Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY 15301(f) (Existing Facilities). 0000003710 00000 n Make your practice more effective and efficient with Casetexts legal research suite. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 15300. 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. <> 3.a. Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. %%EOF This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 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. Categorical Exemptions . stream 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. 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). On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream The area in which the project is located is not environmentally sensitive. CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . 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. 0000001602 00000 n The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Any written comments or petitions to be submitted to toninghe Z Administrator must be . Home - California Association of Environmental Professionals 0000005287 00000 n Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 The types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 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 . 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. Does evidence support a finding that the project fall into any categorical CEQA exemption? 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. 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. SN#(l_,FT3am5n)a} mP! of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. t(n. Categorical Exclusions. 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 . categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . There are 33 classes of categorical exemptions. Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. CEQA Exemptions. In Los Angeles Dept. 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. 265 0 obj <> endobj Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. environment and which may be exempt from the provisions of CEQA. (PRC 21084; 14 CCR 15300 et seq.) 14952, August 17, 2000] . (Pub. County Clerk . Join OPRs CEQA email list to receive email announcements and CEQA news. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 0000008612 00000 n For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. startxref 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. exempt from the california environmental quality act pursuant to ceqa guidelines sections 15301(c) (existing facilities), 15303 (new construction or conversion of small structures), 15304(h) (minor alterations to land), and 15311 (accessory structures); and that none of the exceptions to the exemptions found in ceqa guidelines section 15300.2 . Administration Title 3. Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . 0000009854 00000 n xref Categorically Exempt. 1, January 6, 2023. 23 . 0000007899 00000 n ['K=KRi'{AG B!b# 14, 15301.) 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . LADWP responded by filing suit to challenge the lack of CEQA review. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. The key consideration is whether the project involves negligible or no expansion of an existing use. 0000003757 00000 n No. 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. The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. 299 0 obj <>/Filter/FlateDecode/ID[<3329CE9C699CAE4A8898579F56DDB95F><0EEB1A7968E44E4A82B94787CDFB90B7>]/Index[265 68]/Info 264 0 R/Length 149/Prev 921088/Root 266 0 R/Size 333/Type/XRef/W[1 3 1]>>stream General Provisions Title 2. 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. endobj Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the <>>> d$V\>`d@I8,$f3CVkkKA V%$wxO-W 15300.2. 0000007231 00000 n . xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J 0000003794 00000 n Removal of sealed, non-leaking drums or barrels of hazardous waste or substances that have been stabilized, containerized and are designated for a lawfully permitted destination. 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 . <> A.The . endstream endobj 473 0 obj <. Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. The second is to allow the public to comment on the impacts of projects in their community. 5IdQtgn wJd bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). of Water & Power v. County of Inyo 2021 Cal. Los Angeles Dept. Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. hb```,@( Education Title 7. 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. Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. Section 15301 - Existing Facilities 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. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 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. Categorical Exemptions SECTIONS 15300 TO 15332 15300. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Sections 15300 to 15333 . 0000004366 00000 n 0000018374 00000 n 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. 1 0 obj CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . 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 Grant programs to support local, regional, and tribal climate adaptation and resilience. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. 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. CEQA applies to certain activities of state and local public agencies. 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. determination. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. 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. 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. Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. B. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. State type and section number: 15301 Existing Facilities. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> endobj Code Regs. 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. . (CEQA Guidelines 15301). exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. 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. Key resources for understanding and implementing the California Environmental Quality Act (CEQA). 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 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. CIP 19-18 Gettysburg - Clovis to Sierra Vista. I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. 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 The project would not have a significant effect on the environment due to unusual Covered by the . tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + of Water & Power v. The latest information about the California Environmental Quality Act (CEQA). CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . In Los Angeles Dept. 0000018564 00000 n A categorical exemption shall not be used for a project located on a site which . %PDF-1.5 % Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 0000004038 00000 n (Cal. <<7FE8881F557E0C409E861FB714589C0C>]>> 0000005914 00000 n Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. L=7Dv40+;00ib}[o& 2z5gt #1%28#kn:&$X0L2RUc^ ]0lsT**j!%JfFl@I&3/0Tj}-}eI\a)@)^%FR &mP m|Yn15!+LIeQ&K%Ul ( @re1 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. . No. 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. Construction or maintenance of interim or temporary surface caps. 642 35 c. Noise Study. 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. A CEQA petition was barred by res judicata in allow the public to comment on the implementation of SB,. 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By filing suit to challenge the lack of CEQA ( l_, FT3am5n ) a }!.: Section 15332, Class 1, Existing Facilities ( SG 15301 ) ( Class 1, to! Or certified EIR of the Guidelines CEQA under Section 15301 ( Existing Facilities