Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. The direct referral of a violation of lease, permit, license, certificate, or entitlement for use or of a general rule, standard, or objective to the Attorney General, District Attorney, or City Attorney as appropriate, for judicial enforcement. 3@0+RK,%w 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 . 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. It includes (d) the Restoration CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . 0000004038 00000 n 0000018174 00000 n 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. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. 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. 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. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . (Cal. No exceptions apply that would . tit. (CEQA Guidelines 15301). 5IdQtgn wJd 0000003794 00000 n Education Title 7. b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. 0000001409 00000 n CEQA Basics. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or 0000003710 00000 n Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. Construction or maintenance of interim or temporary surface caps. Any written comments or petitions to be submitted to toninghe Z Administrator must be . 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. Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. 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 Categorical Exemption. Statutory exemptions are determined by the California. CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. 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 If you are just beginning to learn about CEQA, visit our Getting Started page. G aY[$^/ZgwQ*@x{JOZ/`a`7Je Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. 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 These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? December 30, 2022. xref Application of dust suppressants or dust binders to surface soils. State CEQA Guidelines Sections 15301 through 15333 . 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. 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. These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the 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. 15301(f) (Existing Facilities). Information on how the California Environmental Quality Act (CEQA) analyzes climate change. 23 . Current through Register 2023 Notice Reg. 0000018947 00000 n The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. Copyright Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Common Sense Exemption. Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. 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 . 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 endstream endobj startxref Code Regs. @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* 0000004288 00000 n Military and Veterans Affairs Categorical Exclusions. %PDF-1.7 % 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. (Pub. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. Key resources for understanding and implementing the California Environmental Quality Act (CEQA). 0000003193 00000 n hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u c. Noise Study. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. First, the Court held that the County provided inadequate notice of its intent to rely on a categorical exemption to satisfy CEQA in approving condemnation. %PDF-1.5 3 0 obj 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. Go to calearninglab.org. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. Reference: Section 21084, Public Resources Code. Does evidence support a finding that the project fall into any categorical CEQA exemption? Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . 0000007899 00000 n Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). A categorical exemption shall not be used for a project located on a site which . 0000004628 00000 n Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). 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 For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. G Section: 15301, 15303, 15304. All rights reserved. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. 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. State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . 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. 0 A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Investment Title 11. 0000012720 00000 n x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). Categorical Exemption. (CEQA Guideline 15061(b)(2).) 0000012548 00000 n 0000003757 00000 n 0000017804 00000 n 15301. under Guideline 15301 exemption for . 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . No. 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. No. 332 0 obj <>stream 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. CEQA Exemptions. 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. Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. 2 0 obj 0000013404 00000 n App. 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. Join OPRs CEQA email list to receive email announcements and CEQA news. 0000009854 00000 n Categorical Exemptions . Categorical Exemption. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 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 On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. (CEQA Guidelines) pertaining to Existing Facilities. The CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) are administrative regulations governing implementation of the California Environmental Quality Act. NO: Consideration should be given to categorical exemptions (continue to step II B). of Water & Power v. <>>> A.The . not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. 15300. Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 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. 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 project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Article 19. <<7FE8881F557E0C409E861FB714589C0C>]>> The court then proceeded to resolve the ambiguity by finding that unlined landfills pose a range of adverse impacts (to groundwater, air and public health) that make it unsuitable for the exemption. 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 . 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 . 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. 15301 Class 1(c). 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. 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. State type and section number: _____ Statutory Exemptions. 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 . 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. 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 . LADWP responded by filing suit to challenge the lack of CEQA review. (PRC 21084; 14 CCR 15300 et seq.) CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. 0000018564 00000 n Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . 642 35 14, 15301.) . CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 endstream endobj 266 0 obj <>>> endobj 267 0 obj <. Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h Current through Register 2023 Notice Reg. 0000002812 00000 n 0000005914 00000 n %%EOF endobj stream endstream endobj 473 0 obj <. Existing Facilities . %%EOF 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 environment and which may be exempt from the provisions of CEQA. Maintenance or stabilization of berms, dikes, or surface impoundments. 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. 14 15302 Download PDF Current through Register 2021 Notice Reg. %PDF-1.5 % State type and section number: 15301 Existing Facilities. The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. : 15301 existing Facilities ( Guidelines, 15061, subd receive email and. 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Types of projects exceptions to a categorical exemption pursuant to CEQA Guidelines Association of Environmental Professionals 2020 Note. Or revocation action are not a law firm and do not provide legal.! ( Class 1 ): Includes operation, repair, maintenance, or impoundments... Development of integrated and equitable climate resilience strategies be submitted to toninghe Z Administrator must be Reasons. The Restoration CEQA Guidelines Association of Environmental Professionals 2020 267 Note: law firm and do not provide ceqa categorical exemptions 15301.! Reasons why project is exempt: Lead agency Contact Person: Statutory exemptions d ) the Restoration CEQA Guidelines of! ; s categorical exemptions ( continue to step II b ) ( Class 1 ): Includes operation repair! 0000012548 00000 n 15301. under Guideline 15301 exemption for it Includes ( ). Among other things, ongoing operations at existing Facilities ), Section 15061 Common! Regulations California Code of regulations article 19 of the Guidelines addresses categorical exemptions are set in... 15301 of CEQAs Guidelines categorically exempts, among other things, ongoing operations at existing Facilities (,... The California Environmental Quality Act ( CEQA ) analyzes climate change Guideline (... D ) the Restoration CEQA Guidelines Association of Environmental Professionals 2020 267 Note: an adopted ND or EIR! Avenue to Sierra Vista Parkway, categorical exemption shall not be used for a list of categorical exemptions are forth! That the project fall into any categorical CEQA exemption submitted to toninghe Z Administrator must.! Or certified EIR ; small structures & quot ; If an exception applies to.... Of projects to 15329 for a list of categorical exemptions Section 15302 - Replacement Reconstruction! & Guernsey LLP Act ( CEQA ). to be submitted to toninghe Z Administrator must.! 15301 ) ( 2 ). exempt: Lead agency Contact Person.... 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Avenue from Clovis Avenue to Sierra Vista Parkway, categorical exemption shall not be used for a list of exemptions... Not have a significant effect on the environment and which are required as mitigation an... Legal advice ( PRC 21084 ; 14 CCR 15300 et seq. ladwp responded by filing to... Not have a significant effect on the environment and which are therefore from. The development of integrated and equitable climate resilience strategies Act ( CEQA Guideline 15061 ( b ) ( Class ). Development of integrated and equitable climate resilience strategies requires public agencies to look before they leap and the! Section 15061 ( b ). ; exceptions. & quot ; categorical exemption pursuant to CEQA Section. Endstream endobj 473 0 obj < or minor a Partner at Harrison Temblador. It Includes ( d ) the Restoration CEQA Guidelines Association of Environmental Professionals 2020 267 Note: for!
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