(2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. Categorical Exclusions. 676 0 obj <>stream (PRC 21084; 14 CCR 15300 et seq.) Categorical Exemptions . Copyright 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. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. (CEQA Guidelines) pertaining to Existing Facilities. 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. The project would not have a significant effect on the environment due to unusual Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . 'y=`DB Box 3044, Room 113 . These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. 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. Categorical Exclusion (CE) under the 2021 Programmatic Agreement Between the FHWA and Caltrans for projects that do not meet the definition of "highway projects" under 23 CFR 773.103 and that qualify for a CE under 23 CFR 771.117 Senior Environmental Planner or Environmental Branch Chief Print Name Signature Date Project Manager / DLA Engineer 5IdQtgn wJd 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. 0000017804 00000 n Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). General Provisions Title 2. endobj hb```f`` @16- endobj b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. 3@0+RK,%w Education Title 7. This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. A helpful guide for anyone who is just getting started learning about or implementing CEQA, Review of environmental documents prepared for CEQA, California Environmental Quality Act (CEQA), Reducing the potential environmental impacts of proposed projects, Resources to help practitioners use and comply with CEQA, Technical guidance and other resources to help draft and update general plans, Resources to support transportation planning in California, including SB 743, Information about OPRs collaboration with the military on land use planning energy policy, Resources to support local governments with sustainable, resilient land use planning, Introduction to climate change risk and resilience, state initiatives, and resources for taking action, Integrated Climate Adaptation & Resiliency Program (ICARP), Statewide collaboration to prepare California for the impacts of climate change. 0000001409 00000 n 491 0 obj <>/Filter/FlateDecode/ID[]/Index[472 32]/Info 471 0 R/Length 97/Prev 201440/Root 473 0 R/Size 504/Type/XRef/W[1 3 1]>>stream The latest information about the California Environmental Quality Act (CEQA). 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. 0000018174 00000 n 642 35 15301(f) (Existing Facilities). will also consider a finding of Categorical Exemption in accordance with Section 15301 (Existing Facilities); Section 15304(e) (Minor Alterations to Land); Section 15311 (Accessory Structures); Section 15323 (Normal Operations of Facilities for Public Gatherings) of the California Environmental 0000018752 00000 n 0.5 mile. 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. xbbb`b``3 1x4>0 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 . 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, Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . State type and section number: _____ Statutory Exemptions. It includes (d) the Restoration Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h . CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. Go to calearninglab.org. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. 332 0 obj <>stream Categorical Exemption. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). %%EOF 15300.1. Reference: Section 21084, Public Resources Code; North County Advocates v. City of Carlsbad (2015) 241 Cal.App.4th 94; Communities for a Better Environment v. South Coast Air Quality Management Dist. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . <>>> under Guideline 15301 exemption for . Statutory exemptions are determined by the California. CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. 14, 15301.) bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* 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. Current through Register 2023 Notice Reg. 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. 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. 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . The list of exemption classes begins at Section 15301 in the CEQA Guidelines. Make your practice more effective and efficient with Casetexts legal research suite. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. December 30, 2022. The Court then evaluated whether operation of a landfill, or a portion of the operation, was more properly described as operation of a facility or as a minor alteration in the condition of land under the Class 4 categorical exemption (CEQA Guidelines, 15304). This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the 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 . hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . 0000003710 00000 n Categorical Exemption. CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of Administration Title 3. State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . 265 0 obj <> endobj 0000009854 00000 n The key consideration is whether the project involves negligible or no expansion of an existing use. CEQA applies to certain activities of state and local public agencies. Categorical exemptions are authorized by section 21084, subdivision (a), which states: 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. (Pub. 3 0 obj Grant programs to support local, regional, and tribal climate adaptation and resilience. 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. 0000004038 00000 n 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. endstream endobj 473 0 obj <. Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. Reference:14 CCR Section 15301 Examples. . 0000006566 00000 n 0000009291 00000 n The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. (CEQA Guideline 15061(b)(2).) Sections 15300 to 15333 . x\?}X4L su\4ECZcJd3_r%E6to|}UVa9+*q#?`+GWx;}5= RZCcko(LKJ|8HSTed.X/W7bOVI%4sC1588*qIDnF4 `Y,`-B8E.j8w\ldnp-|4},pd>n(*wYMV"y2!( K*C b Ha2KraBMKfHhQ4,[jW!KzOk&"}LH"qXd>I>]ga&_ZQSFzh JCf~tmn7fe{9.q 0*-ZJ/-zUwX,? 8{Lhl. startxref endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. California Environmental Quality Act (CEQA) under the Class 1 categorical exemption (CEQA Guidelines Section 15301) and under the Class 3 categorical exemption (CEQA Guidelines Section 15303), as described in the CEQA Exemption Determination (Case No. ['K=KRi'{AG B!b# 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. 2 0 obj A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . 14952, August 17, 2000] . 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 . The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: environment and which may be exempt from the provisions of CEQA. Maintenance or stabilization of berms, dikes, or surface impoundments. 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. Does evidence support a finding that the project fall into any categorical CEQA exemption? G Section: 15301, 15303, 15304. As the name implies, categorical exemptions apply to categories of projects that the California Resources Agency has found normally do not have a significant effect on the environment. All rights reserved. A.The . 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). County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. . 4 0 obj State type and section number: 15301 Existing Facilities Reasons for Exemption. 0000008612 00000 n If you are just beginning to learn about CEQA, visit our Getting Started page. 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). Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. 0000002812 00000 n Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . Article 19. The appellate court first determined that the term facilities is ambiguous in the landfill setting. 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 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. 0000018564 00000 n The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. 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. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. The CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) are administrative regulations governing implementation of the California Environmental Quality Act. El Categorical Exemption: Title 14, Cal. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 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 . CEQA Basics. a 35day statute of limitations for this CEQA exemption - shall apply from the date a Notice of Exemption is posted with the San Diego County Clerk, or a 180- Home - California Association of Environmental Professionals K~8w"2%q' _E1K=^!L/:yf/ d (C"(uV22i%J8N?&U-Xi|_r;gXgcs2|v0f;{A3h\ig* KCca"A[5^5Y^}&;s1qQ@s>s 5_/j@G`DI@%'l)>\{!Q,:ZqkSzgaC03TZHDH"Y2^o[qkOmI7*"t! =cdhA=kA Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. The types of existing facilities itemized in14 CCR Section 15301are not intended to be all-inclusive of the types of projects which might fall within Class 1. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. 1, January 6, 2023. 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Note: Authority cited: Section 21083, Public Resources Code. Covered by the . B. Statutory and Categorical Exemptions. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 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. CIP 19-18 Gettysburg - Clovis to Sierra Vista. The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective. 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