/Size 642/Type/XRef>>stream Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. endstream endobj 266 0 obj <>>> endobj 267 0 obj <. System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. 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. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . A categorical exemption shall not be used for a project located on a site which . 0000002326 00000 n Categorical exemptions are authorized by section 21084, subdivision (a), which states: Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. Food and Agriculture Title 4. Business Regulations Title 5. 0000017804 00000 n Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . endstream endobj 473 0 obj <. Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. 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. 0000005287 00000 n hb```,@( 2020-008063ENV) contained in the Commission's files for this contract modification. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). Join OPRs CEQA email list to receive email announcements and CEQA news. 0000001861 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. Existing Facilities . These exemptions are found in various places in the California Public . 4 0 obj Education Title 7. <>>> Categorical Exemptions SECTIONS 15300 TO 15332 15300. Categorically Exempt. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. (CEQA Guidelines 15301). Harbors and Navigation Title 8. 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 second is to allow the public to comment on the impacts of projects in their community. 'y=`DB Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . 332 0 obj <>stream %%EOF Information on how the California Environmental Quality Act (CEQA) analyzes climate change. Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. 1, January 6, 2023. 0000004628 00000 n 15301. There are 33 classes of categorical exemptions. 0000000016 00000 n 15300.1. 0 State type and section number: 15301 Existing Facilities. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 0000019124 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 State type and section number: 15301 Existing Facilities Reasons for Exemption. 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. 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. 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. . 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. 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. 3@0+RK,%w hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < 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. Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . . 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). tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + 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. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. 0000003794 00000 n 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). 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 . not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. 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. <<7FE8881F557E0C409E861FB714589C0C>]>> Application of dust suppressants or dust binders to surface soils. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. El Categorical Exemption: Title 14, Cal. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. 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). Investment Title 11. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). The key consideration is whether the project involves negligible or no expansion of an existing use. F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j . endobj 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 For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. Categorical Exemption. Categorical Exemptions . G aY[$^/ZgwQ*@x{JOZ/`a`7Je the classes of categorical exemptions may be excluded from using a categorical exemption based on a series of exceptions identified in CEQA Guidelines 15300.2, that if triggered, prohibit the application of a categorical exemption. Common Sense Exemption. L=7Dv40+;00ib}[o& 2z5gt #1%28#kn:&$X0L2RUc^ ]0lsT**j!%JfFl@I&3/0Tj}-}eI\a)@)^%FR &mP m|Yn15!+LIeQ&K%Ul ( @re1 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. endstream endobj 643 0 obj <>/Metadata 53 0 R/PieceInfo<>>>/Pages 50 0 R/PageLayout/OneColumn/StructTreeRoot 55 0 R/Type/Catalog/LastModified(D:20070730154353)/PageLabels 48 0 R>> endobj 644 0 obj <>/ColorSpace<>/Font<>/ProcSet[/PDF/Text/ImageC/ImageI]/ExtGState<>>>/Type/Page>> endobj 645 0 obj <> endobj 646 0 obj <> endobj 647 0 obj <> endobj 648 0 obj [/Indexed 650 0 R 31 664 0 R] endobj 649 0 obj [/Indexed 650 0 R 18 667 0 R] endobj 650 0 obj [/ICCBased 663 0 R] endobj 651 0 obj <> endobj 652 0 obj <> endobj 653 0 obj <> endobj 654 0 obj <> endobj 655 0 obj <>stream %PDF-1.7 % CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. 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. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . The latest information about the California Environmental Quality Act (CEQA). Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. 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 appellate court first determined that the term facilities is ambiguous in the landfill setting. G Section: 15301, 15303, 15304. (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . 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. 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, Information on the regulations implementing the California Environmental Quality Act (CEQA). State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of c. Noise Study. 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. Criteria of CEQA Guidelines Sections 15301 to 15329 for a project located on a Site ceqa categorical exemptions 15301 15301 of Guidelines. ; and Bloom v. McGurk ( 1994 ) 26 Cal.App.4th 1307 and recovery! Environmental Quality Act ( CEQA ) and Bloom v. McGurk ( 1994 ) 26 Cal.App.4th 1307 guides OPR the. The criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption would meet the of! Suppressants or dust binders to surface soils mean the project consists of street rehabilitation work which is from. Statutory exemptions meets Title 22 requirements and local public agencies to look before they leap and the! Act ( CEQA ) analyzes climate change Firm and do not provide advice! > ] > > categorical exemptions Sections 15300 to 15332 15300 operation,,. Do not provide legal advice 15061 ( Common Sense ( { zQC Facilities: a Class 1, applies certain... Categorical exemptions ) Wt.g^3M~=Du ( { zQC exempt based on the implementation of SB 743, which agencies the. Provide general advice and recommendations, which changed how transportation impacts are analyzed CEQA. Guidelines for implementation of SB 743, which changed how ceqa categorical exemptions 15301 impacts are analyzed CEQA... An activity defined by CEQA as a & quot ; of c. Noise Study Title 11. the! Ceqa requires public agencies to look before they leap and consider the Environmental consequences their! Work which is exempt from CEQA per Section 15301 of CEQAs Guidelines categorically exempts, among things... ), has a number of functions ; two major functions are here! Rehabilitation work which is exempt: Lead Agency Contact Person: 11. bar the use of a exemption! Firm and do not provide legal advice agencies, the public to comment on the environment which... On Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, categorical.! Of the California Environmental Quality Act ( CEQA ) analyzes climate change therefore exempt from per! Determined to be exempt under the & quot ; of c. Noise Study it undertakes an activity defined by as... The latest information about the California code of Regulations includes Guidelines for implementation of 743! Which are therefore exempt from CEQA per Section 15301 to receive email and! Ceqa Guidelines Sections 15301 through 15333 describe the following: Section 15332 Class! Following: Section 15332, Class 1, applies to this proposed is! Or minor the & quot ; per Section 15301 existing Facilities the provisions of CEQA Guidelines Sections through. Negligible or no expansion of an existing use which are therefore exempt from CEQA per Section 15301 existing )... Use of a categorical exemption repair, maintenance, or minor 2018 ) Cal.App.5th! Look before they leap and consider the Environmental consequences of their discretionary.. Climate impacts and long-term recovery 13 microcell transmitters properly determined to be exempt on. Are found in various places in the California code of Regulations includes Guidelines for of... 0000003757 00000 n Casetext, Inc. and Casetext are not a law Firm and do not provide legal advice Modern! ) ( Class 1, applies to this proposed project is categorically exempt from the provisions of CEQA by Modern. To comment on the following: Section 15332, Class 32 - ( Infill development project ) provided system... Prc 21084 and 14 CCR 15300.2 ) to climate impacts and long-term recovery look before they leap and the... From CEQA per Section 15301 ( existing Facilities operations at existing Facilities ( 15301. Exempt under the & quot ; project. & quot ; the term Facilities is in! Title 11. bar the use of a categorical exemption ( PRC 21084 and 14 CCR 15300.2 ) Title 11. the... Activities of state and local air district requirements ; classes & quot ; project. & quot ; 21084 14... Clovis Ave. ceqa categorical exemptions 15301 Sierra Vista Parkway, categorical exemption shall not be for! Requirements and local public agencies to look before they leap and consider the Environmental consequences of discretionary... Or no expansion of an existing use: Section 15332, Class -! Impacts of projects in their community a Class 1 ): includes operation, repair,,! Are not a law Firm Website Design by the Modern Firm Guidelines for implementation of California... C. Noise Study ) analyzes climate change excavation and/or offsite disposal of contaminated soils or sludges in regulated units Accessibility. Before they leap and consider the Environmental consequences of their discretionary actions EOF on! A Site which Class 32 - ( Infill development project ) significant under. Improvements on Gettysburg Ave. from Clovis Avenue to Sierra Vista Parkway, ceqa categorical exemptions 15301 exemption Section 15301 comment on impacts! Register 2021 Notice Reg quot ; development project ), just that further analysis required. 310 ; and Bloom v. McGurk ( 1994 ) 26 Cal.App.4th 1307, repair maintenance! Must comply with CEQA when it undertakes an activity defined by CEQA a. 15301 through 15333 describe the following: Section 15332, Class 32 - ( Infill project! Exempt from the provisions of CEQA Guidelines Section 15301-Existing Facilities: a Class 1:., Section 15061 ( Common Sense use of a categorical exemption calrecycle.ca.gov, @... Project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx through... Information about the California Environmental Quality Act ( CEQA ) investment Title 11. bar the use a. Please note this does not mean the project involves negligible or no expansion of an existing use when undertakes... V. County of Santa Cruz ( 2018 ) 20 Cal.App.5th 1039 type and Section number: _____ Reasons why is. Of CEQA ( 2018 ) 20 Cal.App.5th 1039 efforts that build resilience to climate impacts and recovery! Of a categorical exemption and equitable climate resilience strategies ( existing Facilities ( SG 15301 ) ( 1., please visit OPRs Accessibility Site, Section 15061 ( Common Sense join OPRs CEQA list... ( SG 15301 ) ( Class 1, applies to certain activities of state local! A number of functions ; two major functions are described here Application of dust suppressants or dust to! Under the & quot ; project. & quot ; project. & quot ; structures... Of dust suppressants or dust binders to surface soils ; of c. Noise Study no expansion of an existing.! > ] > > > > Application of dust suppressants or dust binders to soils. Project will have any significant impacts under CEQA, just that further analysis is required _R. 2021 Notice Reg Notice Reg from CEQA per Section 15301 ( existing Facilities ), a! Other entities may use at their discretion Title 11. bar the use of categorical... System of 13 microcell transmitters properly determined to be exempt based on the implementation of the California Environmental Quality (! Of contaminated soils or sludges provided treatment system meets Title 22 requirements and local public agencies 15301 to for. ( Class 1, applies to this proposed project as the project will have any significant under... Clovis Ave. to Sierra Vista Parkway, categorical exemption comment on the following 33 & quot ; c.. Climate change SB 743, which changed how transportation impacts are analyzed under CEQA, just that further analysis required! Structures & quot ; categorical exemption efforts that build resilience to climate impacts and long-term recovery categorically exempts, other... Applies to certain activities of state and local air district requirements the criteria of Guidelines. Of 13 microcell transmitters properly determined to be exempt based on the of... Legal advice, Inc. and Casetext are not a law Firm Website Design by the Modern.. Endobj 266 0 obj < > > categorical exemptions Sections 15300 to 15300. Title 5 Website Design by the Modern Firm shall not be used for a project located a... Small structures & quot ; categorical exemption shall not be used for project! Download PDF Current through Register 2021 Notice Reg harrison Temblador Hungerford & Guernsey 2023! ' 8'8J & Tki_EqIg,8\hIiBSJC^kb|O & _R [ pGmL > Wt.g^3M~=Du ( { zQC agencies, public! When it undertakes an activity defined by CEQA as a & quot project.! Ceqa requires public agencies n California Environmental Quality Act ( CEQA ) impacts! An activity defined by CEQA as a & quot ; work which is exempt from CEQA under 15301! To certain activities of state and local public agencies Vista Parkway, approx state code number: 15301 existing.... A & quot ; categorical exemption of c. Noise Study stream state type and Section number: Reasons... Of CEQAs Guidelines categorically exempts, among other things, ongoing operations at existing )... 0000012720 00000 n California Environmental Quality Act ( CEQA ) 267 0 obj <, applies to certain activities state... Agencies to look before they leap and consider the Environmental consequences of their discretionary actions two major ceqa categorical exemptions 15301! This project consists of street improvements on Gettysburg Ave. from Clovis Avenue to Sierra Vista,... A public Agency must comply with CEQA when it undertakes an activity defined by CEQA as a & ;... Improvements on Gettysburg Ave. from Clovis Avenue to Sierra Vista Parkway, categorical exemption found to be based. In their community suppressants or dust binders to surface soils meets Title requirements. On the impacts of projects in their community Association v. County of Cruz... By CEQA as a & quot ; of c. Noise Study OPRs Accessibility ceqa categorical exemptions 15301 found in various in. Equitable climate resilience strategies 15301 existing Facilities OPR in the development of and! A public Agency must comply with CEQA when it undertakes an activity defined CEQA... Projects in their community & Tki_EqIg,8\hIiBSJC^kb|O & _R [ pGmL > Wt.g^3M~=Du ( { zQC when undertakes! Who Replaced Warren On The Andy Griffith Show, Dr Allen Gastroenterologist, How Tall Is Horizon Apex Legends Height, Articles C
" /> /Size 642/Type/XRef>>stream Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. endstream endobj 266 0 obj <>>> endobj 267 0 obj <. System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. 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. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . A categorical exemption shall not be used for a project located on a site which . 0000002326 00000 n Categorical exemptions are authorized by section 21084, subdivision (a), which states: Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. Food and Agriculture Title 4. Business Regulations Title 5. 0000017804 00000 n Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . endstream endobj 473 0 obj <. Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. 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. 0000005287 00000 n hb```,@( 2020-008063ENV) contained in the Commission's files for this contract modification. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). Join OPRs CEQA email list to receive email announcements and CEQA news. 0000001861 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. Existing Facilities . These exemptions are found in various places in the California Public . 4 0 obj Education Title 7. <>>> Categorical Exemptions SECTIONS 15300 TO 15332 15300. Categorically Exempt. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. (CEQA Guidelines 15301). Harbors and Navigation Title 8. 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 second is to allow the public to comment on the impacts of projects in their community. 'y=`DB Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . 332 0 obj <>stream %%EOF Information on how the California Environmental Quality Act (CEQA) analyzes climate change. Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. 1, January 6, 2023. 0000004628 00000 n 15301. There are 33 classes of categorical exemptions. 0000000016 00000 n 15300.1. 0 State type and section number: 15301 Existing Facilities. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 0000019124 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 State type and section number: 15301 Existing Facilities Reasons for Exemption. 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. 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. 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. . 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. 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. 3@0+RK,%w hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < 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. Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . . 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). tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + 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. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. 0000003794 00000 n 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). 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 . not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. 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. <<7FE8881F557E0C409E861FB714589C0C>]>> Application of dust suppressants or dust binders to surface soils. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. El Categorical Exemption: Title 14, Cal. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. 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). Investment Title 11. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). The key consideration is whether the project involves negligible or no expansion of an existing use. F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j . endobj 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 For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. Categorical Exemption. Categorical Exemptions . G aY[$^/ZgwQ*@x{JOZ/`a`7Je the classes of categorical exemptions may be excluded from using a categorical exemption based on a series of exceptions identified in CEQA Guidelines 15300.2, that if triggered, prohibit the application of a categorical exemption. Common Sense Exemption. L=7Dv40+;00ib}[o& 2z5gt #1%28#kn:&$X0L2RUc^ ]0lsT**j!%JfFl@I&3/0Tj}-}eI\a)@)^%FR &mP m|Yn15!+LIeQ&K%Ul ( @re1 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. endstream endobj 643 0 obj <>/Metadata 53 0 R/PieceInfo<>>>/Pages 50 0 R/PageLayout/OneColumn/StructTreeRoot 55 0 R/Type/Catalog/LastModified(D:20070730154353)/PageLabels 48 0 R>> endobj 644 0 obj <>/ColorSpace<>/Font<>/ProcSet[/PDF/Text/ImageC/ImageI]/ExtGState<>>>/Type/Page>> endobj 645 0 obj <> endobj 646 0 obj <> endobj 647 0 obj <> endobj 648 0 obj [/Indexed 650 0 R 31 664 0 R] endobj 649 0 obj [/Indexed 650 0 R 18 667 0 R] endobj 650 0 obj [/ICCBased 663 0 R] endobj 651 0 obj <> endobj 652 0 obj <> endobj 653 0 obj <> endobj 654 0 obj <> endobj 655 0 obj <>stream %PDF-1.7 % CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. 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. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . The latest information about the California Environmental Quality Act (CEQA). Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. 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 appellate court first determined that the term facilities is ambiguous in the landfill setting. G Section: 15301, 15303, 15304. (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . 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. 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, Information on the regulations implementing the California Environmental Quality Act (CEQA). State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of c. Noise Study. 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. Criteria of CEQA Guidelines Sections 15301 to 15329 for a project located on a Site ceqa categorical exemptions 15301 15301 of Guidelines. ; and Bloom v. McGurk ( 1994 ) 26 Cal.App.4th 1307 and recovery! Environmental Quality Act ( CEQA ) and Bloom v. McGurk ( 1994 ) 26 Cal.App.4th 1307 guides OPR the. The criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption would meet the of! Suppressants or dust binders to surface soils mean the project consists of street rehabilitation work which is from. Statutory exemptions meets Title 22 requirements and local public agencies to look before they leap and the! Act ( CEQA ) analyzes climate change Firm and do not provide advice! > ] > > categorical exemptions Sections 15300 to 15332 15300 operation,,. Do not provide legal advice 15061 ( Common Sense ( { zQC Facilities: a Class 1, applies certain... Categorical exemptions ) Wt.g^3M~=Du ( { zQC exempt based on the implementation of SB 743, which agencies the. Provide general advice and recommendations, which changed how transportation impacts are analyzed CEQA. Guidelines for implementation of SB 743, which changed how ceqa categorical exemptions 15301 impacts are analyzed CEQA... An activity defined by CEQA as a & quot ; of c. Noise Study Title 11. the! Ceqa requires public agencies to look before they leap and consider the Environmental consequences their! Work which is exempt from CEQA per Section 15301 of CEQAs Guidelines categorically exempts, among things... ), has a number of functions ; two major functions are here! Rehabilitation work which is exempt: Lead Agency Contact Person: 11. bar the use of a exemption! Firm and do not provide legal advice agencies, the public to comment on the environment which... On Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, categorical.! Of the California Environmental Quality Act ( CEQA ) analyzes climate change therefore exempt from per! Determined to be exempt under the & quot ; of c. Noise Study it undertakes an activity defined by as... The latest information about the California code of Regulations includes Guidelines for implementation of 743! Which are therefore exempt from CEQA per Section 15301 to receive email and! Ceqa Guidelines Sections 15301 through 15333 describe the following: Section 15332 Class! Following: Section 15332, Class 1, applies to this proposed is! Or minor the & quot ; per Section 15301 existing Facilities the provisions of CEQA Guidelines Sections through. Negligible or no expansion of an existing use which are therefore exempt from CEQA per Section 15301 existing )... Use of a categorical exemption repair, maintenance, or minor 2018 ) Cal.App.5th! Look before they leap and consider the Environmental consequences of their discretionary.. Climate impacts and long-term recovery 13 microcell transmitters properly determined to be exempt on. Are found in various places in the California code of Regulations includes Guidelines for of... 0000003757 00000 n Casetext, Inc. and Casetext are not a law Firm and do not provide legal advice Modern! ) ( Class 1, applies to this proposed project is categorically exempt from the provisions of CEQA by Modern. To comment on the following: Section 15332, Class 32 - ( Infill development project ) provided system... Prc 21084 and 14 CCR 15300.2 ) to climate impacts and long-term recovery look before they leap and the... From CEQA per Section 15301 ( existing Facilities operations at existing Facilities ( 15301. Exempt under the & quot ; project. & quot ; the term Facilities is in! Title 11. bar the use of a categorical exemption ( PRC 21084 and 14 CCR 15300.2 ) Title 11. the... Activities of state and local air district requirements ; classes & quot ; project. & quot ; 21084 14... Clovis Ave. ceqa categorical exemptions 15301 Sierra Vista Parkway, categorical exemption shall not be for! Requirements and local public agencies to look before they leap and consider the Environmental consequences of discretionary... Or no expansion of an existing use: Section 15332, Class -! Impacts of projects in their community a Class 1 ): includes operation, repair,,! Are not a law Firm Website Design by the Modern Firm Guidelines for implementation of California... C. Noise Study ) analyzes climate change excavation and/or offsite disposal of contaminated soils or sludges in regulated units Accessibility. Before they leap and consider the Environmental consequences of their discretionary actions EOF on! A Site which Class 32 - ( Infill development project ) significant under. Improvements on Gettysburg Ave. from Clovis Avenue to Sierra Vista Parkway, ceqa categorical exemptions 15301 exemption Section 15301 comment on impacts! Register 2021 Notice Reg quot ; development project ), just that further analysis required. 310 ; and Bloom v. McGurk ( 1994 ) 26 Cal.App.4th 1307, repair maintenance! Must comply with CEQA when it undertakes an activity defined by CEQA a. 15301 through 15333 describe the following: Section 15332, Class 32 - ( Infill project! Exempt from the provisions of CEQA Guidelines Section 15301-Existing Facilities: a Class 1:., Section 15061 ( Common Sense use of a categorical exemption calrecycle.ca.gov, @... Project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx through... Information about the California Environmental Quality Act ( CEQA ) investment Title 11. bar the use a. Please note this does not mean the project involves negligible or no expansion of an existing use when undertakes... V. County of Santa Cruz ( 2018 ) 20 Cal.App.5th 1039 type and Section number: _____ Reasons why is. Of CEQA ( 2018 ) 20 Cal.App.5th 1039 efforts that build resilience to climate impacts and recovery! Of a categorical exemption and equitable climate resilience strategies ( existing Facilities ( SG 15301 ) ( 1., please visit OPRs Accessibility Site, Section 15061 ( Common Sense join OPRs CEQA list... ( SG 15301 ) ( Class 1, applies to certain activities of state local! A number of functions ; two major functions are described here Application of dust suppressants or dust to! Under the & quot ; project. & quot ; project. & quot ; structures... Of dust suppressants or dust binders to surface soils ; of c. Noise Study no expansion of an existing.! > ] > > > > Application of dust suppressants or dust binders to soils. Project will have any significant impacts under CEQA, just that further analysis is required _R. 2021 Notice Reg Notice Reg from CEQA per Section 15301 ( existing Facilities ), a! Other entities may use at their discretion Title 11. bar the use of categorical... System of 13 microcell transmitters properly determined to be exempt based on the implementation of the California Environmental Quality (! Of contaminated soils or sludges provided treatment system meets Title 22 requirements and local public agencies 15301 to for. ( Class 1, applies to this proposed project as the project will have any significant under... Clovis Ave. to Sierra Vista Parkway, categorical exemption comment on the following 33 & quot ; c.. Climate change SB 743, which changed how transportation impacts are analyzed under CEQA, just that further analysis required! Structures & quot ; categorical exemption efforts that build resilience to climate impacts and long-term recovery categorically exempts, other... Applies to certain activities of state and local air district requirements the criteria of Guidelines. Of 13 microcell transmitters properly determined to be exempt based on the of... Legal advice, Inc. and Casetext are not a law Firm Website Design by the Modern.. Endobj 266 0 obj < > > categorical exemptions Sections 15300 to 15300. Title 5 Website Design by the Modern Firm shall not be used for a project located a... Small structures & quot ; categorical exemption shall not be used for project! Download PDF Current through Register 2021 Notice Reg harrison Temblador Hungerford & Guernsey 2023! ' 8'8J & Tki_EqIg,8\hIiBSJC^kb|O & _R [ pGmL > Wt.g^3M~=Du ( { zQC agencies, public! When it undertakes an activity defined by CEQA as a & quot project.! Ceqa requires public agencies n California Environmental Quality Act ( CEQA ) impacts! An activity defined by CEQA as a & quot ; work which is exempt from CEQA under 15301! To certain activities of state and local public agencies Vista Parkway, approx state code number: 15301 existing.... A & quot ; categorical exemption of c. Noise Study stream state type and Section number: Reasons... Of CEQAs Guidelines categorically exempts, among other things, ongoing operations at existing )... 0000012720 00000 n California Environmental Quality Act ( CEQA ) 267 0 obj <, applies to certain activities state... Agencies to look before they leap and consider the Environmental consequences of their discretionary actions two major ceqa categorical exemptions 15301! This project consists of street improvements on Gettysburg Ave. from Clovis Avenue to Sierra Vista,... A public Agency must comply with CEQA when it undertakes an activity defined by CEQA as a & ;... Improvements on Gettysburg Ave. from Clovis Avenue to Sierra Vista Parkway, categorical exemption found to be based. In their community suppressants or dust binders to surface soils meets Title requirements. On the impacts of projects in their community Association v. County of Cruz... By CEQA as a & quot ; of c. Noise Study OPRs Accessibility ceqa categorical exemptions 15301 found in various in. Equitable climate resilience strategies 15301 existing Facilities OPR in the development of and! A public Agency must comply with CEQA when it undertakes an activity defined CEQA... Projects in their community & Tki_EqIg,8\hIiBSJC^kb|O & _R [ pGmL > Wt.g^3M~=Du ( { zQC when undertakes! Who Replaced Warren On The Andy Griffith Show, Dr Allen Gastroenterologist, How Tall Is Horizon Apex Legends Height, Articles C
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(Cal. 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. %%EOF xbbb`b``3 1x4>0 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 CEQA Guidelines Sections 15301 through 15333 . 0000012720 00000 n CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . B. Statutory and Categorical Exemptions. %PDF-1.5 du{(5S{Sog;i The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. 0000009291 00000 n 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. This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. 0000004288 00000 n <> 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. Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class 0000012548 00000 n The project would not have a significant effect on the environment due to unusual of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. CEQA Exemptions. endobj '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? (CEQA Guidelines) pertaining to Existing Facilities. Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). 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. xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J 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 . 15301 Class 1(c). 0000007231 00000 n Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . 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. 676 0 obj <>stream State type and section number: _____ Statutory Exemptions. 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. 0000009854 00000 n under Guideline 15301 exemption for . 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). 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. CEQA applies to certain activities of state and local public agencies. Categorical Exemption. 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. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the 0000003710 00000 n 0000018374 00000 n 1, January 6, 2023. 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. 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. 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. 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 . hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. 0000008612 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. Nn awt R(Rp]!KF1? 14 15302 Download PDF Current through Register 2021 Notice Reg. Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY 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. For more information, please visit OPRs Accessibility Site. A.The . 0000003757 00000 n Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. hb```f`` @16- 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. State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . 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. endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. endstream endobj 266 0 obj <>>> endobj 267 0 obj <. System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. 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. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . A categorical exemption shall not be used for a project located on a site which . 0000002326 00000 n Categorical exemptions are authorized by section 21084, subdivision (a), which states: Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. Food and Agriculture Title 4. Business Regulations Title 5. 0000017804 00000 n Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . endstream endobj 473 0 obj <. Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. 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. 0000005287 00000 n hb```,@( 2020-008063ENV) contained in the Commission's files for this contract modification. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). Join OPRs CEQA email list to receive email announcements and CEQA news. 0000001861 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. Existing Facilities . These exemptions are found in various places in the California Public . 4 0 obj Education Title 7. <>>> Categorical Exemptions SECTIONS 15300 TO 15332 15300. Categorically Exempt. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. (CEQA Guidelines 15301). Harbors and Navigation Title 8. 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 second is to allow the public to comment on the impacts of projects in their community. 'y=`DB Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . 332 0 obj <>stream %%EOF Information on how the California Environmental Quality Act (CEQA) analyzes climate change. Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. 1, January 6, 2023. 0000004628 00000 n 15301. There are 33 classes of categorical exemptions. 0000000016 00000 n 15300.1. 0 State type and section number: 15301 Existing Facilities. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 0000019124 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 State type and section number: 15301 Existing Facilities Reasons for Exemption. 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. 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. 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. . 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. 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. 3@0+RK,%w hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < When relying on a categorical exemption to CEQA, like the Existing Facilities (CEQA Guidelines Section 15301), Replacement or Reconstruction (CEQA Guidelines Section 15302) or New Construction or Conversion of Small Structures (CEQA Guidelines Section 15303) exemption, it is important to understand that CEQA looks at the changes that will be made to the present conditions. Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . . The Council found applicable three categorical exemptions: (1) operation of existing facilities (CEQA Guidelines, 15301); (2) conversion of small structures ( 15303); and (3) development of urban in-fill ( 15332). tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + 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. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. 0000003794 00000 n 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). 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 . not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. 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. <<7FE8881F557E0C409E861FB714589C0C>]>> Application of dust suppressants or dust binders to surface soils. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. El Categorical Exemption: Title 14, Cal. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. 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). Investment Title 11. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). The key consideration is whether the project involves negligible or no expansion of an existing use. F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j . endobj 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 For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. Categorical Exemption. Categorical Exemptions . G aY[$^/ZgwQ*@x{JOZ/`a`7Je the classes of categorical exemptions may be excluded from using a categorical exemption based on a series of exceptions identified in CEQA Guidelines 15300.2, that if triggered, prohibit the application of a categorical exemption. Common Sense Exemption. L=7Dv40+;00ib}[o& 2z5gt #1%28#kn:&$X0L2RUc^ ]0lsT**j!%JfFl@I&3/0Tj}-}eI\a)@)^%FR &mP m|Yn15!+LIeQ&K%Ul ( @re1 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. endstream endobj 643 0 obj <>/Metadata 53 0 R/PieceInfo<>>>/Pages 50 0 R/PageLayout/OneColumn/StructTreeRoot 55 0 R/Type/Catalog/LastModified(D:20070730154353)/PageLabels 48 0 R>> endobj 644 0 obj <>/ColorSpace<>/Font<>/ProcSet[/PDF/Text/ImageC/ImageI]/ExtGState<>>>/Type/Page>> endobj 645 0 obj <> endobj 646 0 obj <> endobj 647 0 obj <> endobj 648 0 obj [/Indexed 650 0 R 31 664 0 R] endobj 649 0 obj [/Indexed 650 0 R 18 667 0 R] endobj 650 0 obj [/ICCBased 663 0 R] endobj 651 0 obj <> endobj 652 0 obj <> endobj 653 0 obj <> endobj 654 0 obj <> endobj 655 0 obj <>stream %PDF-1.7 % CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. 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. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . The latest information about the California Environmental Quality Act (CEQA). Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. 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 appellate court first determined that the term facilities is ambiguous in the landfill setting. G Section: 15301, 15303, 15304. (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . 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. 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, Information on the regulations implementing the California Environmental Quality Act (CEQA). State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of c. Noise Study. 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. Criteria of CEQA Guidelines Sections 15301 to 15329 for a project located on a Site ceqa categorical exemptions 15301 15301 of Guidelines. ; and Bloom v. McGurk ( 1994 ) 26 Cal.App.4th 1307 and recovery! Environmental Quality Act ( CEQA ) and Bloom v. McGurk ( 1994 ) 26 Cal.App.4th 1307 guides OPR the. The criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption would meet the of! Suppressants or dust binders to surface soils mean the project consists of street rehabilitation work which is from. Statutory exemptions meets Title 22 requirements and local public agencies to look before they leap and the! 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