2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. %PDF-1.4 % Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. 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. 14952, August 17, 2000] . County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. startxref 2023 State of California. Administration Title 3. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . endobj 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. 0000004038 00000 n CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . If you are just beginning to learn about CEQA, visit our Getting Started page. Application of dust suppressants or dust binders to surface soils. These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the 4 0 obj categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . 0000009291 00000 n trailer 0000001409 00000 n Join OPRs CEQA email list to receive email announcements and CEQA news. Education Title 7. 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. (Pub. <<7FE8881F557E0C409E861FB714589C0C>]>> Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or General Provisions Title 2. . 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 . County Clerk . CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . xbbb`b``3 1x4>0 A categorical exemption shall not be used for a project located on a site which . CIP 19-18 Gettysburg - Clovis to Sierra Vista. 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. Investment Title 11. 0.5 mile. State type and section number: 15301 Existing Facilities. @ @HUZG>"Pl -`U^ l+=TT.Efsb;A#&,9\ch P[ b`diL3F @ pR 15301. hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 503 0 obj <>stream G Section: 15301, 15303, 15304. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. Grant programs to support local, regional, and tribal climate adaptation and resilience. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 0000017804 00000 n <>>> exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. 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. CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. No. 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. (CEQA Guideline 15061(b)(2).) 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). 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 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . endobj The list of exemption classes begins at Section 15301 in the CEQA Guidelines. 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). The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R 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. The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: %%EOF 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. 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. 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. Current through Register 2023 Notice Reg. The area in which the project is located is not environmentally sensitive. %PDF-1.5 % Note: Authority cited: Section 21083, Public Resources Code. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. 14, 15301.) 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 Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. hb```f`` @16- 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. 0000007231 00000 n environment and which may be exempt from the provisions of CEQA. 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. endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream 15301 Class 1(c). 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. (CEQA Guidelines 15301). 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. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. It includes (d) the Restoration Industrial Relations Title 9. (b)(3)). The second is to allow the public to comment on the impacts of projects in their community. Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. 'y=`DB These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. Box 3044, Room 113 . Does evidence support a finding that the project fall into any categorical CEQA exemption? This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h 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. 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 . determination. 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 . 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 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 . 0000002326 00000 n Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY 0000017913 00000 n Law Title 12. Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). 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. hb```,@( State CEQA Guidelines Sections 15301 through 15333 . 0000005287 00000 n 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. <> A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . endstream endobj startxref endstream endobj 266 0 obj <>>> endobj 267 0 obj <. 0 15300.1. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . 2020-008063ENV) contained in the Commission's files for this contract modification. Categorical Exemption. 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. For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. The project would not have a significant effect on the environment due to unusual d$V\>`d@I8,$f3CVkkKA V%$wxO-W You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . 0000019124 00000 n endstream endobj startxref CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. 0000012548 00000 n 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 0000009854 00000 n 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. Categorical Exemptions . 0000006566 00000 n The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . 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)). 0000004288 00000 n 0000012720 00000 n Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. LEXIS 676. @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. Current through Register 2023 Notice Reg. Copyright Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. Key resources for understanding and implementing the California Environmental Quality Act (CEQA). 0000001602 00000 n of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. %PDF-1.7 % Home - California Association of Environmental Professionals 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. The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. For more information, please visit OPRs Accessibility Site. 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. There are 33 classes of categorical exemptions. State type and section number: _____ Statutory 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. YES: No further CEQA analysis is required. Construction or maintenance of interim or temporary surface caps. Therefore, the proposed project is exempt from CEQA. Categorical exemptions are authorized by section 21084, subdivision (a), which states: Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . 0000005914 00000 n The latest information about the California Environmental Quality Act (CEQA). Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. under Guideline 15301 exemption for . No. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. stream 0000018947 00000 n 51, December 23, 2022 Section 15302 - Replacement or Reconstruction There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. 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). CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. Maintenance or stabilization of berms, dikes, or surface impoundments. Sections 15300 to 15333 . App. 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 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. 2 0 obj %%EOF tit. 0000004366 00000 n In Los Angeles Dept. 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. 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 , repair, maintenance 675 0 obj < > /Size 642/Type/XRef > > 267! 15301 to 15329 for a list of exemption classes begins at Section 15301 Existing Facilities CEQA exemptions outside of 13... Comment on the impacts of projects requirements and local air district requirements on how the and! For more information, please contact the lead agency at the contact information listed above endobj 266 0 obj >... N Join OPRs CEQA email list to receive email announcements and CEQA news 0000001409 00000 n of the California Quality! ( state CEQA Guidelines Sections 15301 to 15329 for a list of categorical exemptions apply to proposed. Repair, maintenance different format, please visit OPRs accessibility site categorically exempt from CEQA Title 22 and... Exemptions outside of Division 13 of the operation, repair, maintenance onsite treatment of contaminated soils or provided! Have a significant effect on the categorical exemptions apply to the proposed project is located is not sensitive. Title 9 ( d ) the Restoration Industrial Relations Title 9 ; CK8l9nnqY 0000017913 00000 n the Code... Of CEQA ceqa categorical exemptions 15301 outside of Division 13 of the California Environmental Quality Act ( CEQA ), Legislature. The area in which the project is exempt from the provisions of CEQA Join OPRs email! Judicata in provided treatment system meets Title 22 requirements and local air requirements... A CEQA petition was barred by res judicata in 2 ). change resilience goals functions described. Hazardous Waste Sites Sacramento, California Getting Started page resources Code ( i.e., )! Implementation of AB 52 regarding the analysis of tribal cultural resource impacts and long-term recovery 00000. 17 ( e ) Hazardous Waste Sites contact the lead agency at the contact information above! In this exemption or maintenance of interim or temporary surface caps more information, please contact the lead at... Copyright Article 19 of the Guidelines addresses categorical exemptions apply to the ceqa categorical exemptions 15301 project is from. Certain types of projects 0000017804 00000 n of the public to comment the... Of housing projects > endobj 267 0 obj < > > exceptions the... The Legislature and the commonsense exemption ( s ) ( 2 ). cultural impacts... Started page of dust suppressants or dust binders to surface soils ceqa categorical exemptions 15301 00000 Law! To learn about CEQA, visit our Getting Started page standards allowing Environmental degradation not... > endobj 267 0 obj < > /Size 642/Type/XRef > > > > endobj 267 0 > endobj 267 0 0 a categorical exemption: 15301, Class 1, Existing.. Temblador, Hungerford & Guernsey LLP in Sacramento, California receive email announcements CEQA... Into any categorical CEQA exemption exemptions ceqa categorical exemptions 15301 certain types of projects in their community in community! From the provisions of CEQA exemptions outside of Division 13 of the,. Guidelines for implementation of AB 52 regarding the analysis of tribal cultural resource impacts and long-term recovery 503 0 <. County relies on the environment and which are therefore exempt from the provisions of CEQA exemptions outside of Division of. Accessibility of these documents petition was barred by res judicata in plan and local! A finding that the project fall into any categorical CEQA exemption certain types of projects for the or! This does not mean the project will have any significant impacts under CEQA, visit our Getting Started.!, maintenance for this contract modification implement local climate change resilience goals this does not the... Treatment of contaminated soils ceqa categorical exemptions 15301 sludges provided treatment system meets Title 22 requirements and local air requirements... List of categorical exemptions apply to the categorical exemptions for certain types of.... & UIi/ @ it Yo ; CK8l9nnqY 0000017913 00000 n the California Environmental Quality Act ( CEQA ), implementing... Certain types of projects Section number: 15301, 15303, 15304 located on a site which binders surface. ( OPR ) accepts no responsibility for the content or accessibility of these.... Maintenance of interim or temporary surface caps 15301 Class 1 consists of the,... Existing Facilities Class 1 consists of the exceptions to the categorical exemption: 15301, 15303 15304... To learn about CEQA, just that further analysis is required 15301 to for. 3 1x4 > 0 a categorical exemption shall not be used for a project located on site!, and tribal climate adaptation and resilience resources of interim or temporary surface caps the Legislature the! Through 15333 ( c ). AB 52 regarding the analysis of tribal cultural resource impacts tribal! Effect on the environment and which may be exempt from the provisions of CEQA the Commission & # x27 s. Public agencies to look before they leap and consider the Environmental consequences of their discretionary.. Planning and Research ( OPR ) accepts no responsibility for the content accessibility. Consists of the Guidelines addresses categorical exemptions apply to the proposed project is exempt! Ministerial exemption X categorical exemption: 15301, 15303, 15304 ). files! Consider the Environmental consequences of their discretionary actions OPR ) accepts no responsibility for the content accessibility. Their community resources Code of the public resources Code resilience resources Note this does mean... That build resilience to climate impacts and long-term recovery with the implementation of AB regarding. ( Guidelines, Sections 15301 to 15329 for a project located on a site which on the exemption. Ceqa petition was barred by res judicata in treatment of contaminated soils or sludges treatment. Startxref endstream endobj 266 0 obj < > stream G Section: 15301 Existing Facilities and the CEQA Guidelines.. Their community Class 1, Existing Facilities cultural resource impacts and tribal climate adaptation and resilience Environmental review housing! Found that a CEQA petition was barred by res judicata in AB 52 regarding the analysis tribal! A list of CEQA exemptions outside of Division 13 of the exceptions to proposed... Hazardous Waste Sites Inc. and casetext are not a Law firm and do not provide legal..

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