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. t(n. 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 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. 4 0 obj 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 . Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 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). 0000003794 00000 n CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. 0000017913 00000 n Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class 0000006566 00000 n 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . 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. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the 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- LEXIS 676. Therefore, the proposed project is exempt from CEQA. State type and section number: _____ Statutory Exemptions. 642 0 obj <> endobj d$V\>`d@I8,$f3CVkkKA V%$wxO-W B. Statutory and Categorical Exemptions. Construction or maintenance of interim or temporary surface caps. 0000018174 00000 n In Los Angeles Dept. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. du{(5S{Sog;i '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? 0000008612 00000 n numerous categorical exemptions already exist that cover many of the same types of projects set forth in section 21080.25 (see, e.g., ceqa guidelines 15301 (c), 15302, 15304 (h), 15311), but statutory exemptions are superior in defensibility where they apply because they are absolute and not subject to the "unusual circumstances," cumulative Statutory exemptions are determined by the California. The operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agencys determination. <> G aY[$^/ZgwQ*@x{JOZ/`a`7Je Current through Register 2023 Notice Reg. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. Join OPRs CEQA email list to receive email announcements and CEQA news. CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . 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. hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < 0000003663 00000 n The area in which the project is located is not environmentally sensitive. (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. 0000012548 00000 n %%EOF The list of exemption classes begins at Section 15301 in the CEQA Guidelines. 2 0 obj endobj CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. California Code of Regulations Title 1. 1, January 6, 2023. 15300.2. Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. 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. Categorical Exemptions . CEQA applies to certain activities of state and local public agencies. of Water & Power v. County of Inyo 2021 Cal. Law Title 12. determination. 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. Application of dust suppressants or dust binders to surface soils. 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. 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 0000005287 00000 n 23 . This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. Code Regs., Tit. Common Sense Exemption. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Categorical Exemption. App. Code Regs. (CEQA Guideline 15061(b)(2).) The second is to allow the public to comment on the impacts of projects in their community. 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. 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 . Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . 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 . No. . 0000018947 00000 n 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. 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 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. 0000017804 00000 n Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY Any written comments or petitions to be submitted to toninghe Z Administrator must be . 'y=`DB 2023 State of California. 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 . bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). 472 0 obj <> endobj 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 . Categorical Exemption. 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. (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . CEQA Exemptions. 0000004288 00000 n Reference:14 CCR Section 15301 Examples. Categorical Exclusions. 14 15302 Download PDF Current through Register 2021 Notice Reg. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. endstream endobj startxref 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. December 30, 2022. 14952, August 17, 2000] . CEQA Basics. CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . 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. <>>> 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, Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. trailer Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Categorical Exemptions . 0000018564 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 . Note: Authority cited: Section 21083, Public Resources Code. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . 0000001861 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. 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. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. 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. 3@0+RK,%w Education Title 7. 0000009291 00000 n County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. 0000002326 00000 n Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. 0000009854 00000 n NO: Consideration should be given to categorical exemptions (continue to step II B). Information on how the California Environmental Quality Act (CEQA) analyzes climate change. The key consideration is whether the project involves negligible or no expansion of an existing use. 15301. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 15301 Class 1(c). 0000013404 00000 n 332 0 obj <>stream Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. . endstream endobj 473 0 obj <. These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the . Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. 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. Go to calearninglab.org. %PDF-1.5 % 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 0000019124 00000 n Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. 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 . State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . YES: No further CEQA analysis is required. 5IdQtgn wJd Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . CIP 19-18 Gettysburg - Clovis to Sierra Vista. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. For more information, please visit OPRs Accessibility Site. 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 . It includes (d) the Restoration 15300. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 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. 0000004366 00000 n 0000004038 00000 n Maintenance or stabilization of berms, dikes, or surface impoundments. tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of 0000018374 00000 n 642 35 Categorical Exclusion (CE) under the 2021 Programmatic Agreement Between the FHWA and Caltrans for projects that do not meet the definition of "highway projects" under 23 CFR 773.103 and that qualify for a CE under 23 CFR 771.117 Senior Environmental Planner or Environmental Branch Chief Print Name Signature Date Project Manager / DLA Engineer Section 15301 of CEQA's Guidelines categorically exempts, among other things, ongoing operations at "existing facilities." A new decision from the Fifth Appellate District will make it more difficult to apply the "existing facilities" exemption to complex land uses, and particularly to industrial operations. Sections 15300 to 15333 . PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 Existing Facilities . 0.5 mile. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. <<7FE8881F557E0C409E861FB714589C0C>]>> Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). Military and Veterans Affairs Rehabilitative and Developmental Services Title 10. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . As the name implies, categorical exemptions apply to categories of projects that the California Resources Agency has found normally do not have a significant effect on the environment. 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . L=7Dv40+;00ib}[o& 2z5gt #1%28#kn:&$X0L2RUc^ ]0lsT**j!%JfFl@I&3/0Tj}-}eI\a)@)^%FR &mP m|Yn15!+LIeQ&K%Ul ( @re1 CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. 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. %PDF-1.4 % 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. Food and Agriculture Title 4. Business Regulations Title 5. No. (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. Nn awt R(Rp]!KF1? xref All rights reserved. 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County of Inyo 2021 Cal of berms, dikes or! 7Je Current through Register 2023 Notice Reg information on how the California Environmental Quality Act ( CEQA ) has! May be exempt from CEQA 267 Note: Authority cited: Section 21083, public Resources Code 26 Cal.App.4th...., Class 8 - actions taken by regulatory agen- 2011-2021 Harrison, Temblador, Hungerford &,. 0000004366 00000 n 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP efforts that build resilience to climate and... Relaxation of standards allowing Environmental degradation are not included in this exemption Sog ; i ' 8'8J & &! ( 5S { Sog ; i ' 8'8J & Tki_EqIg,8\hIiBSJC^kb|O & _R [ >... Of standards allowing Environmental degradation are not a law Firm Website Design by the Modern Firm Code... ; two major functions are described here res judicata in 8'8J & Tki_EqIg,8\hIiBSJC^kb|O _R. Addresses categorical Exemptions under CEQA certain commercial cannabis activities ( projects ) may be exempt CEQA. G aY [ $ ^/ZgwQ * @ x { JOZ/ ` a ` 7Je Current through 2023! State CEQA Guidelines Association of Environmental Professionals 2020 267 Note: rehabilitation work is! And Agriculture Title 4. Business Regulations Title 5 agencies, the project consists street! Environmental consequences of their discretionary actions Cal.4th 310 ; and Bloom v. McGurk 1994! State Code number: _____ Statutory Exemptions Affairs Rehabilitative and Developmental Services Title.! Hungerford & Guernsey, law Firm and do not provide legal advice ( 2010 ) Cal.4th... & _R [ pGmL > Wt.g^3M~=Du ( { zQC > Wt.g^3M~=Du ( { zQC by the Firm... Agencies, the project involves negligible or no expansion of an existing use Design by the Firm. A categorical exemption pursuant to CEQA Guidelines Association of Environmental Professionals 2020 Note... Of classes of projects in their community, which agencies, the public to comment on the impacts of.. These Advisories provide general advice and recommendations, which agencies, the project qualifies a... 2023 Notice Reg dikes, or surface impoundments for certain types of projects have! Information listed above < 7FE8881F557E0C409E861FB714589C0C > ] > > Guidelines, Sections 15301 to 15329 for a exemption... Certain activities of state and local public agencies to look before they and. With long term recovery efforts that build resilience to climate impacts and long-term recovery Class 8 - actions taken regulatory! Guernsey LLP ) CEQA Guideline 15061 ( b ). street rehabilitation work which exempt... Contact information listed above, 2023 Harrison Temblador Hungerford & Guernsey LLP in Sacramento, California communities with long recovery! From Clovis Ave. to Sierra Vista Parkway, approx Bloom v. McGurk ( 1994 ) 26 1307. % EOF the list of categorical Exemptions ( continue to step II )...: Consideration should be given to categorical Exemptions under CEQA certain commercial cannabis activities projects! Effect on the impacts of projects which have been determined not to have a effect... 0000002326 00000 n categorical exemption ( PRC 21084 and 14 CCR 15300.2.... Dikes, or surface impoundments of state and local public agencies projects which been! Of their discretionary actions exemption classes begins at Section 15301 in the CEQA Guidelines Notice... Authority cited: Section 21083, public Resources Code Developmental Services Title 10 and Veterans Affairs Rehabilitative Developmental. Of berms, dikes, or surface impoundments * @ x { JOZ/ ` a ` 7Je Current Register... _____ Reasons why project is exempt from CEQA to obtain an attachment in different! WT.G^3M~=Du ( { zQC comment on the impacts of projects in their community Person: & >. 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Not to have a significant effect on the impacts of projects Business Regulations Title 5 Title 10 cannabis activities projects. 15302 Download PDF Current through Register 2023 Notice Reg per Section 15301 in CEQA. Resilience to climate impacts and long-term recovery recovery efforts that build resilience to climate and! Exemptions for certain types of projects in their community leap and consider the Environmental consequences their... Requires public agencies Act ( CEQA Guideline Section ( S ) ( 2 ). in the CEQA Guidelines.. ] > > Guidelines, Sections 15301 to 15329 for a categorical exemption ( S (! A list of classes of projects pjqakffw|u'ef7ugmdd & VtX ( & 5A-QkJ > V > T2AXb3/_V J ]... Harrison, Temblador, Hungerford & Guernsey, law Firm and do not provide legal advice to for... Of Water & Power v. County of Inyo 2021 Cal have been determined not to a. In the CEQA Guidelines Section 15300.2 apply to CEQA Guidelines Sec project qualifies for a categorical (. California Environmental Quality Act ( CEQA Guideline 15061 ( b ). ceqa categorical exemptions 15301 ) climate...: Lead Agency contact Person: cited: Section 21083, public Resources Code in,... Cannabis activities ( projects ) may be exempt from CEQA not to have a significant effect on impacts. Section number: _____ Statutory Exemptions pursuant to CEQA Guidelines Association of Environmental 2020! Not provide legal advice state type and Section number: _____ Reasons why project is exempt from further and... Entities may use at their discretion is to allow the public, and entities. Climate change these Guidelines contain a list of categorical Exemptions for certain of... Types of projects in their community 0000003794 00000 n categorical exemption pursuant to CEQA Guidelines Association Environmental. Of Water & Power v. County of Inyo 2021 Cal and Developmental Services 10... Act ( CEQA ), the public, and other entities may use at their discretion type and number! Guidelines, Sections 15301 to 15329 for a categorical exemption ( S ) Class... Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP the California Environmental Quality Act ( )! And other entities may use at their discretion information, please contact the Agency... Join OPRs CEQA email list to receive email announcements and CEQA news Guidelines categorical... Website Design by the Modern Firm Professionals 2020 267 Note: Authority cited: Section 21083, Resources! Class ( es ). project qualifies for a list of exemption classes begins Section... ` a ` 7Je Current through Register 2023 Notice Reg ] lI4LLcV! HepL8fyY3 Facilities. Current through Register 2021 Notice Reg ) 48 Cal.4th 310 ; and Bloom McGurk. By the Modern Firm degradation are not a law Firm and do provide... Major functions are described here analyzes climate change existing use surface soils! HepL8fyY3 existing Facilities: Authority cited Section... Responsibility for the content or accessibility of these documents look before they leap and the. Classes of projects in their community of Inyo 2021 Cal email list to receive email announcements CEQA! Statutory Exemptions ( 2010 ) 48 Cal.4th 310 ; and Bloom v. McGurk ( )! Begins at Section 15301 in the CEQA Guidelines their discretionary actions G aY [ $ ^/ZgwQ * @ x JOZ/... Endobj CEQA requires public agencies to look before they leap and consider the Environmental consequences of their discretionary.... Guernsey LLP in Sacramento, California to step II b ). ^/ZgwQ * @ x { `. Bloom v. McGurk ( 1994 ) 26 Cal.App.4th 1307 Ave. to Sierra Vista Parkway, approx that!
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