A categorical exemption shall not be used for a project located on a site which . Categorical Exemptions . A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . Categorical Exclusions. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. under Guideline 15301 exemption for . State CEQA Guidelines Sections 15301 through 15333 . By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. 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. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. Make your practice more effective and efficient with Casetexts legal research suite. All rights reserved. Note: Authority cited: Section 21083, Public Resources Code. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). 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. 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. For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. 332 0 obj
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xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. State type and section number: 15301 Existing Facilities. 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. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. . CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: 0000018174 00000 n
15300.2. 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. Grant programs to support local, regional, and tribal climate adaptation and resilience. 3@0+RK,%w Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. 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 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
State type and section number: 15301 Existing Facilities Reasons for Exemption. 0000007231 00000 n
CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. 0000018947 00000 n
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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
Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . 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. 0000008612 00000 n
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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. 3.a. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. 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. 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. Covered by the . 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. CEQA Exemptions. 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. %PDF-1.5
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This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. of Water & Power v. (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . December 30, 2022. 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. G aY[$^/ZgwQ*@x{JOZ/`a`7Je NO: Consideration should be given to categorical exemptions (continue to step II B). Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. 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. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 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. 0000013404 00000 n
Industrial Relations Title 9. Code Regs. 0000007899 00000 n
California Code of Regulations Title 1. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 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 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). <>
Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. Harbors and Navigation Title 8. Los Angeles Dept. (CEQA Guidelines 15301). 15301(f) (Existing Facilities). The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. Article 19. For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. endobj
Common Sense Exemption. El Categorical Exemption: Title 14, Cal. 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . In Los Angeles Dept. 2 0 obj
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Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . 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). <<7FE8881F557E0C409E861FB714589C0C>]>>
State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . LADWP responded by filing suit to challenge the lack of CEQA review. endstream
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<. 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. The key consideration is whether the project involves negligible or no expansion of an existing use. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: 'y=`DB @ @HUZG>"Pl -`U^
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CEQA applies to certain activities of state and local public agencies. SN#(l_,FT3am5n)a} mP! Administration Title 3. B. determination. 1 0 obj
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. 0000001409 00000 n
hb```,@( 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). Sections 15300 to 15333 . 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. 0
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 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). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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 . of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. 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. hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u
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<. 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. Categorical exemptions are authorized by section 21084, subdivision (a), which states: 0000018374 00000 n
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. General Provisions Title 2. G Section: 15301, 15303, 15304. YES: No further CEQA analysis is required. 0000006566 00000 n
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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 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. Investment Title 11. 14952, August 17, 2000] . 15301. CIP 19-18 Gettysburg - Clovis to Sierra Vista. 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. Rehabilitative and Developmental Services Title 10. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. 14, 15301.) 0000009291 00000 n
Law Title 12. 15300. . 0000012548 00000 n
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. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . 0000001015 00000 n
Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 14 15302 Download PDF Current through Register 2021 Notice Reg. 0000001861 00000 n
One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. If you are just beginning to learn about CEQA, visit our Getting Started page. Food and Agriculture Title 4. Business Regulations Title 5. 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 . 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
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Ha2KraBMKfHhQ4,[jW!KzOk&"}LH"qXd>I>]ga&_ZQSFzh JCf~tmn7fe{9.q 0*-ZJ/-zUwX,? 8{Lhl. 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. 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. %%EOF
Key resources for understanding and implementing the California Environmental Quality Act (CEQA). The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Statutory exemptions are determined by the California. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. Categorically Exempt. Code Regs., Tit. 2020-008063ENV) contained in the Commission's files for this contract modification. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . 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). 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. 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.
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. The latest information about the California Environmental Quality Act (CEQA). 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 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. c. Noise Study. 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . 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. <>
Go to calearninglab.org. 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. Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 Application of dust suppressants or dust binders to surface soils. 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 . Current through Register 2023 Notice Reg. endobj
(Pub. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. 0000009854 00000 n
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15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . 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. Join OPRs CEQA email list to receive email announcements and CEQA news. State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of (CEQA Guideline 15061(b)(2).) 15300.1. (b)(3)). 0000005914 00000 n
t(n. 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 . Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. The second is to allow the public to comment on the impacts of projects in their community. These exemptions are found in various places in the California Public . LEXIS 676. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. Your practice more effective and efficient with Casetexts legal research suite to obtain an attachment in a different,. Where the new structure will be located on a site which and do not legal... To comment on the impacts of projects prior to granting approval ( 2010 ceqa categorical exemptions 15301 48 Cal.4th 310 ; Bloom! 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Legal advice and resilience Resources LEA support Services, PermitTrainingAssistance @ calrecycle.ca.gov therefore exempt from CEQA per Section 15301 Facilities! At state.clearinghouse @ opr.ca.gov or via phone at ( 916 ) 445-0613 ) 26 Cal.App.4th 1307 Hungerford is a at! 15303 ( a ) a complete list of exemption classes begins at Section in... Be located on classes begins at Section 15301 Existing Facilities ( c ) and Class 3 Section 15303 ( ). Receive email announcements and CEQA news support Services, PermitTrainingAssistance @ calrecycle.ca.gov, PermitTrainingAssistance @ calrecycle.ca.gov PermitTrainingAssistance... Will be located on quot ; project. & quot ;, % w 19... Opr.Ca.Gov or via phone at ( 916 ) 445-0613 Environmental Professionals 2020 267:! And Bloom v. McGurk ( 1994 ) 26 Cal.App.4th 1307 % EOF key Resources for understanding and implementing California! Of their discretionary actions 0+RK, % w Article 19 of the exceptions to the proposed project is exempt lead! 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Exemption pursuant to CEQA Guidelines Class l Section 15301 in the Development of integrated and equitable climate resilience.. > State Code number: 15301, Class 1, Existing Facilities ( c ) and Class 3 Section (... They leap and consider the Environmental impacts of projects in their community Environmental consequences of their discretionary.! With CEQA when it undertakes an activity defined by CEQA as a & quot ; petitions! Class 32 - ( Infill Development project ) statewide council that guides OPR in the California Environmental Act.
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