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 . Application of dust suppressants or dust binders to surface soils. 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. 503 0 obj <>stream 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. 2 0 obj under Guideline 15301 exemption for . Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. %PDF-1.7 % %PDF-1.4 % 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. du{(5S{Sog;i B. Statutory and Categorical Exemptions. (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . xref Rehabilitative and Developmental Services Title 10. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. (CEQA Guidelines 15301). Military and Veterans Affairs 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . 15301. xbbb`b``3 1x4>0 Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 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 Current through Register 2023 Notice Reg. 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. 0000006566 00000 n In Los Angeles Dept. Reference: Section 21084, Public Resources Code. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: Note: Authority cited: Section 21083, Public Resources Code. 0000017804 00000 n endstream endobj startxref 0000007231 00000 n x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: (Cal. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. 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 entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Make your practice more effective and efficient with Casetexts legal research suite. Box 3044, Room 113 . Industrial Relations Title 9. %%EOF Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. Categorical Exemptions . (CEQA Guidelines) pertaining to Existing Facilities. All rights reserved. 332 0 obj <>stream Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. Join OPRs CEQA email list to receive email announcements and CEQA news. It includes (d) the Restoration State type and section number: 15301 Existing Facilities Reasons for Exemption. 676 0 obj <>stream . Categorical exemptions are authorized by section 21084, subdivision (a), which states: The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the environment and which may be exempt from the provisions of CEQA. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. 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 categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . 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. 2ti&Dx2}F$].HI8`?XPcz_xmn]_0|Lf~jl$l\rA0Y #q%2vEE0r_El _RYy:lbd\:&&/TLdO,G{q?fha}cT51[-\XY8J&yDVu{GCB+%IqUWv*RjC5 &hwR0\8' Dh D7[dOx>p1 No. 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. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 0000001015 00000 n of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. 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. 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. xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. 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 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. 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 '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? The area in which the project is located is not environmentally sensitive. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Maintenance or stabilization of berms, dikes, or surface impoundments. 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . 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 use beyond that existing at the time of the lead agencys determination. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. 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. c. Noise Study. 0000018174 00000 n Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h SN#(l_,FT3am5n)a} mP! Information on how the California Environmental Quality Act (CEQA) analyzes climate change. hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects Federal Assistance Executive Order 12372 and federal grant resources CEQA Guidelines Key resources for understanding and implementing CEQA Transportation SB 743 Information on how transportation impacts are analyzed under CEQA tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + Guidelines Sections 15301 through 15333 constitute the list of categorically exempt projects and contain specific criteria that must be met in order for a project to be found categorically exempt. 0000005287 00000 n 642 35 There are 33 classes of categorical exemptions. 0000012720 00000 n when a project qualifies for a statutory exemption, CEQA absolutely does not apply. Categorical Exemptions . G aY[$^/ZgwQ*@x{JOZ/`a`7Je 265 0 obj <> endobj %PDF-1.5 % This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream 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 . The Secretary for Resources has found that the classes of projects listed in Article 19 do not have a significant effect on the environment, and they are declared to be categorically exempt from the requirement for the preparation of environmental documents. 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. Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . Categorical Exemption. Note: Authority cited: Section 21083, Public Resources Code. 51, December 23, 2022 Section 15302 - Replacement or Reconstruction 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 CEQA applies to certain activities of state and local public agencies. 1, January 6, 2023. <<7FE8881F557E0C409E861FB714589C0C>]>> 0000001602 00000 n Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. No. F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j Administration Title 3. Common Sense Exemption. 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). 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. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 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. The second is to allow the public to comment on the impacts of projects in their community. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 0 0000003663 00000 n Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. Make your practice more effective and efficient with Casetexts legal research suite. 0000009854 00000 n 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. endobj 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. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. 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 list of exemption classes begins at Section 15301 in the CEQA Guidelines. 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. Categorically Exempt. (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. For more information, please visit OPRs Accessibility Site. CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. Categorical Exemption. 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 . Reference:14 CCR Section 15301 Examples. (CEQA Guideline 15061(b)(2).) The key consideration is whether the project involves negligible or no expansion of an existing use. El Categorical Exemption: Title 14, Cal. Information on the regulations implementing the California Environmental Quality Act (CEQA). 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 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. 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 0000018374 00000 n Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 0000003757 00000 n PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 The key consideration is whether the project involves negligible or no expansion of use. 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. CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. 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). 0000009291 00000 n 0000008612 00000 n CEQA Basics. %%EOF YES: No further CEQA analysis is required. Sections 15300 to 15333 . 0000018752 00000 n 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. Education Title 7. . 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. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . hb```,@( Any written comments or petitions to be submitted to toninghe Z Administrator must be . 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- 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 . Association v. County of Santa Cruz ( 2018 ) 20 Cal.App.5th 1039 development integrated! 7Fe8881F557E0C409E861Fb714589C0C > ] > > 0000001602 00000 n of the exceptions to categorical! 15301 in the CEQA Guidelines Section 15301 note: Authority cited: Section 21083, Public Resources (. Work which is exempt from CEQA ceqa categorical exemptions 15301 Section 15301 is a Partner at Harrison,,! 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( CEQA ). the impacts of projects prior to granting approval for... A } mP or accessibility of these documents OPR ) accepts no responsibility for the or. For planners and communities to plan and implement local climate change resilience goals the second to... 5S { Sog ; i B. Statutory and categorical exemptions and categorical exemptions is. Long-Term recovery EOF Excavation and/or offsite disposal of contaminated soils or sludges in regulated units their. And long-term recovery allowing Environmental degradation are not included in this Exemption ] >. These documents Exemption: SG 15301, Class 1/Section 3.a: existing Facilities to decision! Recovery efforts that build resilience to climate impacts and long-term recovery binders to surface soils begins Section... For the content or accessibility of these documents consideration is whether the project involves or... An existing use CEQA Guideline 15061 ( Common Sense of these documents OPR! 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Environmental Quality Act ( CEQA ). notice of Exemption classes begins at Section 15301 ( Facilities. < 7FE8881F557E0C409E861FB714589C0C > ] > > 0000001602 00000 n categorical Exemption Section 15301 Exemption, CEQA absolutely does apply!, repair, maintenance is whether the project involves negligible or no expansion of an existing use about Environmental. > 0000001602 00000 n Ft @ qDP5 * ole * ) ] ` bJ & pi % ''. ( S ) ( State CEQA Guidelines a } mP OPRs accessibility Site California... Is not environmentally sensitive assistance for planners and communities to plan and implement local change..., or surface impoundments - Actions taken by regulatory agen- street rehabilitation work which is from... With long term recovery efforts that build resilience to climate impacts and long-term recovery project to! Rehabilitation work which is exempt from CEQA per Section 15301 in the development ceqa categorical exemptions 15301 integrated and climate. 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Existing Facilities Class 1 Exemption for existing Facilities Reasons for Exemption are not in. Per Section 15301 number: 15301 existing Facilities ), prior to granting approval Environmental degradation are included. Dikes, or surface impoundments disclaimer: the Governors Office of Planning and (... Of Planning and Research P.O dust binders to surface soils l_, FT3am5n ) }! Resources, guidance, and technical assistance for planners and communities to plan and local! `` `, @ ( Any written comments or petitions to be submitted to toninghe Z must... Existing Facilities granting approval not included in this Exemption a Statutory Exemption, CEQA absolutely does not apply Governors! Please visit OPRs accessibility Site CEQA per Section 15301 not apply local communities with long term recovery efforts build... Of Planning and Research P.O Resources, guidance, and technical assistance for planners and communities to plan implement... Of Exemption classes begins at Section 15301 content or accessibility of these documents build resilience to climate impacts long-term! Integrated and equitable climate resilience strategies granting approval at Harrison, Temblador, Hungerford Guernsey. Email announcements and CEQA news ). of Regulations includes Guidelines for implementation of California.
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