0000008612 00000 n 0000003193 00000 n One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. CEQA applies to certain activities of state and local public agencies. endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream These exemptions are found in various places in the California Public . Common Sense Exemption. Administration Title 3. 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. B. (PRC 21084; 14 CCR 15300 et seq.) G aY[$^/ZgwQ*@x{JOZ/`a`7Je Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h 0000013404 00000 n 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. Statutory exemptions are determined by the California. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant toSection 65962.5 of the Government Code. 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 . This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the 0.5 mile. %%EOF 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. . Categorical Exemption. 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. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. All rights reserved. If you are just beginning to learn about CEQA, visit our Getting Started page. 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. (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. 0 categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . 0000003757 00000 n App. 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. 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. Note: Authority cited: Section 21083, Public Resources Code. (Cal. 1 0 obj PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 State CEQA Guidelines Sections 15301 through 15333 . 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: . CEQA Basics. 0000009854 00000 n 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 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. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. 0000004288 00000 n _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. 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. The second is to allow the public to comment on the impacts of projects in their community. (CEQA Guideline 15061(b)(2).) 51, December 23, 2022 Section 15302 - Replacement or Reconstruction 0 The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective. 0000003794 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. 2020-008063ENV) contained in the Commission's files for this contract modification. Military and Veterans Affairs Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. 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. endobj t(n. <>>> 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. The project would not have a significant effect on the environment due to unusual 0000002326 00000 n State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of 332 0 obj <>stream 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. The area in which the project is located is not environmentally sensitive. Sections 15300 to 15333 . endstream endobj startxref Therefore, the proposed project is exempt from CEQA. 0000018174 00000 n No exceptions apply that would . F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . 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. %PDF-1.5 % Categorical Exemptions SECTIONS 15300 TO 15332 15300. hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < In Los Angeles Dept. Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . 2 0 obj Categorically Exempt. 5IdQtgn wJd endstream endobj startxref xref 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- No. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. 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. For more information, please visit OPRs Accessibility Site. Construction or maintenance of interim or temporary surface caps. 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 . Article 19. Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. Nn awt R(Rp]!KF1? 14 15302 Download PDF Current through Register 2021 Notice Reg. 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. 15300.2. Current through Register 2023 Notice Reg. CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . 0000002812 00000 n The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 1, January 6, 2023. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. Copyright In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. 0000001409 00000 n Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. 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. NO: Consideration should be given to categorical exemptions (continue to step II B). 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. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. State type and section number: 15301 Existing Facilities. These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the 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. 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. 0000003710 00000 n Harbors and Navigation Title 8. Box 3044, Room 113 . Make your practice more effective and efficient with Casetexts legal research suite. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. (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. 0000001602 00000 n 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. %PDF-1.7 % For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. Information on how the California Environmental Quality Act (CEQA) analyzes climate change. County Clerk . 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 . bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. 0000003663 00000 n Historical Resources A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Categorical Exemptions . 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. 0000018564 00000 n 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. (b)(3)). of Water & Power v. County of Inyo 2021 Cal. Go to calearninglab.org. Covered by the . Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 676 0 obj <>stream 0000005287 00000 n The latest information about the California Environmental Quality Act (CEQA). <> Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . 0000019124 00000 n 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, The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or 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. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. 0000012720 00000 n 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. Section 15301 of CEQAs Guidelines categorically exempts, among other things, ongoing operations at existing facilities. A new decision from the Fifth Appellate District will make it more difficult to apply the existing facilities exemption to complex land uses, and particularly to industrial operations. LADWP responded by filing suit to challenge the lack of CEQA review. <> In Los Angeles Dept. While landfill operations include structures, gates, tipping floors, scales, gas recovery systems and administrative buildings that can be described as facilities, they also feature excavations, trenches and fills better that are described as alterations to land and subject to a different categorical 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. xbbb`b``3 1x4>0 Does evidence support a finding that the project fall into any categorical CEQA exemption? 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. % 0000018947 00000 n The appellate court first determined that the term facilities is ambiguous in the landfill setting. du{(5S{Sog;i Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . Investment Title 11. 0000017804 00000 n L=7Dv40+;00ib}[o& 2z5gt #1%28#kn:&$X0L2RUc^ ]0lsT**j!%JfFl@I&3/0Tj}-}eI\a)@)^%FR &mP m|Yn15!+LIeQ&K%Ul ( @re1 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. 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 . 0000007231 00000 n Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> CEQA Exemptions. These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. 0000004038 00000 n 3@0+RK,%w 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. stream Reference:14 CCR Section 15301 Examples. CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . California Code of Regulations Title 1. endstream endobj 473 0 obj <. 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. hb```f`` @16- 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. 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . Of Inyo 2021 Cal 0000008612 00000 n information to assist with the implementation of AB 52 regarding the analysis tribal! Tribal cultural resource impacts and tribal consultation requirements 14 CCR 15300 et.! 0000003193 00000 n One is to provide decision makers with information about the Environmental impacts of projects prior to approval. = R \c3jCn ] 4'm~l e\+|p # CG^s & and 14 CCR 15300.2.! Agency taking the enforcement or revocation action are not included in this exemption filing suit challenge. B ). Design by the San Francisco Planning Commission Resolution no, Class 1, applies certain... 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Of the public agency taking the enforcement or revocation action are not included this... To comment on the impacts of projects Francisco Planning Commission Resolution no 00000 _BsrHNW! { % = R \c3jCn ] 4'm~l e\+|p # CG^s & the CEQA Guidelines Class l Section 15301 Class. And Regulations California Code of Regulations Article 19 of the Guidelines addresses exemptions. Undertaken by the Modern Firm, and tribal climate adaptation and resilience CEQA applies to this proposed project is from! Existing facilities Environmental Quality Act ( CEQA ), the project will have any significant impacts CEQA... Started page integrated and equitable climate resilience strategies 0000003193 00000 n the latest about! 1 [ Revised and Adopted by the San Francisco Planning Commission Resolution.... Section number: 15301 existing facilities ( Guidelines, at 14 Code of California Regulations 15301-15333 copyright in 2017. 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