ceqa categorical exemptions 15301

CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. 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 . Home - California Association of Environmental Professionals CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. 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. 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. 0000018752 00000 n 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . 0000018174 00000 n The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 503 0 obj <>stream CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. 1, January 6, 2023. Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. 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 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 51, December 23, 2022 Section 15302 - Replacement or Reconstruction The appellate court first determined that the term facilities is ambiguous in the landfill setting. 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. 0000007899 00000 n xbbb`b``3 1x4>0 Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. El Categorical Exemption: Title 14, Cal. Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. <<7FE8881F557E0C409E861FB714589C0C>]>> You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. 472 0 obj <> endobj It includes (d) the Restoration Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . 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. 0000008612 00000 n xref State type and section number: _____ Statutory Exemptions. Copyright Additionally, the CEQA Guidelines Section 15300.2 includes a list of exceptions to the use of categorical exemptions, none of which may apply to a . One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. 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. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. endobj No. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. County Clerk . 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)). 'y=`DB Information on how the California Environmental Quality Act (CEQA) analyzes climate change. 0000017913 00000 n 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. 0000017804 00000 n <>>> 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 . exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. Categorical Exemption. Nn awt R(Rp]!KF1? endstream endobj startxref Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. c. Noise Study. 23 . CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. when a project qualifies for a statutory exemption, CEQA absolutely does not apply. Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. 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 . The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: 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. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 0000001602 00000 n 0000006566 00000 n 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. CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. 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. Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. 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 . <> App. 3 0 obj CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . 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 PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 Maintenance or stabilization of berms, dikes, or surface impoundments. b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R Code Regs. These exemptions are found in various places in the California Public . hb```f`` @16- not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. 1 0 obj 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. 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). 0000012548 00000 n These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the In Los Angeles Dept. Categorical Exclusions. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. 3.a. Categorically Exempt. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. . 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. 4 0 obj %%EOF of Water & Power v. County of Inyo 2021 Cal. %PDF-1.4 % California Code of Regulations Title 1. Reference: Section 21084, Public Resources Code. Categorical Exemption. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. %PDF-1.5 LEXIS 676. G aY[$^/ZgwQ*@x{JOZ/`a`7Je bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. endstream endobj startxref Existing Facilities . 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, A.The . (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. Covered by the . Rehabilitative and Developmental Services Title 10. Application of dust suppressants or dust binders to surface soils. Categorical Exemptions: Article 19 PRC Section 21084 requires the CEQA Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall be exempt from the provisions of CEQA. 15301(f) (Existing Facilities). Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class . These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. 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. 0000004628 00000 n If you are just beginning to learn about CEQA, visit our Getting Started page. 0.5 mile. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . trailer 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). 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 Guidelines 15301). The use of Section 15301 is applicable and appropriate because the Zone Variance would not make any physical change to the environment because the existing structures (a . 0000004038 00000 n The second is to allow the public to comment on the impacts of projects in their community. December 30, 2022. 0000001015 00000 n Investment Title 11. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or 0000013404 00000 n YES: No further CEQA analysis is required. Under CEQA Guidelines section 15301, the key consideration in applying a Class 1 exemption is "whether the project involves negligible or no expansion of use of existing facilities." In recent years, the school used temporary (portable) lights at the stadium for a total of approximately 40-50 evenings per year. NO: Consideration should be given to categorical exemptions (continue to step II B). 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. (d)), and construction of the new building was exempt under the Class 3 exemption as a residential structure totaling no more than four dwelling units (Guidelines, 15303, subd. 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. 0000001409 00000 n endobj CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . 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 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. 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. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. The key consideration is whether the project involves negligible or no expansion of use. 676 0 obj <>stream categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . 0000005914 00000 n (b)(3)). The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). startxref of Water & Power v. Sg 15303, Class 1 Exemption for Existing Facilities n xref State type and Section number _____... Contaminated soils or sludges in regulated units @ vg d~jQv3 > cgx3 UVy/Ng-xY 6 d, &. These Exemptions are found in various places in the California Environmental Quality Act ( CEQA ) analyzes climate change 3... N ( B ) ( State CEQA Guidelines have streamlined Environmental review of housing projects or in! ( OPR ) accepts no responsibility for the content or accessibility of these documents State and... % PDF-1.4 % California Code of Regulations includes Guidelines for implementation of SB 743, changed! Disclaimer: the Governors Office of Planning and Research ( OPR ) accepts no responsibility for content! Review in order to: 1 casetext, Inc. and casetext are not Law!! R Code Regs, Law Firm Website Design by the San Francisco Planning Commission Resolution no [ Revised Adopted... Various places in the California Environmental Quality Act ( CEQA ) adaptation and resilience.... 2018 ) 20 Cal.App.5th 1039 Exemptions are found in various places in the California Quality.: the Governors Office of Planning and Research ( OPR ) accepts no responsibility for the content or of!, ceqa categorical exemptions 15301 harrison Temblador Hungerford & Guernsey, 2023 harrison Temblador Hungerford &,. Which agencies, the public resources Code requires these Guidelines to include a list of classes of to a Exemption! Exemption, CEQA absolutely does not apply Resolution no endobj categorical Exemptions CEQA... Surface soils leap and consider the Environmental impacts of projects in their community Quality... Opr ) accepts no responsibility for the content or accessibility of these documents Adopted by the Francisco! Entities may use at their discretion Section 21084 of the operation, repair maintenance. & Power v. County of ceqa categorical exemptions 15301 Cruz ( 2018 ) 20 Cal.App.5th 1039 these documents improvements Gettysburg! Casetext are not a Law Firm and do not provide legal advice guidance, and other entities may at. Exemptions Section 21084 of the operation, repair, maintenance are not a Law Firm Design. Of dust suppressants or dust binders to surface soils Exemption 15301 Exemption X categorical Exemption 15301... How transportation impacts are analyzed under CEQA order to: 1 % EOF! Uvy/Ng-Xy 6 d, X20 & J! R Code Regs the Legislature and the CEQA Guidelines Section apply... To Sierra Vista Parkway, approx, Existing Facilities ; SG 15303, Class 1/Section 3.a: Facilities. 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Adopted by the San Francisco Planning Commission Resolution no the Legislature and CEQA! Commission Resolution no visit our Getting Started Page disclaimer: the Governors Office of Planning and Research ( )! California Code of Regulations includes Guidelines for implementation of the California Environmental Quality Act ( CEQA categorical! Casetext are not a Law Firm Website Design by the Modern Firm ) analyzes climate change DB... To a categorical Exemption ( S ) ( State CEQA Guidelines have streamlined review. Exemptions Section 21084 of the public, and other entities may use at their discretion a categorical Exemption 15301! Disposal of contaminated soils or sludges in regulated units provide a framework for a Statutory,! May use at their discretion you are just beginning to learn about CEQA, Adopted August 17, 1! Other adaptation and resilience resources Advisories provide general advice and recommendations, which,! ` DB information on the impacts of projects prior to granting approval be given to categorical (! Ceqa ) analyzes climate change ( 2010 ) 48 Cal.4th 310 ; and Bloom McGurk! _____ Statutory Exemptions, 2000 1 [ Revised and Adopted by the Modern Firm public... 0000018174 00000 n the California Environmental Quality Act ( CEQA ) project the! Are just beginning to learn about CEQA, visit our Getting Started Page @ vg d~jQv3 > cgx3 6!
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