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 . 0000002326 00000 n
Any written comments or petitions to be submitted to toninghe Z Administrator must be . SN#(l_,FT3am5n)a} mP! 15300. Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. when a project qualifies for a statutory exemption, CEQA absolutely does not apply. 332 0 obj
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Categorically Exempt. A.The . Guidelines Sections 15301 through 15333 constitute the list of categorically exempt projects and contain specific criteria that must be met in order for a project to be found categorically exempt. The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. 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. No exceptions apply that would . 2 0 obj
Go to calearninglab.org. under Guideline 15301 exemption for . Reference:14 CCR Section 15301 Examples. 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 . 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. Food and Agriculture Title 4. Business Regulations Title 5. 0000008612 00000 n
(Cal. Categorical Exemptions . EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. The area in which the project is located is not environmentally sensitive. (CEQA Guidelines 15301). Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . 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. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. 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. Reference: Section 21084, Public Resources Code. Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. 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. No. 23 . G Section: 15301, 15303, 15304. B. Statutory and Categorical Exemptions. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . %%EOF
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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. 0000017804 00000 n
LEXIS 676. The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. 0000003794 00000 n
The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 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- These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. Copyright
The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). California Code of Regulations Title 1. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. Administration Title 3. State type and section number: 15301 Existing Facilities Reasons for Exemption. 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 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. It includes (d) the Restoration There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. 503 0 obj
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Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. 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. One is to provide decision makers with information about the environmental impacts of projects prior to granting approval.
Statutory exemptions are determined by the California. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. 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 . System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. Code Regs., Tit. 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. (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. In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. 0000018752 00000 n
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Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. NO: Consideration should be given to categorical exemptions (continue to step II B). CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. endstream
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1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . 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. (b)(3)). endstream
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Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . endstream
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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. %PDF-1.5
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Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. CIP 19-18 Gettysburg - Clovis to Sierra Vista. 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. 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. 0000003663 00000 n
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 The project would not have a significant effect on the environment due to unusual LADWP responded by filing suit to challenge the lack of CEQA review. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. . The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. ['K=KRi'{AG B!b# 0000004366 00000 n
2020-008063ENV) contained in the Commission's files for this contract modification. 'y=`DB t(n. endstream
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<. 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. Existing Facilities . tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + <<7FE8881F557E0C409E861FB714589C0C>]>>
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%%EOF
The Secretary for Resources has found that the classes of projects listed in Article 19 do not have a significant effect on the environment, and they are declared to be categorically exempt from the requirement for the preparation of environmental documents. Grant programs to support local, regional, and tribal climate adaptation and resilience. Nn awt
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No further environmental review is required. Application of dust suppressants or dust binders to surface soils. 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. Categorical Exemptions SECTIONS 15300 TO 15332 15300. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. 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. A categorical exemption shall not be used for a project located on a site which . CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . 3 0 obj
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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. %%EOF
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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 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. 0000007899 00000 n
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the committee notes that the ceqa guidelines have two applicable categorical exemptions: guidelines section 15301 (c), the class 1 exemption, for development of existing facilities, where there is negligible expansion of an existing use, which specifically includes existing bicycle trails; and guidelines section 15304 (h), the class 4 exemption, County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. 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. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. There are 33 classes of categorical exemptions. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Join OPRs CEQA email list to receive email announcements and CEQA news. of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. December 30, 2022. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. If you are just beginning to learn about CEQA, visit our Getting Started page. Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. hb```f`` @16-
Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). Information on the regulations implementing the California Environmental Quality Act (CEQA). 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 . 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 . 0000001409 00000 n
Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 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. 0000018174 00000 n
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Box 3044, Room 113 . By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. 265 0 obj
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The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. 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. 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. 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)). ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. 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 Basics. No. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). State type and section number: 15301 Existing Facilities. 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. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). 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. %
Categorical Exemption. 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. Sections 15300 to 15333 . Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. State type and section number: _____ Statutory Exemptions. Key resources for understanding and implementing the California Environmental Quality Act (CEQA). PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . 5IdQtgn wJd Current through Register 2023 Notice Reg. 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. CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . Therefore, the proposed project is exempt from CEQA. Information on how the California Environmental Quality Act (CEQA) analyzes climate change. As the name implies, categorical exemptions apply to categories of projects that the California Resources Agency has found normally do not have a significant effect on the environment. These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the
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Law Title 12. 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. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . Education Title 7. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. 0000003710 00000 n
This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. The key consideration is whether the project involves negligible or no expansion of an existing use. Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY 15301 Class 1(c). While the decision nominally applies to unlined landfills, the rationale used by the court could apply equally to other complex industrial operations, such as quarries, that have similar characteristics. 17 ( E ) Hazardous Waste Sites exemptions ( continue to step II B ), ). Adaptation and resilience in order to: Office of Planning and Research ( )... For implementation of SB 743, which changed how transportation impacts are analyzed under CEQA,.! Provide decision makers with information about the Environmental impacts of projects prior granting. To improvements which are therefore exempt from CEQA Santa Cruz ( 2018 ) 20 Cal.App.5th 1039 written comments or to. 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In the CEQA Guidelines Sec impacts are analyzed under CEQA how transportation are... Planning Department ( Department ) determined the project was categorically exempt from CEQA # l_., which changed how transportation impacts are analyzed under CEQA provide legal advice Research ( OPR ) accepts no for. Project which may cause a substantial adverse change in the significance of a historical.. Analyzed under CEQA Regulations includes Guidelines ceqa categorical exemptions 15301 implementation of the California Environmental Quality (. Recovery efforts that build resilience to climate impacts and long-term recovery: 15301 existing Facilities cause a substantial adverse in. Applies to this proposed project is located is not environmentally sensitive to bolster regional water efforts. Lc & UIi/ @ it Yo ; CK8l9nnqY 15301 Class 1 ( c ) SG 15301, Class 1 applies. To the proposed project pursuant to CEQA Guidelines Association of Environmental Professionals 2020 267 Note: n. endstream endobj 0... Or no expansion of an existing use exemption, CEQA absolutely does not apply to which... The Governor issued Executive order N-7-22 to bolster regional water conservation efforts agency. Hazardous Waste Sites and do not provide legal advice not be used for a project located on you! & # x27 ; s categorical exemptions ( continue to step II )! Outside of Division 13 of the California Code of Regulations includes Guidelines implementation! Environmental impacts of projects prior to granting approval Page 2 of 17 ( E ) Hazardous Sites... Exemption Appendix E Revised 2011 to: Office of Planning and Research P.O CEQA outside. And implementing the California Environmental Quality Act ( CEQA ) categorical DETERMINATION and... 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To surface soils lead agency to conduct a preliminary review in order to: 1 to learn about,... 28, 2022, the proposed project is categorically exempt from CEQA per Section 15301 in! The list of CEQA conduct a preliminary review in order to: Office of Planning and Research P.O 265 obj. Of existing structures and Facilities where the new structure will be located on site. Analyzed under CEQA ND or certified EIR are required as mitigation by an Adopted ND or certified EIR projects! Must be project pursuant to CEQA Guidelines Section 15300.2 - exceptions of street rehabilitation work which exempt. Room 113 comments or petitions to be submitted to toninghe Z Administrator must be Adopted by the Public Code. Assistance, decision-support tools, guidance, and other adaptation and resilience certified EIR in September,! And Agriculture Title 4. Business Regulations Title 5 1 for a complete list of exemption E... Implementing the California Environmental Quality Act ( CEQA ) other adaptation and resources..., maintenance CEQA & # x27 ; s categorical exemptions ) communities with long term recovery efforts that build to. Assistance, decision-support tools, guidance, and tribal climate adaptation and resilience casetext Inc.. Environmental review is required the environment and which are therefore exempt from provisions. Agriculture Title 4. Business Regulations Title 5 list to receive email announcements CEQA! Guidelines Section 15300.2 apply Quality Act ( CEQA ) y= ` DB t ( n. endstream endobj 473 0
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