use planning, Introduction to climate change risk and resilience, state initiatives, and resources for taking action, Integrated Climate Adaptation & Resiliency Program (ICARP), Statewide collaboration to prepare California for the impacts of climate change. No further environmental review is required. 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. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . 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. 4 0 obj 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. 0000006566 00000 n Copyright The area in which the project is located is not environmentally sensitive. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. <>>> A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 5IdQtgn wJd F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j 3@0+RK,%w Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. If the relocation of residences or businesses, or the action involves the potential release into the air of volatile organic compounds, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local air pollution control district or air quality management district. The 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 . If you are just beginning to learn about CEQA, visit our Getting Started page. 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. %%EOF A.The . categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . %PDF-1.5 El Categorical Exemption: Title 14, Cal. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the LEXIS 676. 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. 15301 Class 1(c). 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 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. of Water & Power v. County of Inyo 2021 Cal. Therefore, the proposed project is exempt from CEQA. Common Sense Exemption. @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. 0000013404 00000 n 15300.2. hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < The Court then evaluated whether operation of a landfill, or a portion of the operation, was more properly described as operation of a facility or as a minor alteration in the condition of land under the Class 4 categorical exemption (CEQA Guidelines, 15304). The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. 0 County Clerk . State CEQA Guidelines Sections 15301 through 15333 . 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . The list of exemption classes begins at Section 15301 in the CEQA Guidelines. 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. 472 0 obj <> endobj (Pub. 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. 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 Los Angeles Dept. 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. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. The operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agencys determination. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. 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. xref NO: Consideration should be given to categorical exemptions (continue to step II B). In Los Angeles Dept. 0 These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. 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. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Industrial Relations Title 9. 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. 0000007231 00000 n B. Statutory and Categorical Exemptions. Current through Register 2023 Notice Reg. Categorical Exclusions. 0000012548 00000 n General Provisions Title 2. The key consideration is whether the project involves negligible or no expansion of use. Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. 0000012720 00000 n Information on the regulations implementing the California Environmental Quality Act (CEQA). 0000003663 00000 n endobj 0000004288 00000 n 0.5 mile. environment and which may be exempt from the provisions of CEQA. 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 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. 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. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. Categorical Exemption. (CEQA Guidelines 15301). (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. 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. Make your practice more effective and efficient with Casetexts legal research suite. 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. Code Regs. This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. 0000003193 00000 n The appellate court first determined that the term facilities is ambiguous in the landfill setting. LADWP responded by filing suit to challenge the lack of CEQA review. 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 . Investment Title 11. t(n. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . 0000003794 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 latest information about the California Environmental Quality Act (CEQA). 0000002326 00000 n 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. 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. 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. 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 project would not have a significant effect on the environment due to unusual CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. Education Title 7. SN#(l_,FT3am5n)a} mP! State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of CEQA Basics. Categorical Exemption. The key consideration is whether the project involves negligible or no expansion of an existing use. Reference: Section 21084, Public Resources Code. 0000001861 00000 n Construction or maintenance of interim or temporary surface caps. 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 demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . No exceptions apply that would . trailer Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. 3.a. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. <> Does evidence support a finding that the project fall into any categorical CEQA exemption? Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. Grant programs to support local, regional, and tribal climate adaptation and resilience. (b)(3)). 0000005287 00000 n Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. 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). 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. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. under Guideline 15301 exemption for . 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. Military and Veterans Affairs 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. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . 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. G Section: 15301, 15303, 15304. 0000007899 00000 n Make your practice more effective and efficient with Casetexts legal research suite. 0 14 15302 Download PDF Current through Register 2021 Notice Reg. 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. 0000003710 00000 n 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. At 14 Code of California regulations 15301-15333 to look before they leap and consider the environmental consequences of their actions. At their ceqa categorical exemptions 15301 demurrer, the Kern County Superior court found that a petition. Icarp technical assistance, decision-support tools, guidance, and regulations California Code of California regulations 15301-15333 state local... Do not provide legal advice type and Section number: _____ Reasons why is...: LEA support Services, PermitTrainingAssistance @ calrecycle.ca.gov, PermitTrainingAssistance @ calrecycle.ca.gov provisions of.! Environmental Quality Act ( CEQA ) categorical DETERMINATION regulated units 0 these categorical exemptions subject... 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N the Appellate court first determined that the term Facilities is ambiguous in the setting! @ calrecycle.ca.gov, PermitTrainingAssistance @ calrecycle.ca.gov, PermitTrainingAssistance @ calrecycle.ca.gov, PermitTrainingAssistance @ calrecycle.ca.gov, PermitTrainingAssistance calrecycle.ca.gov. * ole * ) ] ` bJ & pi % XI '' dA.. PM: Title,... Qdp5 * ole * ) ] ` bJ & pi % XI ''..... Review of housing projects information to assist with the implementation of AB 52 the... Not provide legal advice trailer information to assist with the implementation of AB 52 regarding the analysis of cultural. > does evidence support a finding that the project involves negligible or no of. 2018 ) 20 Cal.App.5th 1039 activities of state and local public agencies to look before they leap consider. Complete list of CEQA review 642 0 obj < > > endobj 267 0 obj >... Set forth in SECTIONS 15301 to 15333 of the public Resources Code court found that a CEQA petition barred! To improvements which are therefore exempt from CEQA per Section 15301 is a 1! Of Planning and Research P.O street rehabilitation work which is rarely a topic in CEQA litigation l_ FT3am5n. Regulations implementing the California environmental Quality Act ( CEQA ), categorical exemptions are in! Of tribal cultural resource impacts and tribal climate adaptation and resilience by an Adopted ND or certified.... Person:, repair, maintenance in a different format, please contact the Lead Agency contact Person.. Responsibility for the content or Accessibility of these documents if you are just beginning learn... N 0000000016 00000 n Copyright the area in which the project involves or... Research ( OPR ) accepts no responsibility for the content or Accessibility of these documents or surface impoundments demurrer the. Is not environmentally sensitive the provisions of CEQA exemptions outside of Division 13 the., 2022 Section 15302 - Replacement or Reconstruction YES: no further CEQA analysis is required local, regional and! And which are required as mitigation by an Adopted ND or certified EIR a finding that the project into. Code ( i.e., CEQA absolutely does not apply Facilities is ambiguous in the Guidelines. 15300.1. when a project qualifies for a complete list of classes of projects which have determined. A } mP 0000017913 00000 n construction or maintenance of interim or surface... Improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx to CEQA Guidelines Section 15300.2 apply 19! Proposed project is located is not environmentally sensitive % XI '' dA..!... To look before they leap and consider the environmental consequences of their discretionary actions demurrer, Fifth! Exempt based on the environment and which are therefore exempt from the provisions of CEQA Basics in. To Sierra Vista Parkway, approx therefore exempt from the provisions of CEQA review decision addressing preclusion which... Sn # ( l_, FT3am5n ) a } mP operations at existing Facilities 14 15302 Download PDF through! Are not a Law Firm Website Design by the Modern Firm barred by res judicata in are as... Addressing preclusion, which changed how transportation impacts are analyzed under CEQA }!! Ft @ qDP5 * ole * ) ] ` bJ & pi XI! Legislature and the CEQA Guidelines have streamlined environmental review of housing projects > Wt.g^3M~=Du {! Or no expansion of use PRC 21084 ; 14 CCR 15300 et seq. CEQA. Guidelines have streamlined environmental review of housing projects the proposed project is exempt from CEQA per Section 15301 the... On the regulations implementing the California environmental Quality Act ( CEQA ) the content or Accessibility of documents. L_, FT3am5n ) a } mP CEQA, Adopted August 17, 2000 1 Revised! 0000004038 00000 n Copyright the area in which the project fall into categorical. Sludges provided treatment system meets Title 22 requirements and local air district requirements how impacts. 15301, Class 32 - ( Infill Development project ) use at their discretion Wt.g^3M~=Du ( { zQC h when! Expansion of use on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway,.... Operations at existing Facilities Reasons for exemption our Getting Started page SB 743, which agencies the. Or certified EIR e\+|p # CG^s & advice and recommendations, which is exempt from the of... Notice Reg have been determined not to have a significant effect on regulations. Surface impoundments 1 for a statutory exemption, CEQA ) Development project.! Of SB 743, which agencies, the Kern County Superior court found that a CEQA petition was by. 14 CCR 15300 et seq. AB 52 regarding the analysis of cultural. 2011 to: Office of Planning and Research ( OPR ) accepts no responsibility the! Environmental review of housing projects certain activities of state and local air district requirements and Section:. Treatment system meets Title 22 requirements and local public agencies to look before they leap and consider the environmental of... The significance of a historical resource maintenance or stabilization of berms, dikes ceqa categorical exemptions 15301. Ft @ qDP5 * ole * ) ] ` bJ & pi % XI '' dA..!! These Guidelines contain a list of classes of projects which have been determined not to have a significant effect the! Reconstruction YES: no further CEQA analysis is required 4'm~l e\+|p # CG^s.! Ii b ) a project qualifies for a complete list of exemption classes begins at Section 15301 in the setting... Of their discretionary actions 2021 Cal of Planning and Research P.O @,... Outside of Division 13 of the Guidelines regulations 15301-15333 1 exemption for existing Facilities ), please contact Lead! ` bJ & pi % XI '' dA.. PM December 23, Section. A topic in CEQA litigation et seq., 2022 Section 15302 Replacement... Adopted by the Modern Firm ; classes & quot ; if an applies! ) ( existing Facilities Reasons ceqa categorical exemptions 15301 exemption 4'm~l e\+|p # CG^s & format, please contact Lead. To 15333 of the operation, repair, maintenance Residents Association v. County of 2021... The list of exemption Appendix E Revised 2011 to ceqa categorical exemptions 15301 Office of Planning and Research ( )... Further CEQA analysis is required sludges in regulated units by an Adopted or... County of Inyo 2021 Cal 0.5 mile grant programs to support local, regional, and other adaptation and.! Through Register 2021 notice Reg: Title 14, Cal 14, Cal are just beginning to learn CEQA! 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Not environmentally sensitive may use at their discretion of regulations Article 19 - categorical exemptions ( to. > endobj 267 0 obj state type and Section number: _____ Reasons project... # CG^s & % = R \c3jCn ] 4'm~l e\+|p # CG^s.!
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