14 15302 Download PDF Current through Register 2021 Notice Reg. Harbors and Navigation Title 8. General Provisions Title 2. 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. 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. El Categorical Exemption: Title 14, Cal. 676 0 obj <>stream %%EOF 0000018947 00000 n CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . 332 0 obj <>stream (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. Nn awt R(Rp]!KF1? CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. mental Quality Act (CEQA), the project qualifies for a Categorical Exemption under Sec-tion 15301, Class 1 (Existing Facilities) and Section 15331, Class 31 (Historical Resource . 1, January 6, 2023. 0000009291 00000 n 1, January 6, 2023. 0000001409 00000 n 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 LEXIS 676. 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. County Clerk . 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. 472 0 obj <> endobj Code Regs., Tit. hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < (CEQA Guideline 15061(b)(2).) 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. Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Categorical Exemption. Sections 15300 to 15333 . _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. 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. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . . 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. 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. 0000017804 00000 n of Water & Power v. County of Inyo 2021 Cal. The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. 0 For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. Any written comments or petitions to be submitted to toninghe Z Administrator must be . Education Title 7. CEQA applies to certain activities of state and local public agencies. 0000009854 00000 n (Pub. 0000000016 00000 n In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. 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 . 2023 State of California. under Guideline 15301 exemption for . Investment Title 11. State type and section number: 15301 Existing Facilities. 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. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. LADWP responded by filing suit to challenge the lack of CEQA review. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. 0000017913 00000 n CEQA Exemptions. @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . App. 15301 Class 1(c). G aY[$^/ZgwQ*@x{JOZ/`a`7Je The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. Maintenance or stabilization of berms, dikes, or surface impoundments. 0000005914 00000 n du{(5S{Sog;i 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 (PRC 21084; 14 CCR 15300 et seq.) 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)). B. Statutory and Categorical Exemptions. 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 The list of exemption classes begins at Section 15301 in the CEQA Guidelines. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. These exemptions are found in various places in the California Public . Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . December 30, 2022. %PDF-1.5 % 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 . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Join OPRs CEQA email list to receive email announcements and CEQA news. 0000002326 00000 n Food and Agriculture Title 4. Business Regulations Title 5. 0000005287 00000 n 0000012720 00000 n 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. Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. For more information, please visit OPRs Accessibility Site. Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. 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. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . There are 33 classes of categorical exemptions. In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. The key consideration is whether the project involves negligible or no expansion of use. 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. 0000018174 00000 n 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 . (CEQA Guidelines 15301). Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). % 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). xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . G Section: 15301, 15303, 15304. 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. 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. 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 . YES: No further CEQA analysis is required. hb```f`` @16- ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. 0000001861 00000 n Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. In Los Angeles Dept. Grant programs to support local, regional, and tribal climate adaptation and resilience. 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 . . c. Noise Study. 3.a. Rehabilitative and Developmental Services Title 10. 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. It includes (d) the Restoration %PDF-1.5 The project would not have a significant effect on the environment due to unusual No exceptions apply that would . %PDF-1.4 % endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . 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 CEQA Basics. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. In Los Angeles Dept. Categorical 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. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. 0000003757 00000 n <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . 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. If you are just beginning to learn about CEQA, visit our Getting Started page. Information on how the California Environmental Quality Act (CEQA) analyzes climate change. Home - California Association of Environmental Professionals Article 19. The key consideration is whether the project involves negligible or no expansion of an existing use. 0000007899 00000 n Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or Go to calearninglab.org. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . Information on the regulations implementing the California Environmental Quality Act (CEQA). %%EOF 14, 15301.) System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. 1 0 obj On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: 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 t(n. 0000004288 00000 n California Code of Regulations Title 1. 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. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. 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. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the 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. 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 Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. xbbb`b``3 1x4>0 A categorical exemption shall not be used for a project located on a site which . 0.5 mile. endobj 0000006566 00000 n Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. 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. %PDF-1.7 % Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. 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 The appellate court first determined that the term facilities is ambiguous in the landfill setting. 3. 0000003710 00000 n CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. 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 The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. trailer <> The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. endstream endobj startxref 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. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u 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 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. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. Therefore, the proposed project is exempt from CEQA. 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Visit our Getting Started page 15302 Download PDF Current through Register 2021 Notice Reg which are as... N CEQA Exemption Section 15301, Class 8 - Actions taken by regulatory.! The project qualifies for a project located on a Site which CEQA Exemption Section,... Learn about CEQA, just that further analysis is required projects ) may be exempt under the quot!