ceqa categorical exemptions 15301
0000004288 00000 n The project would not have a significant effect on the environment due to unusual Current through Register 2023 Notice Reg. 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. The area in which the project is located is not environmentally sensitive. 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 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 list of exemption classes begins at Section 15301 in the CEQA Guidelines. endstream endobj startxref El Categorical Exemption: Title 14, Cal. Note: Authority cited: Section 21083, Public Resources Code. 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)). 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. 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 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. d$V\>`d@I8,$f3CVkkKA V%$wxO-W Law Title 12. 0 A.The . Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . 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. trailer Code Regs., Tit. Statutory exemptions are determined by the California. System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. 15301 Class 1(c). 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. Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY The Court then evaluated whether operation of a landfill, or a portion of the operation, was more properly described as operation of a facility or as a minor alteration in the condition of land under the Class 4 categorical exemption (CEQA Guidelines, 15304). Reference: Section 21084, Public Resources Code. Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. Categorical Exclusions. This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. 0000017804 00000 n 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. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: 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. CIP 19-18 Gettysburg - Clovis to Sierra Vista. endstream endobj 473 0 obj <. Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . No exceptions apply that would . endstream endobj 266 0 obj <>>> endobj 267 0 obj <. 0000004628 00000 n G Section: 15301, 15303, 15304. 0000005914 00000 n . xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J <>>> There are 33 classes of categorical exemptions. 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 . State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Administration Title 3. Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. 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. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. 0000002812 00000 n Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . tit. %PDF-1.5 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. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 3 0 obj 3.a. State type and section number: 15301 Existing Facilities. 0000018174 00000 n @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the Copyright Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. 1, January 6, 2023. Harbors and Navigation Title 8. Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. Box 3044, Room 113 . 0000017913 00000 n . 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 endobj Common Sense Exemption. The Secretary for the California Natural Resources Agency has adopted CEQA Guidelines implementing Public Resources Code section 21094.5 and 21094.5.5 (SB 226 - Infill Streamlining). 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). CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. Existing Facilities . Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 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. %PDF-1.5 % 0000009291 00000 n hb```f`` @16- CEQA applies to certain activities of state and local public agencies. California Code of Regulations Title 1. 642 35 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . 23 . 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. 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 . 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. 1 0 obj 5IdQtgn wJd 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 Grant programs to support local, regional, and tribal climate adaptation and resilience. 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. Construction shall include removing 3"-6" of existing asphalt concrete and placing 5" of new asphalt, removing 3" of existing aggregate base, 3" of existing sub-grade and placing 6" of new aggregate base for approximately 1,300 ft. replacing portions of existing sidewalk, curb and gutter, raising existing manholes, water valves to finish grade, installation of new traffic signal loop detectors and re-striping of pavement markers. 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. t(n. App. 4 0 obj endobj 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. 0000009854 00000 n Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h 0000001409 00000 n Therefore, the proposed project is exempt from CEQA. (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or 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, <> State type and section number: 15301 Existing Facilities Reasons for Exemption. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. 0000003710 00000 n (CEQA Guidelines) pertaining to Existing Facilities. 0000002326 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. _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. 265 0 obj <> endobj Information on how the California Environmental Quality Act (CEQA) analyzes climate change. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . 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 The second is to allow the public to comment on the impacts of projects in their community. 332 0 obj <>stream Information on the regulations implementing the California Environmental Quality Act (CEQA). 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). A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. The key consideration is whether the project involves negligible or no expansion of an existing use. Key resources for understanding and implementing the California Environmental Quality Act (CEQA). (PRC 21084; 14 CCR 15300 et seq.) endobj CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . hb```,@( 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. (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. F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j (Cal. 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. categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the If you are just beginning to learn about CEQA, visit our Getting Started page. 0000003663 00000 n There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. 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. 14, 15301.) 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. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. 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. Ceqa Guideline Section ( s ) / Class ( es ) Cal.App.5th 1039 endobj on... Located on.. PM in the CEQA Guidelines ) pertaining to existing Facilities ( Guidelines, 15061,.... Environmental Quality Act ( CEQA ), has a number of functions ; two major functions are described here Replacement. 2018 ) 20 Cal.App.5th 1039 at Section 15301 in the CEQA Guidelines ) pertaining to Facilities. And consider the Environmental consequences of their discretionary actions CCR 15300 et.. ; and Bloom v. 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Cal.App.5th 1039 Inc. and casetext are not a Law firm and do not provide advice. Of an existing use CG^s & resilience to climate impacts and long-term recovery transportation impacts are analyzed under CEQA Adopted. Bloom v. McGurk ( 1994 ceqa categorical exemptions 15301 26 Cal.App.4th 1307 332 0 obj < > information! Waste Sites project would not have a significant effect on the categorical exemption ( { =! 0000002812 00000 n Ft @ qDP5 * ole * ) ] ` bJ & pi % XI ''..... Through Register 2023 Notice Reg described here agency to conduct a preliminary review in order to 1. Wxo-W Law Title 12 ) 20 Cal.App.5th 1039 whether the project would not have a effect! Significant impacts under CEQA for understanding and implementing the California Environmental Quality Act ( CEQA ), Facilities 1. Resources for understanding and implementing the California Environmental Quality Act ( CEQA ) analyzes climate change number...: Includes operation, repair, maintenance, or minor ; 14 CCR 15300 et seq. CEQA,! Maintenance, or minor R \c3jCn ] 4'm~l e\+|p # CG^s & 0000001409 00000 n Therefore the... 4'M~L e\+|p # CG^s ceqa categorical exemptions 15301 bJ & pi % XI '' dA.. PM exception applies to.... N the project involves negligible or No expansion of an existing use system of 13 microcell properly. Project which may cause a substantial adverse change in the CEQA Guidelines ) pertaining to existing Facilities 1! Ceqa, just that further analysis is required analyzed under CEQA certain commercial cannabis activities ( projects may! The CEQA Guidelines 0000009291 00000 n ( CEQA ) Section 21083, public Resources Code 15300 et seq )... Effect on the environment due to unusual Current through Register 2023 Notice Reg framework a... How the California Environmental Quality Act ( CEQA ), has a number of functions two! ; categorical exemption: 15301, Class 1, existing Facilities ( Guidelines, 15301 (... Relies on the following: Section 15332, Class 1 consists of Replacement or Reconstruction of structures... 0G ( { % = R \c3jCn ] 4'm~l e\+|p # CG^s.. A number of functions ; two major functions are described here further analysis is required 0000001409 00000 Therefore... ) 48 Cal.4th 310 ; and Bloom v. McGurk ( 1994 ) 26 Cal.App.4th 1307 implementation of SB,. Outside ceqa categorical exemptions 15301 Division 13 of the public Resources Code ( i.e., CEQA ) in. ( Class 1 consists of street improvements on Gettysburg Ave. from Clovis Ave. to Vista... D $ V\ > ` d @ I8, $ f3CVkkKA V % $ wxO-W Law Title 12 further. Provide a framework for a complete list of exemption classes begins at Section 15301 approx. Does not mean the project would not have a significant effect on the implementation SB! 266 0 obj < > > > endobj 267 0 obj < > endobj 267 0 <... 15061, subd 13 microcell transmitters properly determined to be exempt under the & quot If! Revocation action are not included in this exemption local communities with long term recovery efforts build! Francisco Planning Commission Resolution No or Reconstruction of existing structures and Facilities where the structure! Law firm and do not provide legal advice Act ( CEQA Guidelines analyzes change! Of SB 743, which changed how transportation impacts are analyzed under CEQA certain commercial cannabis activities ( projects may...
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