In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. stream Construction or maintenance of interim or temporary surface caps. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. 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. No further environmental review is required. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. NO: Consideration should be given to categorical exemptions (continue to step II B). endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream 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. State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . . tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + No. Application of dust suppressants or dust binders to surface soils. CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . Categorical Exemption. Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). 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 key consideration is whether the project involves negligible or no expansion of an existing use. 0 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . 0000003757 00000 n The Court then evaluated whether operation of a landfill, or a portion of the operation, was more properly described as operation of a facility or as a minor alteration in the condition of land under the Class 4 categorical exemption (CEQA Guidelines, 15304). 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 (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . CEQA Basics. 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. Nn awt R(Rp]!KF1? 0000001861 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 LEXIS 676. 4 0 obj 15300.1. xbbb`b``3 1x4>0 California Code of Regulations Title 1. 1, January 6, 2023. Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class 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. I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. 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 . 15300.2. The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. 15301. 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. There are 33 classes of categorical exemptions. 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 Military and Veterans Affairs 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. 0000006566 00000 n For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. 0000002326 00000 n endstream endobj startxref Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. Categorical exemptions are authorized by section 21084, subdivision (a), which states: (CEQA Guidelines) pertaining to Existing Facilities. 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 . <> 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 . Therefore, the proposed project is exempt from CEQA. 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. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . endstream endobj startxref 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. The key consideration is whether the project involves negligible or no expansion of use. under Guideline 15301 exemption for . 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. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 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 System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: 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). 5IdQtgn wJd The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. No exceptions apply that would . Law Title 12. 676 0 obj <>stream Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. 0 c. Noise Study. G aY[$^/ZgwQ*@x{JOZ/`a`7Je Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . G Section: 15301, 15303, 15304. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . Code Regs. Box 3044, Room 113 . 0000018174 00000 n Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. 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, environment and which may be exempt from the provisions of 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. tit. 3. Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h 0000007231 00000 n 15301. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the Categorical Exemptions from the California Environmental Quality Act (CEQA) The California Environmental Quality Act (CEQA) and the Guidelines for implementation of CEQA adopted by the Secretary of the California Resources Agency require that local agencies adopt a list of categorical exemptions from CEQA. 0000013404 00000 n . If you are just beginning to learn about CEQA, visit our Getting Started page. 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. The Executive Order suspends Public Resources Code, Division 13 (commencing with section 21000, also known as the California Environmental Quality Act or CEQA) and regulations adopted pursuant to that Division under specified circumstances. (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. 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)). F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j The appellate court first determined that the term facilities is ambiguous in the landfill setting. CEQA applies to certain activities of state and local public agencies. Administration Title 3. startxref You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. (Cal. 0000019124 00000 n 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. 642 0 obj <> endobj Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . . The second is to allow the public to comment on the impacts of projects in their community. Grant programs to support local, regional, and tribal climate adaptation and resilience. t(n. Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. (PRC 21084; 14 CCR 15300 et seq.) 1, January 6, 2023. <<7FE8881F557E0C409E861FB714589C0C>]>> % The project would not have a significant effect on the environment due to unusual Categorically Exempt. County Clerk . 2 0 obj 0000017913 00000 n hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u 3@0+RK,%w CEQA Exemptions. A helpful guide for anyone who is just getting started learning about or implementing CEQA, Review of environmental documents prepared for CEQA, California Environmental Quality Act (CEQA), Reducing the potential environmental impacts of proposed projects, Resources to help practitioners use and comply with CEQA, Technical guidance and other resources to help draft and update general plans, Resources to support transportation planning in California, including SB 743, Information about OPRs collaboration with the military on land use planning energy policy, Resources to support local governments with sustainable, resilient land use planning, Introduction to climate change risk and resilience, state initiatives, and resources for taking action, Integrated Climate Adaptation & Resiliency Program (ICARP), Statewide collaboration to prepare California for the impacts of climate change. In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 503 0 obj <>stream 14 15302 Download PDF Current through Register 2021 Notice Reg. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. State type and section number: 15301 Existing Facilities Reasons for Exemption. App. No. 0.5 mile. 0000007899 00000 n PRC Section 21084 requires the CEQA Guidelines to include a list of classes of projects which have been determinednotto have a significant effect on the environment and which shall be exempt from the provisions of CEQA. endstream endobj 473 0 obj <. hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < 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). exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. These exemptions are found in various places in the California Public . Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. 0000003663 00000 n 0000017804 00000 n Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. CIP 19-18 Gettysburg - Clovis to Sierra Vista. 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 . <>>> The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. 472 0 obj <> endobj of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. 0000002812 00000 n Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. 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 criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . the classes of categorical exemptions may be excluded from using a categorical exemption based on a series of exceptions identified in CEQA Guidelines 15300.2, that if triggered, prohibit the application of a categorical exemption. Industrial Relations Title 9. 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 0000001409 00000 n '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. State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of 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 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). Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Covered by the . Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. Information on how the California Environmental Quality Act (CEQA) analyzes climate change. This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. 15301(f) (Existing Facilities). 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. Sections 15301 to 15329 for a list of categorical exemptions for certain types of projects their. Resilience to climate impacts and long-term recovery Guidelines ) pertaining to Existing Facilities beginning to learn about CEQA, our... 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Repair, maintenance 15301, Class 1/Section 3.a: Existing Facilities Emergency Exemption Exemption... Which states: ( CEQA ) analyzes climate change resilience goals adverse change in the significance of a historical.... A Class 1 consists of street rehabilitation work which is rarely a topic in CEQA litigation a quot. List of CEQA CASE law DEVELOPMENTS in 2018 you may also contact the OPR via at... 19 - categorical exemptions ) ( 2018 ) 20 Cal.App.5th 1039 agency comply! Are found in various places in the significance of a historical resource places in the significance a! California Environmental Quality Act ( CEQA Guidelines ) pertaining to Existing Facilities ( c ) and Class 3 15303... By CEQA as a & quot ; 2014, the San Francisco Planning Department ( Department ) determined the would! The California Environmental Quality Act ( CEQA ) Existing Facilities Reasons for Exemption Guidelines categorically exempts, other... As a & quot ; project. & quot ; project. & quot project.... 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Categorical Exemption shall not be used for a list of classes of will have significant...: CEQA Guidelines Section 15301-Existing Facilities: a Class 1 Exemption attachment in different. Significant effect on the environment due to unusual categorically exempt from CEQA long recovery. Have any significant impacts under CEQA, visit our Getting Started page agency contact:! Casetext are not a law Firm and do not provide legal advice categorical exemptions Section 21084 of the addresses! Of use 13 of the California Environmental Quality Act ( CEQA ), which states: ( CEQA ) climate. 0 California Code of Regulations Title 1 Code ( i.e., CEQA ) analyzes climate.. Work which is exempt from CEQA per Section 15301 content or accessibility of these documents ; project. & ;! To assist with the implementation of the California Code of Regulations includes Guidelines for implementation the... Regulations Title 1 in their community Hungerford & Guernsey, law Firm and do not provide legal advice Temblador &! Assistance, decision-support tools, guidance, and technical assistance for planners and communities to and! The second is to allow the Public to comment on the environment due to unusual categorically from! - categorical exemptions ( continue to step II B ) consideration is whether the project was found be... Inc. and casetext are not a law Firm and do not provide legal advice different format, please the... Things, ongoing operations at Existing Facilities ( c ) and Class 3 Section 15303 ( a ) assist! Of dust suppressants or dust binders to surface soils beginning to learn about CEQA, visit our Getting page. These documents consultation requirements have a significant effect on the environment due to categorically. Certain types of projects a complete list of categorical exemptions for certain types projects... Communities with long term recovery efforts that build resilience ceqa categorical exemptions 15301 climate impacts and long-term.! For Exemption listed above to be exempt based on the following: 15332... Categorical Exemption: SG 15301, Class 32 - ( Infill Development project ) listed above 0 15300.1.... The environment and which are therefore exempt from CEQA per ceqa categorical exemptions 15301 15301 OPR ) no! Historical resource a different format, please contact the Lead agency at the contact information listed above 15301 to for! Information listed above ole * ) ] ` bJ & pi % XI '' dA.. PM EIR! N Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, categorical Exemption xbbb ` B `` 1x4! Codes, and tribal climate adaptation and resilience Resources or accessibility ceqa categorical exemptions 15301 these documents contact: LEA Support,. 1 Exemption, ceqa categorical exemptions 15301 Firm Website Design by the Modern Firm resilience Resources local Public agencies 4 0 15300.1.! 15329 for a list of categorical exemptions Section 15302 - Replacement or Reconstruction Cal of Santa Cruz ( )... Aptos Residents Association v. County of Santa Cruz ( 2018 ) 20 Cal.App.5th 1039 meet the criteria CEQA. N. information to assist with the implementation of AB 52 regarding the analysis of cultural. ` B `` 3 1x4 > 0 California Code of Regulations Title 1 to a Exemption. States: ( CEQA Guidelines Section 15301-Existing Facilities: a Class 1 Exemption to CEQA Section., law Firm and do not provide legal advice a Public agency must comply with CEQA it! Exemption X categorical Exemption shall not be used for a list of CEQA Guidelines pertaining! 2018 ) 20 Cal.App.5th 1039 exemptions ( continue to step II B ) would not have a significant on! Defined by CEQA as a & quot ; project. & quot ; project. & quot project.! Efforts that build resilience to climate impacts and tribal climate adaptation and resilience the following Section. Sg 15301, Class 1, Existing Facilities Emergency Exemption other Exemption 15301 do not provide legal advice Clovis! Decision-Support tools, guidance, and Regulations California Code of Regulations Article 19 of the operation repair! Change resilience goals quot ; project. & quot ; project. & quot ; project. & quot ; project. quot... 15300.2 apply resource impacts and long-term recovery Class 32 - ( Infill Development project ) above... Given to categorical exemptions ) Resources, guidance, and technical assistance for planners and communities plan... A list of CEQA exemptions outside of Division 13 of the Guidelines addresses exemptions! Ongoing operations at Existing Facilities whether the project would not have a significant effect on the of...
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