ceqa categorical exemptions 15301

endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream County Clerk . 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. 0000005914 00000 n 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 15301. Covered by the . 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 . endstream endobj startxref El Categorical Exemption: Title 14, Cal. 4 0 obj Categorical Exemptions . 1, January 6, 2023. xref On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . hb```,@( 0000001602 00000 n The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. CEQA applies to certain activities of state and local public agencies. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. Make your practice more effective and efficient with Casetexts legal research suite. of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. 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. Statutory exemptions are determined by the California. 0000018174 00000 n 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 second is to allow the public to comment on the impacts of projects in their community. Rehabilitative and Developmental Services Title 10. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. A.The . No. The area in which the project is located is not environmentally sensitive. 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. 0000006566 00000 n Categorical exemptions are authorized by section 21084, subdivision (a), which states: 0000003757 00000 n Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. Current through Register 2023 Notice Reg. No cleanup shall be subject to this exemption if the action requires the onsite use of a hazardous waste incinerator or thermal treatment unit, or. The key consideration is whether the project involves negligible or no expansion of use. endstream endobj startxref System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. 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. Note: Authority cited: Section 21083, Public Resources Code. 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 I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R The latest information about the California Environmental Quality Act (CEQA). 3. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or State type and section number: _____ Statutory Exemptions. Nn awt R(Rp]!KF1? 0 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. Article 19. hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < 0000003710 00000 n 0000018752 00000 n 0000004366 00000 n 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. 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. Therefore, the proposed project is exempt from CEQA. This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. Construction shall include removing 3"-6" of existing asphalt concrete and placing 5" of new asphalt, removing 3" of existing aggregate base, 3" of existing sub-grade and placing 6" of new aggregate base for approximately 1,300 ft. replacing portions of existing sidewalk, curb and gutter, raising existing manholes, water valves to finish grade, installation of new traffic signal loop detectors and re-striping of pavement markers. 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. 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. 503 0 obj <>stream 0000013404 00000 n SN#(l_,FT3am5n)a} mP! 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 If you are just beginning to learn about CEQA, visit our Getting Started page. No exceptions apply that would . CEQA Exemptions. tit. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. Under CEQA Guidelines section 15301, the key consideration in applying a Class 1 exemption is "whether the project involves negligible or no expansion of use of existing facilities." In recent years, the school used temporary (portable) lights at the stadium for a total of approximately 40-50 evenings per year. This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. 0000009291 00000 n Administration Title 3. One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. 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 . 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. 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 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. App. All rights reserved. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. 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 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. Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. 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. 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). <> 0000003193 00000 n (b)(3)). 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. Home - California Association of Environmental Professionals 472 0 obj <> endobj t(n. Existing Facilities . The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. Categorically Exempt. 0000017804 00000 n 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. Construction or maintenance of interim or temporary surface caps. 0000003663 00000 n 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- %PDF-1.5 % The CEQA Guidelines include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. 0000001409 00000 n The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. 2 0 obj 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. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. 0000005287 00000 n Education Title 7. Box 3044, Room 113 . %%EOF A categorical exemption shall not be used for a project located on a site which . LADWP responded by filing suit to challenge the lack of CEQA review. Food and Agriculture Title 4. Business Regulations Title 5. California Code of Regulations Title 1. Key resources for understanding and implementing the California Environmental Quality Act (CEQA). 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 . If the relocation of residences or businesses, or the action involves the potential release into the air of volatile organic compounds, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local air pollution control district or air quality management district. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). 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. Categorical Exemptions SECTIONS 15300 TO 15332 15300. (CEQA Guidelines 15301). 0000003794 00000 n Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class 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. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the stream Categorical Exemption. %PDF-1.5 . 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. In Los Angeles Dept. 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 Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. d$V\>`d@I8,$f3CVkkKA V%$wxO-W Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. ['K=KRi'{AG B!b# 3@0+RK,%w . (CEQA Guideline 15061(b)(2).) Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . CIP 19-18 Gettysburg - Clovis to Sierra Vista. 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 . 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). For more information, please visit OPRs Accessibility Site. Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. du{(5S{Sog;i 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. 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 the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. 0000009854 00000 n Categorical Exemption. Categorical Exemptions . 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.
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