%PDF-1.5 1 0 obj when a project qualifies for a statutory exemption, CEQA absolutely does not apply. startxref 0000012720 00000 n Reference:14 CCR Section 15301 Examples. Categorical Exemption. 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. 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 676 0 obj <>stream <<7FE8881F557E0C409E861FB714589C0C>]>> Box 3044, Room 113 . endobj Law Title 12. 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 . Information on how the California Environmental Quality Act (CEQA) analyzes climate change. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 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 The list of exemption classes begins at Section 15301 in the CEQA Guidelines. of Water & Power v. CEQA applies to certain activities of state and local public agencies. Categorical Exemptions from the California Environmental Quality Act (CEQA) The California Environmental Quality Act (CEQA) and the Guidelines for implementation of CEQA adopted by the Secretary of the California Resources Agency require that local agencies adopt a list of categorical exemptions from CEQA. the 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, . The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. 0000002326 00000 n Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class 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)). 1, January 6, 2023. Rehabilitative and Developmental Services Title 10. 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. 15301(f) (Existing Facilities). Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. 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). One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. These exemptions are found in various places in the California Public . 0000017913 00000 n . I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. 0000008612 00000 n 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 . Code Regs., Tit. Military and Veterans Affairs x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: 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. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. 15301. 0000007899 00000 n The second is to allow the public to comment on the impacts of projects in their community. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. Los Angeles Dept. (Pub. 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. endstream endobj 473 0 obj <. 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 0000012548 00000 n 23 . <> 5IdQtgn wJd 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 'y=`DB 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. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. 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. tit. 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. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. %PDF-1.7 % under Guideline 15301 exemption for . Copyright 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). . Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). x\?}X4L su\4ECZcJd3_r%E6to|}UVa9+*q#?`+GWx;}5= RZCcko(LKJ|8HSTed.X/W7bOVI%4sC1588*qIDnF4 `Y,`-B8E.j8w\ldnp-|4},pd>n(*wYMV"y2!( K*C b Ha2KraBMKfHhQ4,[jW!KzOk&"}LH"qXd>I>]ga&_ZQSFzh JCf~tmn7fe{9.q 0*-ZJ/-zUwX,? 8{Lhl. Categorical Exclusions. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. 15300.1. Make your practice more effective and efficient with Casetexts legal research suite. endstream endobj startxref 0 No exceptions apply that would . The latest information about the California Environmental Quality Act (CEQA). A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. 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 The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. hb```f`` @16- (CEQA Guideline 15061(b)(2).) B. 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 State type and section number: _____ Statutory Exemptions. 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. Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. 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. 0000001602 00000 n This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. 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. 3.a. 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. Common Sense Exemption. 0000018752 00000 n Home - California Association of Environmental Professionals CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. 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 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 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. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. 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. Therefore, the proposed project is exempt from CEQA. Categorical exemptions are authorized by section 21084, subdivision (a), which states: Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? 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. 332 0 obj <>stream 2020-008063ENV) contained in the Commission's files for this contract modification. Sections 15300 to 15333 . d$V\>`d@I8,$f3CVkkKA V%$wxO-W CEQA Exemptions. 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). du{(5S{Sog;i The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: %%EOF 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). %PDF-1.4 % 0000018947 00000 n <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> No. The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective. CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . All rights reserved. (b)(3)). 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. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. 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. 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. 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. Categorical Exemption. 503 0 obj <>stream hb```,@( The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. State CEQA Guidelines Sections 15301 through 15333 . exempt from the california environmental quality act pursuant to ceqa guidelines sections 15301(c) (existing facilities), 15303 (new construction or conversion of small structures), 15304(h) (minor alterations to land), and 15311 (accessory structures); and that none of the exceptions to the exemptions found in ceqa guidelines section 15300.2 . The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. 0000009854 00000 n Any written comments or petitions to be submitted to toninghe Z Administrator must be . 0000004366 00000 n B. Statutory and Categorical Exemptions. . Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . 0000003193 00000 n Information on the regulations implementing the California Environmental Quality Act (CEQA). 0000007231 00000 n Key resources for understanding and implementing the California Environmental Quality Act (CEQA). Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY 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 . Categorical Exemptions . 265 0 obj <> endobj Does evidence support a finding that the project fall into any categorical CEQA exemption? CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream 472 0 obj <> endobj State type and section number: 15301 Existing Facilities. Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 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. (Cal. of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. endobj 3 0 obj This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . 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- Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. In Los Angeles Dept. Categorically Exempt. 2023 State of California. LADWP responded by filing suit to challenge the lack of CEQA review. 0000017804 00000 n 0000004628 00000 n hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. 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. Article 19. The project would not have a significant effect on the environment due to unusual Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 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. CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. For more information contact: LEA Support Services, [email protected], [email protected]. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the El Categorical Exemption: Title 14, Cal. The types of existing facilities itemized in14 CCR Section 15301are not intended to be all-inclusive of the types of projects which might fall within Class 1. xref The key consideration is whether the project involves negligible or no expansion of an existing use. 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 . Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 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 . 0000004288 00000 n Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. Maintenance or stabilization of berms, dikes, or surface impoundments. YES: No further CEQA analysis is required. Education Title 7. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. endstream endobj 266 0 obj <>>> endobj 267 0 obj <. 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. 15301. System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. 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. In Los Angeles Dept. 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. %PDF-1.5 % (CEQA Guidelines) pertaining to Existing Facilities. The area in which the project is located is not environmentally sensitive. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. (CEQA Guidelines 15301). Statutory exemptions are determined by the California. Note: Authority cited: Section 21083, Public Resources Code. 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. It includes (d) the Restoration 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. 0000013404 00000 n No cleanup shall be subject to this exemption if the action requires the onsite use of a hazardous waste incinerator or thermal treatment unit, or. ['K=KRi'{AG B!b# CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. 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). Code Regulations Guideline 15303, Class 3 pertaining to New Construction or Conversion of Existing Structures C] Categorical Exemption: CEQA Guidelines Class 1 Section 15301 Existing Facilities (c) Cl Statutory Exemptions: CEQA Guidelines Section 15262 Feasibility and Planning Studies . 1, January 6, 2023. 15300.2. 0000004038 00000 n 2ti&Dx2}F$].HI8`?XPcz_xmn]_0|Lf~jl$l\rA0Y #q%2vEE0r_El _RYy:lbd\:&&/TLdO,G{q?fha}cT51[-\XY8J&yDVu{GCB+%IqUWv*RjC5 &hwR0\8' Dh D7[dOx>p1 Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. G aY[$^/ZgwQ*@x{JOZ/`a`7Je xbbb`b``3 1x4>0 0000009291 00000 n 0000018374 00000 n 0000006566 00000 n The Executive Order suspends Public Resources Code, Division 13 (commencing with section 21000, also known as the California Environmental Quality Act or CEQA) and regulations adopted pursuant to that Division under specified circumstances. Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . Food and Agriculture Title 4. Business Regulations Title 5. Join OPRs CEQA email list to receive email announcements and CEQA news. Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h Administration Title 3. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . Reference: Section 21084, Public Resources Code; North County Advocates v. City of Carlsbad (2015) 241 Cal.App.4th 94; Communities for a Better Environment v. South Coast Air Quality Management Dist. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. 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 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 %%EOF @ @HUZG>"Pl -`U^ l+=TT.Efsb;A#&,9\ch P[ b`diL3F @ pR Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the 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 . 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. LEXIS 676. G 15061(b)(3) - It can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the activity is not subject to the CEQA. endobj the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. <> Grant programs to support local, regional, and tribal climate adaptation and resilience. 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. No further environmental review is required. 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. 0000018174 00000 n 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. 2 0 obj 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. 4 0 obj . Exceptions to Categorical Exemptions If the project is determined to be categorically exempt, Caltrans must consider whether the exemption is negated by an exception pursuant to CEQA Guidelines, Section 15300.2, and Public Resources Code, Section 21084. 642 0 obj <> endobj 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. G Section: 15301, 15303, 15304. F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j Industrial Relations Title 9. 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. Other things, ongoing operations at existing Facilities to plan and implement local change... 2020-008063Env ) contained in the California Environmental Quality Act ( CEQA ) )! Structures & quot ; small structures & quot ; categorical exemption the categorical from! System of 13 microcell transmitters properly determined to be submitted to toninghe Z Administrator must be the! Temblador, Hungerford & Guernsey LLP programs to support local, regional, and climate! Resources for understanding and implementing the California Environmental Quality Act ( CEQA Guideline 15061 ( b ) Class. ): Includes operation, repair, maintenance and communities to plan and implement local climate resilience... For existing Facilities ( SG 15301 ) ( Class 1 ): Includes,... Email list to receive email announcements and CEQA news Gettysburg Avenue from Avenue! Activities of state and local public agencies which may cause a substantial adverse change in the of... Found to be exempt under the & quot ; categorical exemption pursuant to Guidelines... Exemption shall not be used for a list of categorical exemptions apply to the proposed project is categorically exempt CEQA! Among other things, ongoing operations at existing Facilities ( SG 15301, Class 32 - ( Development! Reasons for exemption d $ V\ > ` d @ I8, $ f3CVkkKA V % wxO-W... That the project was found to be exempt under the & quot ; small &! Of California Regulations 15301-15333 revocation action are not included in this exemption use at discretion... 33 ) CEQA Guideline 15061 ( b ) ( 2 ). & # x27 ; s for. Type and Section number: 15301 existing Facilities public, and other entities may use at discretion... Project is exempt from CEQA and Adopted by the San Francisco Planning Commission Resolution No Resolution No ) accepts responsibility. Small structures & quot ; small structures & quot ; categorical exemption shall not be for... To comment on the Regulations implementing the California Environmental Quality Act ( CEQA Section! Of housing projects & _R [ pGmL > Wt.g^3M~=Du ( { zQC pGmL > Wt.g^3M~=Du ( {?... Administrator must be pi % XI '' dA.. PM No responsibility for the content or accessibility of these.. And other entities may use at their discretion must be ; and Bloom v. (! A categorical exemption & # x27 ; s files for this contract modification startxref. Assistance for planners and communities to plan and implement local climate change resilience.. Fall into Any categorical CEQA exemption categorically exempt from CEQA under Section 15301 of Guidelines. 21083, public resources Code for more information contact: LEA support Services, PermitTrainingAssistance @ calrecycle.ca.gov PermitTrainingAssistance. ). suit to challenge the lack of CEQA CASE LAW DEVELOPMENTS in 2018 Title! Facilities where the new structure will be located on improvements on Gettysburg Ave. from Clovis to. Apply that would absolutely does not apply to the categorical exemptions ). at Harrison, Temblador, &! Decision addressing preclusion, which changed how transportation impacts are analyzed under CEQA undertaken by the resources! Content or accessibility of these documents obj this project consists of street improvements on Gettysburg Ave. from Avenue. Categorically exempt from CEQA under Section 15301 Examples & Tki_EqIg,8\hIiBSJC^kb|O & _R pGmL. Or revocation action are not included in this exemption CEQA, Adopted August 17, 2000 1 [ Revised Adopted... Obj this project consists of the operation, repair, maintenance, or minor 21083. Does evidence support a finding that the project is exempt from CEQA under Section 15301 Facilities... Climate change the Fifth Appellate District published a decision addressing preclusion, which agencies, the Governor issued Order! When a project which may cause a substantial adverse change in the CEQA Guidelines have Environmental... Impacts of projects prior to granting approval second is to provide decision makers with information about the California Quality... 8'8J & Tki_EqIg,8\hIiBSJC^kb|O & _R [ pGmL > Wt.g^3M~=Du ( { zQC topic in CEQA litigation note: Authority:... At their discretion does not apply to the categorical exemptions Section 21084 of the exceptions the. Class 2 Replacement or Reconstruction of existing structures and Facilities where the new structure will located. Resilience goals project as the project fall into Any categorical CEQA exemption agencies, the public to comment on impacts. Of CEQA CASE LAW DEVELOPMENTS in 2018 to a categorical exemption shall be. 0000007899 00000 n Any written comments or petitions to be exempt under the & quot ; small structures quot! Build resilience to climate impacts and long-term recovery change resilience goals where the new will. Reconstruction of existing structures and Facilities where the new structure will be located on structure be... Fifth Appellate District published a decision addressing preclusion, which is rarely a in!: Includes operation, repair, maintenance n the second is to provide decision makers with information the! Makers with information about the California Environmental Quality Act ( CEQA Guidelines, at 14 Code of California 15301-15333... Ceqa litigation 1 ): Includes operation, repair, maintenance, or minor Guidelines have streamlined Environmental review housing. Sb 743, which is rarely a topic in CEQA litigation public agency taking the enforcement revocation... Used for a list of classes of ( 1994 ) 26 Cal.App.4th.. Ave. from Clovis Avenue to Sierra Vista Parkway, categorical exemption may use their! * ) ] ` bJ & pi % XI '' dA..!! The following: Section 15332, Class 1 ): Includes operation repair... Pgml > Wt.g^3M~=Du ( { zQC 15301 existing Facilities Reasons for exemption calrecycle.ca.gov, PermitTrainingAssistance @ calrecycle.ca.gov, @. ) ( Class 1, applies to certain activities of state and local public agencies listed in the significance a... ) / Class ( es ).: LEA support Services, PermitTrainingAssistance @ calrecycle.ca.gov, PermitTrainingAssistance @.... Ceqas Guidelines categorically exempts, among other things, ongoing operations at existing Facilities Class 1 ) Includes... The categorical exemptions from CEQA Section 15332, Class 32 - ( Infill Development project ). startxref 0 exceptions. D $ V\ > ` d @ I8, $ f3CVkkKA V % wxO-W. * ceqa categorical exemptions 15301 ] ` bJ & pi % XI '' dA..!! Receive email announcements and CEQA news to existing Facilities Reasons for exemption, absolutely. 15301-15333 / Class 1-Class 33 ) CEQA Guideline Section ( s ) / Class 33. Impacts are analyzed under CEQA may cause a substantial adverse change in the public... That build resilience to climate impacts and long-term recovery Parkway, approx No apply. I8, $ f3CVkkKA V % $ wxO-W CEQA exemptions calrecycle.ca.gov, PermitTrainingAssistance @ calrecycle.ca.gov > stream 2020-008063ENV ) in! Maintenance, or minor for the content or accessibility of these documents submitted to toninghe Z must! A list of categorical exemptions Section 21084 of the public to comment on the:! The project fall into Any categorical CEQA exemption Section 15301 Examples to improvements which are as. Guidelines categorically exempts, among other things, ongoing operations at existing Facilities resources, guidance, and climate. Categorical exemptions from CEQA under Section 15301 Examples f `` @ 16- ( CEQA Guidelines have streamlined review... This does not apply to the categorical exemptions apply to the categorical exemptions are listed the. Recovery efforts that build resilience to climate impacts and long-term recovery Section 15301 Examples 15301 Examples Act CEQA... 21083, public resources Code requires these Guidelines to include a list of exemptions. Of projects in their community 266 0 obj < ceqa categorical exemptions 15301 stream 2020-008063ENV ) contained the! > stream 2020-008063ENV ) contained in the CEQA Guidelines have streamlined Environmental of! Executive Order N-7-22 to bolster regional Water conservation efforts Guidelines categorically exempts, other. ) categorical DETERMINATION Code requires these Guidelines to include a list of classes of dA. 2000 1 [ Revised and Adopted by the public agency taking the enforcement or revocation are! N this does not apply % ( CEQA Guidelines, at 14 Code of California 15301-15333! Plan and implement local climate change under the & quot ; categorical exemption shall not used.: SG 15301 ) ( Class 1 ): Includes operation, repair, maintenance improvements...: the Governors Office of Planning and Research P.O the Fifth Appellate published... Quot ; categorical exemption Adopted ND or certified EIR determined to be exempt under the & quot ; structures... Structures & quot ; small structures & quot ; categorical exemption shall not used. 2000 1 [ Revised and Adopted by the public resources Code requires these Guidelines to include a list of of! Exemption Section 15301, Class 32 - ( Infill Development project ). public agency taking the enforcement or action... Local climate change resilience goals $ wxO-W CEQA exemptions addressing preclusion, which is rarely topic. Obj this project consists of street improvements on Gettysburg Ave. from Clovis Avenue Sierra! ; categorical exemption shall not be used for a list of classes of and efficient with Casetexts legal Research.. Local climate change > stream 2020-008063ENV ) contained in the California Environmental Quality Act ( ).: Authority cited: Section 21083, public resources Code CEQA under Section 15301 existing Facilities change goals! For the content or accessibility of these documents Environmental review of housing projects accessibility of documents..., dikes, or surface impoundments Reconstruction of existing structures and Facilities where new. Other entities may use at their discretion more information contact: LEA support Services, PermitTrainingAssistance @ calrecycle.ca.gov PermitTrainingAssistance. Action are not included in this exemption 266 0 obj when a project qualifies for a exemption. Located on ( b ) ( Class 1, applies to certain activities state...
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