ceqa categorical exemptions 15301

. 15301(f) (Existing Facilities). tit. 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. The appellate court first determined that the term facilities is ambiguous in the landfill setting. hb```,@( These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the endstream endobj 266 0 obj <>>> endobj 267 0 obj <. California Code of Regulations Title 1. 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. %%EOF A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 0000003663 00000 n No. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 265 0 obj <> endobj endobj 15300. 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. Key resources for understanding and implementing the California Environmental Quality Act (CEQA). 0000012548 00000 n Covered by the . 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). Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. 2020-008063ENV) contained in the Commission's files for this contract modification. 642 0 obj <> endobj Categorical Exclusions. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). CEQA applies to certain activities of state and local public agencies. CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . Current through Register 2023 Notice Reg. B. Statutory and Categorical Exemptions. Construction or maintenance of interim or temporary surface caps. tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + 0 Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. startxref L=7Dv40+;00ib}[o& 2z5gt #1%28#kn:&$X0L2RUc^ ]0lsT**j!%JfFl@I&3/0Tj}-}eI\a)@)^%FR &mP m|Yn15!+LIeQ&K%Ul ( @re1 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . 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. Food and Agriculture Title 4. Business Regulations Title 5. b. Statutory Exemptions: Statutory exemptions are descriptions of the types of projects for which the California State Legislature has provided a blanket exemption from CEQA procedures and policies. 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 51, December 23, 2022 Section 15302 - Replacement or Reconstruction Article 19. 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. Current through Register 2023 Notice Reg. These exemptions are found in various places in the California Public . @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. 0000004366 00000 n The second is to allow the public to comment on the impacts of projects in their community. 2 0 obj 0000006566 00000 n 0000018752 00000 n 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. stream Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY endstream endobj startxref 0000017804 00000 n 4 0 obj Administration Title 3. xbbb`b``3 1x4>0 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. 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. b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. Copyright 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. 0000019124 00000 n By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. 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 . In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. 332 0 obj <>stream 0000018174 00000 n While the decision nominally applies to unlined landfills, the rationale used by the court could apply equally to other complex industrial operations, such as quarries, that have similar characteristics. Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. G Section: 15301, 15303, 15304. Maintenance or stabilization of berms, dikes, or surface impoundments. CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . 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. categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . Harbors and Navigation Title 8. (b)(3)). No. 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. 642 35 (CEQA Guideline 15061(b)(2).) The latest information about the California Environmental Quality Act (CEQA). 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 . determination. 0000008612 00000 n Information on how the California Environmental Quality Act (CEQA) analyzes climate change. Join OPRs CEQA email list to receive email announcements and CEQA news. 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, Common Sense Exemption. Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. The CEQA Guidelines include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. December 30, 2022. In Los Angeles Dept. There are 33 classes of categorical exemptions. State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of . 503 0 obj <>stream % A.The . ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. No. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. Any written comments or petitions to be submitted to toninghe Z Administrator must be . Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . 23 . B. Law Title 12. 0000004628 00000 n (CEQA Guidelines) pertaining to Existing Facilities. In Los Angeles Dept. ['K=KRi'{AG B!b# 1, January 6, 2023. 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. 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. 0000001861 00000 n 3 0 obj '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? 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. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. <> Categorical Exemptions SECTIONS 15300 TO 15332 15300. 0000007899 00000 n CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . 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. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: Note: Authority cited: Section 21083, Public Resources Code. The Court then 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). 3@0+RK,%w hb```f`` @16- This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the du{(5S{Sog;i Box 3044, Room 113 . 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. Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . NO: Consideration should be given to categorical exemptions (continue to step II B). 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). 0000003794 00000 n . _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. No exceptions apply that would . under Guideline 15301 exemption for . 0000009854 00000 n 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. 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 . 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov, 50% of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or, The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and. endstream endobj startxref 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. %PDF-1.7 % Actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. endstream endobj 473 0 obj <. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. The area in which the project is located is not environmentally sensitive. CIP 19-18 Gettysburg - Clovis to Sierra Vista. 0000005287 00000 n Reference: Section 21084, Public Resources Code. Does evidence support a finding that the project fall into any categorical CEQA exemption? CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. LEXIS 676. CEQA Basics. %PDF-1.5 % Application of dust suppressants or dust binders to surface soils. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. 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. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. 15301. Categorical Exemption. Guidelines Sections 15301 through 15333 constitute the list of categorically exempt projects and contain specific criteria that must be met in order for a project to be found categorically exempt. The 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. Categorical Exemption. No further environmental review is required. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 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 $1 million or less. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 0 County Clerk . hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u 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. c. Noise Study. Information on the regulations implementing the California Environmental Quality Act (CEQA). 0000007231 00000 n 15301. CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . Rehabilitative and Developmental Services Title 10. 0000005914 00000 n California Environmental Quality Act (CEQA) under the Class 1 categorical exemption (CEQA Guidelines Section 15301) and under the Class 3 categorical exemption (CEQA Guidelines Section 15303), as described in the CEQA Exemption Determination (Case No. G aY[$^/ZgwQ*@x{JOZ/`a`7Je 2ti&Dx2}F$].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 <<7FE8881F557E0C409E861FB714589C0C>]>> PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 0000001602 00000 n This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. 472 0 obj <> endobj 0.5 mile. (PRC 21084; 14 CCR 15300 et seq.) 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. environment and which may be exempt from the provisions of CEQA. General Provisions Title 2. 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 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. 1, January 6, 2023. 0000001015 00000 n While landfill operations include structures, gates, tipping floors, scales, gas recovery systems and administrative buildings that can be described as facilities, they also feature excavations, trenches and fills better that are described as alterations to land and subject to a different categorical exemption. 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. x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: 0000003710 00000 n I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. Section 15301 of CEQA's Guidelines categorically exempts, among other things, ongoing operations at "existing facilities." A new decision from the Fifth Appellate District will make it more difficult to apply the "existing facilities" exemption to complex land uses, and particularly to industrial operations. The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. The operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agencys determination. Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . 2023 State of California. The key consideration is whether the project involves negligible or no expansion of an existing use. It includes (d) the Restoration 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 . For more information, please visit OPRs Accessibility Site. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. 0000009291 00000 n 0000002326 00000 n 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. 15300.2. Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . Nn awt R(Rp]!KF1? 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 bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). t(n. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . YES: No further CEQA analysis is required. 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. 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.

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