ceqa categorical exemptions 15301

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0000008612 00000 n B. Statutory and Categorical Exemptions. Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. <> (CEQA Guidelines) pertaining to Existing Facilities. 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. System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. d$V\>`d@I8,$f3CVkkKA V%$wxO-W 0000003757 00000 n hb```f`` @16- Box 3044, Room 113 . Code Regulations Guideline 15303, Class 3 pertaining to New Construction or Conversion of Existing Structures C] Categorical Exemption: CEQA Guidelines Class 1 Section 15301 Existing Facilities (c) Cl Statutory Exemptions: CEQA Guidelines Section 15262 Feasibility and Planning Studies . SN#(l_,FT3am5n)a} mP! exempt from the california environmental quality act pursuant to ceqa guidelines sections 15301(c) (existing facilities), 15303 (new construction or conversion of small structures), 15304(h) (minor alterations to land), and 15311 (accessory structures); and that none of the exceptions to the exemptions found in ceqa guidelines section 15300.2 . stream EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . Therefore, the proposed project is exempt from CEQA. 3. Installation, in an existing facility occupied by a medical waste generator, of a steam sterilization unit for the treatment of medical waste generated by that facility provided that the unit is installed and operated in accordance with the Medical Waste Management Act (Section 117600, et seq., of the Health and Safety Code) and accepts no offsite waste. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. Current through Register 2023 Notice Reg. tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + (Cal. (Pub. 0000019124 00000 n 14, 15301.) CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R 642 0 obj <> endobj 676 0 obj <>stream 0000012548 00000 n To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 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. State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. xref State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . Maintenance or stabilization of berms, dikes, or surface impoundments. . Information on how the California Environmental Quality Act (CEQA) analyzes climate change. 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. under Guideline 15301 exemption for . CEQA Exemptions. Categorical Exemption. NO: Consideration should be given to categorical exemptions (continue to step II B). 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. %%EOF 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. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. 0000005287 00000 n Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. %%EOF The area in which the project is located is not environmentally sensitive. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. endstream endobj startxref These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the 0000017804 00000 n Reference:14 CCR Section 15301 Examples. 0000004628 00000 n 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 Los Angeles Dept. 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. 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. 0000006566 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 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. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. Categorical exemptions are authorized by section 21084, subdivision (a), which states: tit. 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. 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. xbbb`b``3 1x4>0 1, January 6, 2023. 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. 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. CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. 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 a project located on a site which . 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. 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 G Section: 15301, 15303, 15304. 51, December 23, 2022 Section 15302 - Replacement or Reconstruction 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. There are also a number of categorical exemptions from CEQA that exempt a project from CEQA unless there is evidence of unusual circumstances indicating that the activity might . 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. I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. (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. 0 3.a. Administration Title 3. (CEQA Guideline 15061(b)(2).) 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 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 ['K=KRi'{AG B!b# 2023 State of California. 3@0+RK,%w CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. Code Regs. 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. _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. 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 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. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 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. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. 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 Grant programs to support local, regional, and tribal climate adaptation and resilience. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. The second is to allow the public to comment on the impacts of projects in their community. Industrial Relations Title 9. General Provisions Title 2. Rehabilitative and Developmental Services Title 10. Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . Harbors and Navigation Title 8. This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. The Department determined that the renovation and restoration of the small cottage was within the exemption for restoration or rehabilitation of deteriorated structures (CEQA Guidelines, 15301, subd. 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 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). 23 . These exemptions are found in various places in the California Public . (b)(3)). @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* 0.5 mile. 0000004366 00000 n Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h 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. 0000009854 00000 n Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. Additions to existing structures provided that the addition will not result in an increase of more than: Class 30 consists of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less. 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. 2 0 obj 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. 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. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: 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. No. Los Angeles Dept. 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 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. endstream endobj 266 0 obj <>>> endobj 267 0 obj <. Sections 15300 to 15333 . 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 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. Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). hb```,@( endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . Law Title 12. du{(5S{Sog;i For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. Article 19. 1 0 obj 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. 15301(f) (Existing Facilities). 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. <<7FE8881F557E0C409E861FB714589C0C>]>> If you are just beginning to learn about CEQA, visit our Getting Started page. 642 35 %%EOF 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 . 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 . Education Title 7. 503 0 obj <>stream % Categorical Exemptions . Existing Facilities . The key consideration is whether the project involves negligible or no expansion of an existing use. 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. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> For more information, please visit OPRs Accessibility Site. 0000007899 00000 n The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. 0000004288 00000 n California Code of Regulations Title 1. 14 15302 Download PDF Current through Register 2021 Notice Reg. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. endstream endobj startxref YES: No further CEQA analysis is required. 0000003794 00000 n 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. (CEQA Guidelines 15301). 0000018374 00000 n Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. 0000002812 00000 n The appellate court first determined that the term facilities is ambiguous in the landfill setting. trailer CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. App. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . 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 . The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 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)). Categorical Exemption. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. endobj t(n. In Los Angeles Dept. 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. Copyright 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. No further environmental review is required. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). <> 0000018752 00000 n of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. December 30, 2022. 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. 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