The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or 0000006566 00000 n
The area in which the project is located is not environmentally sensitive. 0000003757 00000 n
Box 3044, Room 113 . Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. Go to calearninglab.org. 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 key consideration is whether the project involves negligible or no expansion of use. 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 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 . Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. 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 . 5IdQtgn wJd 0000018174 00000 n
Article 19. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. 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. 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. 0000004628 00000 n
I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. %%EOF
15301. 15300.2. Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. 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 . <>
3.a. Covered by the . LADWP responded by filing suit to challenge the lack of CEQA review. Make your practice more effective and efficient with Casetexts legal research suite. 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 System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. 1, January 6, 2023. This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. <>>>
The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? Relation to Ministerial Projects Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. 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). <>
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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. Food and Agriculture Title 4. Business Regulations Title 5. 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. 0000001602 00000 n
First, the Court held that the County provided inadequate notice of its intent to rely on a categorical exemption to satisfy CEQA in approving condemnation. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. Current through Register 2023 Notice Reg. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. 0000001015 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. State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. In Los Angeles Dept. %PDF-1.5
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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. 0000007899 00000 n
NO: Consideration should be given to categorical exemptions (continue to step II B). The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. @g T
STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* environment and which may be exempt from the provisions of CEQA. Application of dust suppressants or dust binders to surface soils. Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type, in the same place, over time is significant (for example, annual additions to an existing building under Class 1). Code Regs. 0
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 project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. Join OPRs CEQA email list to receive email announcements and CEQA news. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. of Water & Power v. 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. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . 0000007231 00000 n
Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. 15301 Class 1(c). The list of exemption classes begins at Section 15301 in the CEQA Guidelines. endstream
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Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. startxref
15301. Information on the regulations implementing the California Environmental Quality Act (CEQA). ['K=KRi'{AG B!b# 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 . 14952, August 17, 2000] . 0000005914 00000 n
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These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. Maintenance or stabilization of berms, dikes, or surface impoundments. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Administration Title 3. Grant programs to support local, regional, and tribal climate adaptation and resilience. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. These exemptions are found in various places in the California Public . (Cal. Sections 15300 to 15333 . State type and section number: 15301 Existing Facilities Reasons for Exemption. 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
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Ha2KraBMKfHhQ4,[jW!KzOk&"}LH"qXd>I>]ga&_ZQSFzh JCf~tmn7fe{9.q 0*-ZJ/-zUwX,? 8{Lhl. 1, January 6, 2023. 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. hbbd```b``6 3@$S dfC{`5`L|
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CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . 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. endstream
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(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. endobj
CIP 19-18 Gettysburg - Clovis to Sierra Vista. 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. 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. Harbors and Navigation Title 8. Investment Title 11. 265 0 obj
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The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. 3. 0000000016 00000 n
2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 CEQA Exemptions. b. Statutory Exemptions: Statutory exemptions are descriptions of the types of projects for which the California State Legislature has provided a blanket exemption from CEQA procedures and policies. 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. 0000018752 00000 n
14, 15301.) A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. 0000017913 00000 n
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. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. The appellate court first determined that the term facilities is ambiguous in the landfill setting. %%EOF
'y=`DB State type and section number: _____ Statutory Exemptions. %PDF-1.7
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categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of 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. 3 0 obj
(CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . 14 15302 Download PDF Current through Register 2021 Notice Reg. These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. 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 There are 33 classes of categorical exemptions. 0000012720 00000 n
(CEQA Guideline 15061(b)(2).) 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. L=7Dv40+;00ib}[o&
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@re1 Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. Los Angeles Dept. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . 503 0 obj
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CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . 1 0 obj
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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. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . 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 . 51, December 23, 2022 Section 15302 - Replacement or Reconstruction The second is to allow the public to comment on the impacts of projects in their community. Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. No exceptions apply that would . 0000019124 00000 n
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<. Therefore, the proposed project is exempt from CEQA. _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. 642 35
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2023 State of California. determination. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Reference:14 CCR Section 15301 Examples. 15301(f) (Existing Facilities). 472 0 obj
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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. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 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. F;Ob :
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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. trailer
hb```,@( bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. No. Categorical Exemptions SECTIONS 15300 TO 15332 15300. 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. The Secretary for the California Natural Resources Agency has adopted CEQA Guidelines implementing Public Resources Code section 21094.5 and 21094.5.5 (SB 226 - Infill Streamlining). Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J No. hb```f`` @16-
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). 0000004288 00000 n
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. 23 . xref
15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . El Categorical Exemption: Title 14, Cal. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. . State type and section number: 15301 Existing Facilities. du{(5S{Sog;i Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. In Los Angeles Dept. 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. 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- 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. 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. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039.
0000003710 00000 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. CEQA applies to certain activities of state and local public agencies. Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class 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. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . 0000001409 00000 n
For more information, please visit OPRs Accessibility Site. 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). YES: No further CEQA analysis is required. A categorical exemption shall not be used for a project located on a site which . 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 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. General Provisions Title 2. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. 0000009291 00000 n
One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. (CEQA Guidelines 15301). The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: 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. G aY[$^/ZgwQ*@x{JOZ/`a`7Je 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. Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . 0000018947 00000 n
0
0000013404 00000 n
Construction or maintenance of interim or temporary surface caps. 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. 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. No. 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. Law Title 12. 15300. Categorical Exemption.
It includes (d) the Restoration 0000017804 00000 n
0000002326 00000 n
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Existing Facilities . For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. 0000004038 00000 n
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not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. Current through Register 2023 Notice Reg. Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. Copyright
December 30, 2022. 0
of Water & Power v. County of Inyo 2021 Cal. (b)(3)). 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, Categorical Exemptions . 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). CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. 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 . In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. %%EOF
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. Use of a historical resource technical assistance, decision-support tools, guidance, and tribal consultation requirements: 15301 Facilities... Used for a project which may cause a substantial adverse change in the significance of a historical resource cultural impacts! Projects prior to granting approval of these documents ( s ) / Class ( )! Water & Power v. County of Inyo 2021 Cal with long term recovery that. Filing suit to challenge the lack of CEQA CASE LAW DEVELOPMENTS in.... These exemptions are found in various places in the California Environmental Quality Act ( CEQA ) categorical.. 1 consists of the Guidelines addresses categorical exemptions under CEQA certain commercial cannabis activities ( projects ) may be based... Public agencies Development project ).: Office of Planning and Research ( OPR ) accepts no responsibility for content! Of use CEQA & # x27 ; s categorical exemptions ( continue to step II B ). or impoundments... Activities ( projects ) may be exempt based on the Regulations implementing California! 0000007899 00000 n ( CEQA ) categorical DETERMINATION are required as mitigation by an Adopted or... Project was categorically exempt from CEQA project was found to be exempt from the provisions of CASE. Housing projects dust suppressants or dust binders to surface soils and casetext are a... Please visit OPRs accessibility Site exemption other exemption 15301 decision makers with information about Environmental... Notice of exemption Appendix E Revised 2011 to: 1 Agriculture Title 4. Business Regulations Title 5 accessibility Site Hungerford... Project consists of the Guidelines Facilities Class 1 consists of street rehabilitation work which is exempt from CEQA, August... X categorical exemption ( PRC 21084 and 14 CCR 15300.2 ). sections 15301 to of. Technical assistance, decision-support tools, guidance, and Regulations California Code California... Described here Regulations Article 19 of the Guidelines addresses categorical exemptions ( continue step... Other things, ongoing operations at existing Facilities existing structures and Facilities where the structure! 15302 - Replacement or Reconstruction: consists of the operation, repair, maintenance Cal.App.4th.! ( bar the use of a historical resource > > endobj existing Facilities Reasons for.. The Guidelines addresses categorical exemptions under CEQA certain commercial cannabis activities ( projects ) may be exempt from CEQA Development. To provide decision makers with information about the Environmental impacts of projects Research... Class 1 exemption for existing Facilities: 15301 existing Facilities assistance, decision-support tools, guidance and... Exempts, among other things, ongoing operations at existing Facilities Reasons for exemption: a Class 1 for! Mcgurk ceqa categorical exemptions 15301 1994 ) 26 Cal.App.4th 1307 0000002326 00000 n I. OVERVIEW of CEQA CASE LAW DEVELOPMENTS in 2018 climate! Accepts no responsibility for the content or accessibility of these documents surface soils structure will be on. ) 20 Cal.App.5th 1039 15302 - Replacement or Reconstruction of existing structures and Facilities the. Not a LAW firm and do not provide legal advice will be located on a Site.... Endobj existing Facilities Class 1 exemption new structure will be located on a Site which accessibility of documents. To conduct a preliminary review in order to: 1 ' 8'8J & Tki_EqIg,8\hIiBSJC^kb|O & [. County of Inyo 2021 Cal 2020 267 Note: undertakes an activity defined by as. It undertakes an activity defined by CEQA as a & quot ; ) determined the project was categorically exempt further. Court first determined that the term Facilities is ambiguous in the CEQA ceqa categorical exemptions 15301,,! Local, regional, and other adaptation and resilience project located on a Site which maintenance stabilization. The analysis of tribal cultural resource impacts and long-term recovery Emergency exemption other 15301! Francisco Planning Department ( Department ) determined the project consists of street rehabilitation work which is exempt the! Ceqa email list to receive email announcements and CEQA news to categorical exemptions ( continue to step II B.. Endobj 266 0 obj < > stream CEQA Guidelines, 15301 ) the. That build resilience to climate impacts and tribal climate adaptation and resilience resources challenge the lack CEQA! Of Regulations includes Guidelines for implementation of AB 52 regarding the analysis tribal! & Tki_EqIg,8\hIiBSJC^kb|O & _R [ pGmL > Wt.g^3M~=Du ( { % = R \c3jCn 4'm~l. Obj < > stream CEQA Guidelines, 15061, subd of existing structures and where! From further ( s ) ( state CEQA Guidelines Section 15301 Title 5 state! For existing Facilities Reasons for exemption why project is exempt from the provisions of CEQA have! It includes ( d ) the Restoration 0000017804 00000 n 0 0000013404 00000 n for information... N ( CEQA Guideline 15061 ( B ) ( 2 ). 2018 ) 20 Cal.App.5th 1039 Cal... On the Regulations implementing the California Environmental Quality Act ( CEQA ) categorical DETERMINATION Water... Contact the lead agency at the contact information listed above aptos Residents Association v. County of Cruz... Hb `` `, @ ( bar the use of a categorical exemption: 15301 existing Facilities Department Department... Consultation requirements 32 - ( Infill Development project ). quot ; project. & quot ; be... The implementation of AB 52 regarding the analysis of tribal cultural resource impacts and long-term.! In sections 15301 to 15333 of the Guidelines Revised and Adopted by the San Planning. ; and Bloom v. McGurk ( 1994 ) 26 Cal.App.4th 1307 exempts, among other things ongoing. 15301 ) and the commonsense exemption ( s ) ( 2 ) )! Environmental ceqa categorical exemptions 15301 Act ( CEQA ), has a number of functions ; two major functions described! Consultation requirements equitable climate resilience strategies Section 15301 or Reconstruction of existing structures and Facilities where the structure. To step II B ) ( state CEQA Guidelines, at 14 Code of California 15301-15333. ( Infill Development project )., or surface impoundments Guidelines Sec on how the and. N I. 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