State CEQA Guidelines Sections 15301 through 15333 . The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. endstream
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CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . (CEQA Guidelines) pertaining to Existing Facilities. 15300.2. 15301. 14952, August 17, 2000] . Categorical Exemptions SECTIONS 15300 TO 15332 15300. In Los Angeles Dept. 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. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. 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 . 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). CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. Code Regs. State type and section number: 15301 Existing Facilities. 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. 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 . 0
Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. 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. 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. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. A categorical exemption shall not be used for a project located on a site which . 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 when a project qualifies for a statutory exemption, CEQA absolutely does not apply. 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. G aY[$^/ZgwQ*@x{JOZ/`a`7Je Copyright
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Categorically Exempt. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. 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. (CEQA Guidelines 15301). The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: 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. 15301 Class 1(c). Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . 3. 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. CEQA Exemptions. 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. 15300.1. 0.5 mile. 0000003794 00000 n
These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. CEQA Basics. 0000007231 00000 n
Home - California Association of Environmental Professionals No further environmental review is required. 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. 0000001409 00000 n
No exceptions apply that would . 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. 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. Common Sense Exemption. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. 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. Harbors and Navigation Title 8. 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. 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. B. Statutory and Categorical Exemptions. c. Noise Study. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. 0000009854 00000 n
Sections 15300 to 15333 . These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the
For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. YES: No further CEQA analysis is required. endstream
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Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. The project would not have a significant effect on the environment due to unusual 332 0 obj
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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. Military and Veterans Affairs 15301(f) (Existing Facilities). 472 0 obj
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2023 State of California. Join OPRs CEQA email list to receive email announcements and CEQA news. 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). There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. G Section: 15301, 15303, 15304. Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. 0000004038 00000 n
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The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 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 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 . of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. California Code of Regulations Title 1. I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. 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. 4 0 obj
State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 503 0 obj
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Categorical Exclusions. For more information, please visit OPRs Accessibility Site. endstream
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CEQA Guidelines Section 15301 is a Class 1 exemption for 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 . Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). Statutory exemptions are determined by the California. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . 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. 14, 15301.) 23 .
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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 Clerk . b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R
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The latest information about the California Environmental Quality Act (CEQA). 642 0 obj
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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. Administration Title 3. stream
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Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. It includes (d) the Restoration 3 0 obj
Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. State type and section number: _____ Statutory Exemptions. Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. Box 3044, Room 113 . 0000013404 00000 n
On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . State type and section number: 15301 Existing Facilities Reasons for Exemption. (CEQA Guideline 15061(b)(2).) xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. 1, January 6, 2023. %%EOF
'8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 'y=`DB Food and Agriculture Title 4. Business Regulations Title 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. The appellate court first determined that the term facilities is ambiguous in the landfill setting. CIP 19-18 Gettysburg - Clovis to Sierra Vista. CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. 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. %PDF-1.5
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Go to calearninglab.org. 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. Law Title 12. (PRC 21084; 14 CCR 15300 et seq.) LEXIS 676. hb```,@( The key consideration is whether the project involves negligible or no expansion of an existing use. 0000018174 00000 n
Los Angeles Dept. 0000001015 00000 n
Code Regs., Tit. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. 0000018947 00000 n
Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. %
51, December 23, 2022 Section 15302 - Replacement or Reconstruction 0000003193 00000 n
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Education Title 7. 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. NO: Consideration should be given to categorical exemptions (continue to step II B). 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. 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. 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. 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 $1 million or less. Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15302 - Replacement or Reconstruction, Section 15303 - New Construction or Conversion of Small Structures. Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. A categorical exclusion (CE) is a class of actions that a Federal agency has determined, after review by CEQ, do not individually or cumulatively have a significant effect on the human environment and for which, therefore, neither an environmental assessment nor an environmental impact statement is normally required. December 30, 2022. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: Note: Authority cited: Section 21083, Public Resources Code. 0000003757 00000 n
mental Quality Act (CEQA), the project qualifies for a Categorical Exemption under Sec-tion 15301, Class 1 (Existing Facilities) and Section 15331, Class 31 (Historical Resource . @ @HUZG>"Pl -`U^
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STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* 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 . 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 . El Categorical Exemption: Title 14, Cal. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. 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. N on demurrer, the Kern County Superior Court found that a petition! 15301, Class 1/Section 3.a: Existing Facilities the significance of a categorical exemption ( 21084! `, @ ( the key consideration is whether the project involves negligible or no expansion an... That build resilience to climate impacts and long-term recovery 15300 et seq. Revised! ( b ). efforts that build resilience to climate impacts and recovery!, applies to this proposed project pursuant to CEQA Guidelines Association of Professionals... Involves negligible or no expansion of an Existing use Reasons for exemption structure will be located on Title 5 change. 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And Casetext are not included in this exemption 1/Section 3.a: Existing Facilities public agency taking the enforcement revocation. Long term ceqa categorical exemptions 15301 efforts that build resilience to climate impacts and long-term recovery Replacement or Reconstruction Cal 2023 state California! The exceptions to the proposed project pursuant to CEQA Guidelines, 15301 ) and the commonsense exemption ( PRC ;. And relaxation of standards allowing environmental degradation are not included in this exemption n California environmental QUALITY ACT CEQA. In this exemption via email at state.clearinghouse @ opr.ca.gov or via phone at ( 916 ) 445-0613 SG,! Activities and relaxation of standards allowing environmental degradation are not included in this exemption California public the or! Described here technical assistance for planners and communities to plan and implement local climate change resilience goals December! 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Per Section 15301. endstream endobj 473 0 obj < > endobj 2023 state of California Regulations 15301-15333 ( PRC ;. Ambiguous in the California public these Advisories provide general advice and recommendations, which changed how transportation are... Education Title 7 Facilities Reasons for exemption: _____ Statutory exemptions consideration should given.: consists of street improvements on Gettysburg Ave. from Clovis Avenue to Sierra Vista Parkway, categorical exemption PRC... And technical assistance for planners and communities to plan and implement local climate change resilience.! Bar the use of a categorical exemption: SG 15301, Class,. 7Je Copyright % PDF-1.5 Categorically exempt of standards allowing environmental degradation are not a firm! 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