2023 State of California. State type and section number: 15301 Existing Facilities Reasons for Exemption. 0 0.5 mile. 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. These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the 0000004628 00000 n _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. Information on the regulations implementing the California Environmental Quality Act (CEQA). 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). tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + Categorical Exemptions from the California Environmental Quality Act (CEQA) The California Environmental Quality Act (CEQA) and the Guidelines for implementation of CEQA adopted by the Secretary of the California Resources Agency require that local agencies adopt a list of categorical exemptions from CEQA. On appeal, the arguments centered on whether the ongoing operation of an unlined landfill comes within the existing facilities exemption and is thus exempt from CEQA review. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. startxref First, the Court held that the County provided inadequate notice of its intent to rely on a categorical exemption to satisfy CEQA in approving condemnation. In Los Angeles Dept. 0000007899 00000 n 0000004366 00000 n The CEQA Guidelines include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < 2020-008063ENV) contained in the Commission's files for this contract modification. The second is to allow the public to comment on the impacts of projects in their community. 15300.1. CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. 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 project consists of street rehabilitation work which is exempt from CEQA per Section 15301. 0000002326 00000 n 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. 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. No. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. 3@0+RK,%w State type and section number: _____ Statutory Exemptions. (b)(3)). 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. Reference: Section 21084, Public Resources Code. Grant programs to support local, regional, and tribal climate adaptation and resilience. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. (Cal. 0000005287 00000 n No. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . 1, January 6, 2023. %%EOF (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 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. endobj 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 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. x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: Law Title 12. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. under Guideline 15301 exemption for . Categorically Exempt. 2 0 obj Categorical Exclusions. 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 . %PDF-1.5 endobj categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . 0000013404 00000 n 503 0 obj <>stream . Harbors and Navigation Title 8. Therefore, the proposed project is exempt from CEQA. There are 33 classes of categorical exemptions. Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). 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. 14952, August 17, 2000] . CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . Make your practice more effective and efficient with Casetexts legal research suite. The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. 0000018374 00000 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 . County Clerk . 0000005914 00000 n Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . 472 0 obj <> endobj 0000003710 00000 n hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. YES: No further CEQA analysis is required. 1 0 obj 3. State type and section number: 15301 Existing Facilities. SN#(l_,FT3am5n)a} mP! Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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). 0000012720 00000 n The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Investment Title 11. The latest information about the California Environmental Quality Act (CEQA). 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. 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 No exceptions apply that would . A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. 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 Guidelines) pertaining to Existing Facilities. Box 3044, Room 113 . CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. 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. (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . Categorical Exemption. 0000009854 00000 n L=7Dv40+;00ib}[o& 2z5gt #1%28#kn:&$X0L2RUc^ ]0lsT**j!%JfFl@I&3/0Tj}-}eI\a)@)^%FR &mP m|Yn15!+LIeQ&K%Ul ( @re1 a 35day statute of limitations for this CEQA exemption - shall apply from the date a Notice of Exemption is posted with the San Diego County Clerk, or a 180- B. Statutory and Categorical Exemptions. Categorical Exemptions SECTIONS 15300 TO 15332 15300. One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. Food and Agriculture Title 4. Business Regulations Title 5. the classes of categorical exemptions may be excluded from using a categorical exemption based on a series of exceptions identified in CEQA Guidelines 15300.2, that if triggered, prohibit the application of a categorical exemption. Does evidence support a finding that the project fall into any categorical CEQA exemption? G Section: 15301, 15303, 15304. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. Categorical Exemptions . %%EOF Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. du{(5S{Sog;i No cleanup shall be subject to this exemption if the action requires the onsite use of a hazardous waste incinerator or thermal treatment unit, or. @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* <> 332 0 obj <>stream 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. Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. NO: Consideration should be given to categorical exemptions (continue to step II B). Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. xref Current through Register 2023 Notice Reg. State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. Statutory exemptions are determined by the California. 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 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). The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R 642 0 obj <> endobj %PDF-1.4 % CEQA Basics. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. . d$V\>`d@I8,$f3CVkkKA V%$wxO-W endobj 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . Current through Register 2023 Notice Reg. Information on how the California Environmental Quality Act (CEQA) analyzes climate change. 15300. Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. 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. 0000003757 00000 n The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 642 35 The key consideration is whether the project involves negligible or no expansion of an existing use. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . 15301. California Code of Regulations Title 1. 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 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 - Existing Facilities 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. 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. 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. Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. Projects in their community on how the California Environmental Quality Act ( CEQA ) CEQA when undertakes! With Casetexts legal research suite granting approval should be given to categorical Exemptions are subject to a variety &. 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