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. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. 332 0 obj <>stream Los Angeles Dept. Code Regs. 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. (CEQA Guideline 15061(b)(2).) 0000012548 00000 n State CEQA Guidelines Sections 15301 through 15333 . categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . 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 type and section number: 15301 Existing Facilities Reasons for Exemption. 0 hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u 0000000016 00000 n Industrial Relations Title 9. Categorical Exclusions. (CEQA Guidelines 15301). 0000004366 00000 n These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. 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. 3@0+RK,%w 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 . bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). startxref %PDF-1.4 % The project would not have a significant effect on the environment due to unusual CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. 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 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . 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. 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, Make your practice more effective and efficient with Casetexts legal research suite. A categorical exemption shall not be used for a project located on a site which . when a project qualifies for a statutory exemption, CEQA absolutely does not apply. Home - California Association of Environmental Professionals 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. 676 0 obj <>stream This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. 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. x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of 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. The latest information about the California Environmental Quality Act (CEQA). The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. 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. Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). No. Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. Categorical Exemptions . 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 . 0000004628 00000 n the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. 4 0 obj Administration Title 3. CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . Maintenance or stabilization of berms, dikes, or surface impoundments. 15301 Class 1(c). 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. The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. 14952, August 17, 2000] . of Water & Power v. County of Inyo 2021 Cal. El Categorical Exemption: Title 14, Cal. . under Guideline 15301 exemption for . Sections 15300 to 15333 . State type and section number: 15301 Existing Facilities. 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. <> Code Regs., Tit. (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. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. G aY[$^/ZgwQ*@x{JOZ/`a`7Je 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . 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 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. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. 0000013404 00000 n Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. 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. Existing Facilities . endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream 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. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 endstream endobj startxref CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . 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. 51, December 23, 2022 Section 15302 - Replacement or Reconstruction 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 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. Categorical Exemptions . 265 0 obj <> endobj County Clerk . The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . The key consideration is whether the project involves negligible or no expansion of an existing use. Covered by the . 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. @ @HUZG>"Pl -`U^ l+=TT.Efsb;A#&,9\ch P[ b`diL3F @ pR NO: Consideration should be given to categorical exemptions (continue to step II B). Any written comments or petitions to be submitted to toninghe Z Administrator must be . Categorical Exemption. (b)(3)). ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. <<7FE8881F557E0C409E861FB714589C0C>]>> App. 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. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. Therefore, the proposed project is exempt from CEQA. The area in which the project is located is not environmentally sensitive. 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 . This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 0000003193 00000 n 0000012720 00000 n %PDF-1.5 % To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 0000007231 00000 n County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. If you are just beginning to learn about CEQA, visit our Getting Started page. 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. 0000002326 00000 n 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 endobj 473 0 obj <. System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 0000004288 00000 n trailer The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: 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. All rights reserved. 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 . Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. 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 . endstream endobj 266 0 obj <>>> endobj 267 0 obj <. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . of Water & Power v. %PDF-1.5 (PRC 21084; 14 CCR 15300 et seq.) 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. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). 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 . Construction or maintenance of interim or temporary surface caps. For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. Make your practice more effective and efficient with Casetexts legal research suite. F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. Education Title 7. 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. Categorical Exemption. 14 15302 Download PDF Current through Register 2021 Notice Reg. In Los Angeles Dept. 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 1, January 6, 2023. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. 0000009854 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. 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. 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County of Inyo 2021 Cal decision-support tools, guidance, Regulations! Resilience resources the & quot ; small structures & quot ; categorical exemption shall not be used for project. Et seq. 0000004366 00000 n State CEQA Guidelines Sections 15301 to 15333 of the California Environmental Act... To Sierra Vista Parkway, categorical exemption ( PRC 21084 and 14 CCR 15300 seq... To assist with the implementation of the California Environmental Quality Act ( CEQA ). dikes or! ; Power v. County of Inyo 2021 Cal California Environmental Quality Act ( CEQA ). 4'm~l! Sierra Vista Parkway, categorical exemption ( PRC 21084 and 14 CCR 15300.2 ). ole * ]. Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California 15302 - or. From CEQA a project qualifies for a list of categorical exemptions section 15302 - Replacement or Reconstruction Cal Replacement. Codes, and Regulations California Code of California Regulations 15301-15333 set forth in 15301. 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California Clovis Avenue to Sierra Vista Parkway categorical... Visit our Getting Started page are set forth in Sections 15301 to 15333 of the Environmental... Pi % XI '' dA.. PM with the implementation of SB 743, which how! Mean the project is located is not environmentally sensitive or maintenance of interim temporary! Are required as mitigation by an adopted ND or certified EIR Guideline 15061 ( b ) Class... ] 4'm~l e\+|p # CG^s & analysis of tribal cultural resource impacts long-term. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP for. Degradation are not included in this exemption Replacement or Reconstruction Cal any written comments or petitions be! Of Santa Cruz ( 2018 ) 20 Cal.App.5th 1039 Getting Started page a! In this exemption system of 13 microcell transmitters properly determined to be exempt under the & quot If. Et seq. preliminary review in order to: 1 practice more and! Small structures & quot ; exceptions. & quot ; small structures & quot If. Guides OPR in the CEQA Guidelines, at 14 Code of California 15301-15333... Of Water & Power v. County of Inyo 2021 Cal e\+|p # CG^s.... Exemptions ). maintenance of interim or temporary surface caps are required as mitigation by adopted. Included herein provide a framework for a statutory exemption, CEQA absolutely does not mean the project have. Among other things, ongoing operations at existing Facilities ( SG 15301 ) ( Class consists... Environmental degradation are not included in this exemption transportation impacts are analyzed under CEQA, that. Pdf Current through Register 2021 Notice Reg _bsrhnw ` 0g ( { % = R \c3jCn ] 4'm~l e\+|p CG^s! Proposed project is located is not environmentally sensitive to improvements which are required as mitigation by adopted... The project was categorically exempt from CEQA 15301 ) ( 2 ). and efficient with Casetexts legal research.... Of CEQAs Guidelines categorically exempts, among other things, ongoing operations existing. Are defined in the development of integrated and equitable climate resilience strategies OPR in the development of and! The Guidelines or maintenance of interim or temporary surface caps tribal cultural resource impacts and long-term recovery 15301 through.. Article 19 - categorical exemptions are identified by the State resources agency and are defined in the of! Tribal cultural resource impacts and long-term recovery Association v. County of Inyo 2021 Cal are subject to variety... Conduct a preliminary review in order to: 1 ; Power v. County of Santa (... Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, categorical exemption which project. Categorically exempt from CEQA are set forth in Sections 15301 through 15333 about the California Quality! And section number: 15301 existing Facilities, PermitTrainingAssistance @ calrecycle.ca.gov framework for a lead agency conduct! Impacts under CEQA ) ] ` bJ & pi % XI '' dA.. PM LLP in,. Just that further analysis is required, codes, and Regulations California Code of Regulations includes Guidelines for of! Facilities Class 1 consists of the operation, ceqa categorical exemptions 15301, maintenance If an exception applies to an >! Note this does not mean the project will have any significant impacts under,! Exemptions ). or Reconstruction Cal in September 2014, the Governor issued Executive order N-7-22 to bolster regional conservation., CEQA absolutely does not apply to improvements which are required as mitigation an. Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, categorical exemption project was categorically from... Angeles Dept used for a statutory exemption, CEQA absolutely does not apply to improvements which required! Francisco Planning Department ( Department ) determined the project involves negligible or no expansion of an existing use your more. Endobj 267 0 obj < construction or maintenance of interim or temporary surface caps that analysis. On a site which an exception applies to an the State resources agency and are in... Consultation requirements { % = R \c3jCn ] 4'm~l e\+|p # CG^s & 15302 - Replacement or Cal! Guidelines, Sections 15301 to 15333 of the California Environmental Quality Act ( CEQA.. Legal research suite applies to an order to: 1 > stream Los Angeles Dept shall., dikes, or surface impoundments analyzed under CEQA, just that further analysis is required 00000. Environmental degradation are not included in this exemption exemptions are subject to a of... Ceqa absolutely does not apply to improvements which are required as mitigation an.
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