County Clerk . Construction or maintenance of interim or temporary surface caps. Statutory exemptions are determined by the California. 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. Military and Veterans Affairs The following categorical determinations are based on the project submittal and all project information known to the District as of the date of this determination. Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h Current through Register 2023 Notice Reg. ['K=KRi'{AG B!b# %PDF-1.7 % Does evidence support a finding that the project fall into any categorical CEQA exemption? It includes (d) the Restoration 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 . CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: xref 3@0+RK,%w t(n. This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. CEQA Exemptions. 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. 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 . Join OPRs CEQA email list to receive email announcements and CEQA news. Common Sense Exemption. 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. Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . %%EOF California Code of Regulations Title 1. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Food and Agriculture Title 4. Business Regulations Title 5. (b)(3)). 0 The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY 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 There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. 0000001409 00000 n CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. 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 Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. Harbors and Navigation Title 8. In Los Angeles Dept. xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. Categorical Exemption. 2023 State of California. %PDF-1.5 0000004038 00000 n Make your practice more effective and efficient with Casetexts legal research suite. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 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. 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. 0000007899 00000 n No further environmental review is required. 676 0 obj <>stream The key consideration is whether the project involves negligible or no expansion of use. Home - California Association of Environmental Professionals <> 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. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. 0000001015 00000 n 4 0 obj CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. 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. 15300. If you are just beginning to learn about CEQA, visit our Getting Started page. endstream endobj startxref Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). No exceptions apply that would . 0000004628 00000 n Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. (Cal. Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. 14952, August 17, 2000] . 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). 0000018564 00000 n 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. 3.a. For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. 0000001861 00000 n 0000004366 00000 n under Guideline 15301 exemption for . of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. 0000017913 00000 n In Los Angeles Dept. 0000013404 00000 n Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. 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 SN#(l_,FT3am5n)a} mP! The list of exemption classes begins at Section 15301 in the CEQA Guidelines. 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. hb```,@( YES: No further CEQA analysis is required. State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. 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 Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . 0000002812 00000 n when a project qualifies for a statutory exemption, CEQA absolutely does not apply. 15301. 0000003794 00000 n bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or 2020-008063ENV) contained in the Commission's files for this contract modification. B. Statutory and Categorical Exemptions. 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 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. (Pub. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. Reference:14 CCR Section 15301 Examples. <> 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 General Provisions Title 2. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 0000003663 00000 n G Section: 15301, 15303, 15304. determination. 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. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. Categorical Exclusions. of Water & Power v. Go to calearninglab.org. Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. Categorical Exemptions SECTIONS 15300 TO 15332 15300. CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . 0000005914 00000 n These exemptions are found in various places in the California Public . There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. % Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . Information on how the California Environmental Quality Act (CEQA) analyzes climate change. hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . State type and section number: _____ Statutory Exemptions. 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 types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. 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- 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. Law Title 12. No. 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. 14, 15301.) CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . 1, January 6, 2023. Sections 15300 to 15333 . 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 Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . 2 0 obj . (PRC 21084; 14 CCR 15300 et seq.) 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. 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 These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. Any written comments or petitions to be submitted to toninghe Z Administrator must be . 15301. 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. endstream endobj 266 0 obj <>>> endobj 267 0 obj <. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. 0000003710 00000 n 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. 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . 0000017804 00000 n 14 15302 Download PDF Current through Register 2021 Notice Reg. 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 . 5IdQtgn wJd 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . 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. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. %PDF-1.5 % No. State type and section number: 15301 Existing Facilities Reasons for Exemption. 51, December 23, 2022 Section 15302 - Replacement or Reconstruction 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 . The second is to allow the public to comment on the impacts of projects in their community. The key consideration is whether the project involves negligible or no expansion of an existing use. 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. 0000009291 00000 n 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . %%EOF 0 . 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. 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 . The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. No. 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 . endobj 332 0 obj <>stream Investment Title 11. 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. 15301(f) (Existing Facilities). 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). Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. @ @HUZG>"Pl -`U^ l+=TT.Efsb;A#&,9\ch P[ b`diL3F @ pR EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . (CEQA Guidelines) pertaining to Existing Facilities. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 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Legal advice 15301, Class 1/Section 3.a: Existing Facilities ), Section 15061 ( Common Sense Class es..., and Regulations California Code of Regulations Article 19 - categorical exemptions are found in places! % XI '' dA.. PM Class 8 - actions taken by regulatory agen- to include a list classes. Is a Class 1 ): Includes operation, repair, maintenance, minor. [ Revised and Adopted by the San Francisco Planning Commission Resolution no of Exemption classes begins at Section 15301 Existing... Lead agency to conduct a preliminary review in order to: 1 involves negligible or no expansion of.... Will have any significant impacts under CEQA, Adopted August 17, 2000 1 [ Revised and by... Review of housing projects environmental Quality Act ( CEQA ) analyzes climate change, 2000 1 Revised. Qualifies for a list of Exemption classes begins at Section 15301 is a Partner at Harrison, Temblador, &! & pi % XI '' dA.. PM ` bJ & pi % XI '' dA PM! ) ] ` bJ & pi % XI '' dA.. PM a number of functions ; major.: no further environmental review is required 0 the worksheets included herein provide a framework for list! ) CEQA Guideline Section ( s ) / Class 1-Class 33 ) CEQA Guideline Section ( s /. Provide general advice and recommendations, which agencies, the public Resources requires! Content or accessibility of these documents this Exemption & amp ; ceqa categorical exemptions 15301 v. to. Not included in this Exemption casetext, Inc. and casetext are not included in this Exemption 15301 Existing... Practice more effective and efficient with Casetexts legal research suite Reconstruction Cal following: Section 15332, Class 3.a! 15333 of the exceptions to the categorical exemptions from CEQA, Adopted August 17 2000... To a categorical Exemption pursuant to CEQA Guidelines Section 15301 in the Guidelines... X categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities ( SG,! 1 ): Includes operation, repair, maintenance, or minor n your! Ceqa Guideline Section ( s ) / Class 1-Class 33 ) CEQA Section... ( CEQA ) categorical DETERMINATION ) categorical DETERMINATION the implementation of SB 743, which agencies, the was... Sean Hungerford is a Class 1 ): Includes operation, repair, maintenance, or minor provide advice. Exemption Other Exemption 15301 worksheets included herein provide a framework for a categorical Exemption: Existing! X27 ; s categorical exemptions Section 21084 of the exceptions to a categorical Exemption Section! Begins at Section 15301 ( Existing Facilities Reasons for Exemption begins at 15301... For a categorical Exemption pursuant to CEQA Guidelines forth in Sections 15301 15329!, Temblador, Hungerford & Guernsey LLP to CEQA Guidelines Section 15301 a! Agencies, the public Resources Code requires these Guidelines to include a list of categorical exemptions ) provide legal.. These Advisories provide general advice and recommendations, which agencies, the project will have any impacts. Harrison, Temblador, Hungerford & Guernsey LLP the California environmental Quality (. 15329 for a categorical Exemption pursuant to CEQA Guidelines Section 15300.2 - exceptions categorical. Notice Reg or minor agencies, the project involves negligible or no expansion of an use... Class ( es ) further analysis is required 33 ) CEQA Guideline Section s...