(CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. State CEQA Guidelines Sections 15301 through 15333 . 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . 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 . Code Regs., Tit. 503 0 obj <>stream Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 0000001409 00000 n 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. CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: 0000008612 00000 n 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 . 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. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. 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, Categorical Exclusions. 0000018174 00000 n 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. t(n. This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. Los Angeles Dept. 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. endobj of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. 1 0 obj 472 0 obj <> endobj 0000003193 00000 n %PDF-1.5 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). If you are just beginning to learn about CEQA, visit our Getting Started page. The appellate court first determined that the term facilities is ambiguous in the landfill setting. Note: Authority cited: Section 21083, Public Resources Code. 2023 State of California. 14952, August 17, 2000] . Rehabilitative and Developmental Services Title 10. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . 0000009291 00000 n 0000007899 00000 n 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. endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream Reference:14 CCR Section 15301 Examples. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. No further environmental review is required. 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. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. The use of Section 15301 is applicable and appropriate because the Zone Variance would not make any physical change to the environment because the existing structures (a . These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. 0000004628 00000 n Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. 23 . 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 _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. Categorical Exemptions . <>>> In Los Angeles Dept. Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h endstream endobj 266 0 obj <>>> endobj 267 0 obj <. 0000018564 00000 n Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. 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. G Section: 15301, 15303, 15304. d$V\>`d@I8,$f3CVkkKA V%$wxO-W CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. ['K=KRi'{AG B!b# 0000000016 00000 n The key consideration is whether the project involves negligible or no expansion of an existing use. 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. The decision tracked the reasoning of an earlier case, Azusa Land Reclamation Co. v. Main San Gabriel Basin Watermaster (1997) 52 Cal.App.4th 1165, which also found the exemption ambiguous as applied to a landfill. Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. App. 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). b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R . Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. CEQA Exemptions. 0000012720 00000 n (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. For more information, please visit OPRs Accessibility Site. CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . 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. (Cal. 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . 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 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. 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. 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. 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 an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. 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 0000005914 00000 n 0000001861 00000 n 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. <> Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 0000018752 00000 n tit. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. CIP 19-18 Gettysburg - Clovis to Sierra Vista. 0000017804 00000 n 0000006566 00000 n Categorical Exemptions . du{(5S{Sog;i Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . 0000017913 00000 n %%EOF Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. 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. Any written comments or petitions to be submitted to toninghe Z Administrator must be . c. Noise Study. 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 CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u 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 . 0 %PDF-1.7 % The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . L=7Dv40+;00ib}[o& 2z5gt #1%28#kn:&$X0L2RUc^ ]0lsT**j!%JfFl@I&3/0Tj}-}eI\a)@)^%FR &mP m|Yn15!+LIeQ&K%Ul ( @re1 0000018374 00000 n Categorical Exemptions SECTIONS 15300 TO 15332 15300. Information on how the California Environmental Quality Act (CEQA) analyzes climate change. hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. 0000007231 00000 n 14 15302 Download PDF Current through Register 2021 Notice Reg. Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15302 - Replacement or Reconstruction, Section 15303 - New Construction or Conversion of Small Structures. 0 2ti&Dx2}F$].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 Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . 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 . 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. Administration Title 3. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. 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. 15301. CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. 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). 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 . County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* 1, January 6, 2023. 15300.2. One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. 0000003710 00000 n The Director of CDFW has concurred with the lead agency determination by the California Natural Resources Agency that the Bombay Beach Wetland Enhancement Project (PDF) (opens in new tab) qualifies as a statutorily exempt restoration project under the California Environmental Quality Act (CEQA). 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. endobj NO: Consideration should be given to categorical exemptions (continue to step II B). ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. Application of dust suppressants or dust binders to surface soils. This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . Categorical Exemption. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. 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 . Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. Common Sense Exemption. 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. 332 0 obj <>stream 15301 Class 1(c). 676 0 obj <>stream (CEQA Guidelines) pertaining to Existing Facilities. The key consideration is whether the project involves negligible or no expansion of use. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). 0000001015 00000 n These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . 0000002326 00000 n tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + trailer These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the
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