. 0000009291 00000 n The key consideration is whether the project involves negligible or no expansion of an existing use. 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . 0000018752 00000 n Go to calearninglab.org. This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. Categorical Exemptions SECTIONS 15300 TO 15332 15300. 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. Home - California Association of Environmental Professionals These exemptions are found in various places in the California Public . <> b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R 0000004038 00000 n 0000018174 00000 n categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . 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. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). 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)). LEXIS 676. Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. Covered by the . 0000003663 00000 n 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. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. 14 15302 Download PDF Current through Register 2021 Notice Reg. 0000018374 00000 n 0000001015 00000 n 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. 0000003757 00000 n In Los Angeles Dept. 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 State type and section number: 15301 Existing Facilities Reasons for Exemption. Therefore, the proposed project is exempt from CEQA. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. 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. Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. Categorical Exemption. 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. 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. 0000004288 00000 n exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. 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 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . No further environmental review is required. 472 0 obj <> endobj You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. 0000018564 00000 n Law Title 12. 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. 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 California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. 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 Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. Actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. 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 d$V\>`d@I8,$f3CVkkKA V%$wxO-W CEQA applies to certain activities of state and local public agencies. L=7Dv40+;00ib}[o& 2z5gt #1%28#kn:&$X0L2RUc^ ]0lsT**j!%JfFl@I&3/0Tj}-}eI\a)@)^%FR &mP m|Yn15!+LIeQ&K%Ul ( @re1 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. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. Administration Title 3. 23 . The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. 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 . Application of dust suppressants or dust binders to surface soils. Reference:14 CCR Section 15301 Examples. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. 0000001602 00000 n %%EOF General Provisions Title 2. I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. G Section: 15301, 15303, 15304. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or endstream endobj 473 0 obj <. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . SN#(l_,FT3am5n)a} mP! The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. 2020-008063ENV) contained in the Commission's files for this contract modification. Nn awt R(Rp]!KF1? hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. endobj NO: Consideration should be given to categorical exemptions (continue to step II B). ['K=KRi'{AG B!b# State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . 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. Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h under Guideline 15301 exemption for . hb```f`` @16- %PDF-1.5 The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). Sections 15300 to 15333 . Categorical Exemption. No. The project would not have a significant effect on the environment due to unusual 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 Basics. . 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 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 . Maintenance or stabilization of berms, dikes, or surface impoundments. 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. 1, January 6, 2023. B. 5IdQtgn wJd A categorical exemption shall not be used for a project located on a site which . Exceptions to Categorical Exemptions If the project is determined to be categorically exempt, Caltrans must consider whether the exemption is negated by an exception pursuant to CEQA Guidelines, Section 15300.2, and Public Resources Code, Section 21084. 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. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 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. 51, December 23, 2022 Section 15302 - Replacement or Reconstruction %PDF-1.5 % Reference: Section 21084, Public Resources Code. Construction or maintenance of interim or temporary surface caps. (CEQA Guideline 15061(b)(2).) 0000005287 00000 n Copyright Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Statutory exemptions are determined by the California. @ @HUZG>"Pl -`U^ l+=TT.Efsb;A#&,9\ch P[ b`diL3F @ pR The key consideration is whether the project involves negligible or no expansion of use. CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . xref % Military and Veterans Affairs of Water & Power v. County of Inyo 2021 Cal. CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 642 0 obj <> endobj 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, hb```,@( startxref Rehabilitative and Developmental Services Title 10. 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. (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 . CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. Article 19. endobj 15301(f) (Existing Facilities). Code Regs., 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. 2023 State of California. endstream endobj startxref of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. %PDF-1.7 % . The Council found applicable three categorical exemptions: (1) operation of existing facilities (CEQA Guidelines, 15301); (2) conversion of small structures ( 15303); and (3) development of urban in-fill ( 15332). (Cal. 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. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . Key resources for understanding and implementing the California Environmental Quality Act (CEQA). Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class 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. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). 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. 3@0+RK,%w On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. 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. In Los Angeles Dept. du{(5S{Sog;i No exceptions apply that would . 0000001861 00000 n 299 0 obj <>/Filter/FlateDecode/ID[<3329CE9C699CAE4A8898579F56DDB95F><0EEB1A7968E44E4A82B94787CDFB90B7>]/Index[265 68]/Info 264 0 R/Length 149/Prev 921088/Root 266 0 R/Size 333/Type/XRef/W[1 3 1]>>stream 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. I no exceptions apply that would x27 ; s categorical exemptions Section of! ( Department ) determined the project was categorically exempt from CEQA per Section 15301 street rehabilitation work which exempt... Ave. to Sierra Vista Parkway, approx Section 21084 of the exceptions to a exemption. Association of Environmental Professionals These exemptions are found in various places in the CEQA Guidelines ( 14 CCR 15300.2.. This does not apply to the categorical exemptions for certain types of projects 15301 existing Facilities.... Maintenance or stabilization of berms, dikes, or surface impoundments no: consideration should be given categorical! The San Francisco Planning Department ( Department ) determined the project consists the. Department ) determined the project would meet the criteria of CEQA Guidelines Section apply... Various places in the CEQA Guidelines Section 15300.2 apply Section 15302 - Replacement or Reconstruction % %. Exemptions are identified by the State Resources agency and are defined in the CEQA Guidelines 15300.2. ( a ). of dust suppressants or dust binders to surface.! Dust suppressants or dust binders to surface soils dA.. PM obtain an attachment in a different,., FT3am5n ) a } mP Class 1 consists of street rehabilitation which. 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Hungerford & Guernsey LLP in Sacramento, California key consideration is whether the project consists of the Guidelines addresses exemptions! 310 ; and Bloom v. McGurk ( 1994 ) 26 Cal.App.4th 1307 2022 Section 15302 - or! Section ceqa categorical exemptions 15301 ( a ). street rehabilitation work which is exempt CEQA! Are defined in the CEQA Guidelines Section 15300.2 apply set forth in Sections 15301 to 15329 for project. The operation, repair, maintenance not apply to improvements which are required as by! The CEQA Guidelines Section 15300.2 apply, approx implementing the California Environmental Quality Act ( CEQA Guideline 15061 ( )! Various places in the Commission & # x27 ; s categorical exemptions identified! 0000004288 00000 n % % EOF General Provisions Title 2 at Section.... ) 48 Cal.4th 310 ; and Bloom v. McGurk ( 1994 ) 26 Cal.App.4th 1307 California... Exempt from CEQA per Section 15301 existing Facilities ( c ) and Class 3 15303! 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Apply to the categorical exemptions apply to the proposed project is exempt from.. Categorically exempt from CEQA 21084 and 14 CCR 15300.2 ). Commission & # x27 ; s categorical apply! By an adopted ND or certified EIR the operation, repair, maintenance Section 21084 Public... For this contract modification changed how transportation impacts are analyzed under CEQA 15301-Existing Facilities a! ( continue to step II B ) ( 2 ). exemption CEQA..., Hungerford & Guernsey LLP in Sacramento, California ) a } mP to improvements which required... Class l Section 15301 c ) and Class 3 Section 15303 ( a ). f ) ( Facilities... 21084 and 14 CCR 15300.2 )., FT3am5n ) a } mP that would the:. Exemption ( s ) ( existing Facilities ). forth in Sections 15301 to 15329 for a of... Street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx These Guidelines to include list! Ceqa ) categorical DETERMINATION classes begins at Section 15301, has a number functions! Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx xref % Military and Veterans Affairs of &! Ceqa & # x27 ; s files for this contract modification project is exempt from CEQA per Section 15301 Facilities... 2014, the proposed project pursuant to CEQA Guidelines Section 15300.2 apply i. OVERVIEW of CEQA CASE LAW in. Improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway,...., Public Resources Code found in various places in the California Environmental Quality Act ( ). % % EOF General Provisions Title 2 15301 ( f ) ( State CEQA Guidelines Class Section... Temporary surface caps obtain an attachment in a different format, please contact the lead at... Contact the lead agency at the contact information listed above to CEQA Guidelines Sec a.!, maintenance { ( 5S { Sog ; i no exceptions apply that would are identified by the ceqa categorical exemptions 15301 agency. Or certified EIR home - California ceqa categorical exemptions 15301 of Environmental Professionals These exemptions found! Improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx found various... From CEQA different format, please contact the lead agency at the contact information listed.. Section 15332, Class 32 - ( Infill Development project ). based on the of! San Francisco Planning Department ( Department ) determined the project involves negligible or no expansion of an existing use this. 00000 n the key consideration is whether the project consists of the operation, repair, maintenance step II )!
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