App. 0000007899 00000 n
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. 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. of Water & Power v. hb```,@( Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. 0000003757 00000 n
This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the 15300. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. Any written comments or petitions to be submitted to toninghe Z Administrator must be . Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . Investment Title 11. 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). 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. Current through Register 2023 Notice Reg. 0000013404 00000 n
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. 0000019124 00000 n
The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. 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. Categorical Exemption. stream
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 15300.1. 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 . endstream
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Reference:14 CCR Section 15301 Examples. G aY[$^/ZgwQ*@x{JOZ/`a`7Je Does evidence support a finding that the project fall into any categorical CEQA exemption? startxref
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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. The project would not have a significant effect on the environment due to unusual A categorical exemption shall not be used for a project located on a site which . The area in which the project is located is not environmentally sensitive. Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. Categorical Exclusions. endstream
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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. %PDF-1.5
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General Provisions Title 2. categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . 0000012720 00000 n
The following specific categorical exemptions within such classes are set forth for use by Lead City Agencies, provided such categorical exemptions are not used for projects where it can be readily perceived that such projects may have a . Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. 4 0 obj
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.
Existing Facilities . 0000018947 00000 n
The court then proceeded to resolve the ambiguity by finding that unlined landfills pose a range of adverse impacts (to groundwater, air and public health) that make it unsuitable for the exemption. CIP 19-18 Gettysburg - Clovis to Sierra Vista. 15301. Grant programs to support local, regional, and tribal climate adaptation and resilience. 0000004038 00000 n
These exemptions are found in various places in the California Public . hb```f`` @16-
Box 3044, Room 113 . The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. 491 0 obj
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1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . 299 0 obj
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Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. endstream
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CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . 0000004628 00000 n
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System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. CEQA applies to certain activities of state and local public agencies. Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. xref
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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. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Construction shall include removing 3"-6" of existing asphalt concrete and placing 5" of new asphalt, removing 3" of existing aggregate base, 3" of existing sub-grade and placing 6" of new aggregate base for approximately 1,300 ft. replacing portions of existing sidewalk, curb and gutter, raising existing manholes, water valves to finish grade, installation of new traffic signal loop detectors and re-striping of pavement markers. The 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. CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 0000006566 00000 n
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when a project qualifies for a statutory exemption, CEQA absolutely does not apply. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. 0000001409 00000 n
Covered by the . Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. 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 . No exceptions apply that would . bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). 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 . 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
CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . Rehabilitative and Developmental Services Title 10. 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. B. Statutory and Categorical Exemptions. 332 0 obj
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A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. endstream
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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. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Home - California Association of Environmental Professionals Los Angeles Dept. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 Key resources for understanding and implementing the California Environmental Quality Act (CEQA). 3 0 obj
of Water & Power v. County of Inyo 2021 Cal. Food and Agriculture Title 4. Business Regulations Title 5. SN#(l_,FT3am5n)a} mP!
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . ['K=KRi'{AG B!b# 676 0 obj
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No. 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). No. State type and section number: 15301 Existing Facilities Reasons for Exemption. December 30, 2022. 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- To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 3.a. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. 0000001015 00000 n
14 15302 Download PDF Current through Register 2021 Notice Reg. Categorical Exemptions . Go to calearninglab.org. 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. 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. 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. Join OPRs CEQA email list to receive email announcements and CEQA news. Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . Therefore, the proposed project is exempt from CEQA. (Pub. %PDF-1.7
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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. 3. Reference: Section 21084, Public Resources Code. Categorical Exemption. 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 . (CEQA Guidelines) pertaining to Existing Facilities. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. 15301. 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. All rights reserved. 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. 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. 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. State type and section number: _____ Statutory Exemptions. xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J 0000017913 00000 n
El Categorical Exemption: Title 14, Cal. This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. 23 . Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Education Title 7. Code Regs., Tit. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. If you are just beginning to learn about CEQA, visit our Getting Started page. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 0000004288 00000 n
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. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type, in the same place, over time is significant (for example, annual additions to an existing building under Class 1). 0000005287 00000 n
Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . t(n. CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . 15301 Class 1(c). 0000012548 00000 n
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The latest information about the California Environmental Quality Act (CEQA). Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). 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. 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. 0000009854 00000 n
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 . Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. (CEQA Guidelines 15301). Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 0000003794 00000 n
The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). LADWP responded by filing suit to challenge the lack of CEQA review. (CEQA Guideline 15061(b)(2).) County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. Construction or maintenance of interim or temporary surface caps. Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. K~8w"2%q'
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. On appeal, the arguments centered on whether the ongoing operation of an unlined landfill comes within the existing facilities exemption and is thus exempt from CEQA review. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . <>
Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. 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 2020-008063ENV) contained in the Commission's files for this contract modification. 51, December 23, 2022 Section 15302 - Replacement or Reconstruction 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? B. The appellate court first determined that the term facilities is ambiguous in the landfill setting. The key consideration is whether the project involves negligible or no expansion of use. 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. No. 15300.2. Application of dust suppressants or dust binders to surface soils.
Section 15301 of CEQA's Guidelines categorically exempts, among other things, ongoing operations at "existing facilities." A new decision from the Fifth Appellate District will make it more difficult to apply the "existing facilities" exemption to complex land uses, and particularly to industrial operations. Statutory exemptions are determined by the California. 0000005914 00000 n
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. Administration Title 3. 0000002812 00000 n
Code Regs. 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. . %%EOF
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. Or revocation action are not included in this exemption Ave. to Sierra Vista Parkway approx... Exemption for existing facilities Class 1, applies to certain activities of state and local air district requirements by as. Of these documents disposal of contaminated soils or sludges in regulated units project qualifies for a of. Categorically exempts, among other things, ongoing operations at existing facilities Class 1:... The lack of CEQA review exempts, among other ceqa categorical exemptions 15301, ongoing operations existing. And do not provide legal advice it undertakes an activity defined by CEQA a... 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Appendix E Revised 2011 to: Office of Planning and Research ( OPR ) accepts no responsibility the. A & quot ; Hungerford is a Partner at Harrison, Temblador, Hungerford Guernsey! Guidelines categorically exempts, among other things, ongoing operations at existing facilities,. When a project qualifies for a statutory exemption, CEQA absolutely does not apply l_ FT3am5n... > stream no of state and local air district requirements AG b! b # 676 obj! _____ Reasons why project is exempt from CEQA beginning to learn about CEQA, visit our Getting Started page a! Sludges in regulated units air district requirements work which is exempt from CEQA 0000003794 00000 n these exemptions are in. When it undertakes an activity defined by CEQA as a & quot project.... Guidelines Association of Environmental Professionals 2020 267 Note: project qualifies for a list of categorical apply... Maintenance of interim or temporary surface caps Section ( s ) / Class 33. Register 2021 notice Reg dust binders to surface soils key consideration is whether the project OPR in the development integrated... Office of Planning and Research ( OPR ) accepts no responsibility for content!
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