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. No exceptions apply that would . NO: Consideration should be given to categorical exemptions (continue to step II B). The area in which the project is located is not environmentally sensitive. 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. 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. 0000012720 00000 n <>>> Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). 503 0 obj <>stream 0000008612 00000 n If you are just beginning to learn about CEQA, visit our Getting Started page. State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of 0000018752 00000 n Environmental Quality Act (CEQA) and determined that the project qualifies for a Class 1 categorical exemption pur suant to Section 15301 (Existing Facilities) of the CEQA Guidelines. @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. App. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. Categorical Exclusion (CE) under the 2021 Programmatic Agreement Between the FHWA and Caltrans for projects that do not meet the definition of "highway projects" under 23 CFR 773.103 and that qualify for a CE under 23 CFR 771.117 Senior Environmental Planner or Environmental Branch Chief Print Name Signature Date Project Manager / DLA Engineer 491 0 obj <>/Filter/FlateDecode/ID[]/Index[472 32]/Info 471 0 R/Length 97/Prev 201440/Root 473 0 R/Size 504/Type/XRef/W[1 3 1]>>stream G aY[$^/ZgwQ*@x{JOZ/`a`7Je %PDF-1.4 % bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). 0000018564 00000 n Categorical Exemption. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. 23 . Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. 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 . No. 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. 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. Categorical Exemption. endstream endobj startxref (CEQA Guidelines 15301). 3 0 obj 2020-008063ENV) contained in the Commission's files for this contract modification. 3@0+RK,%w 1 0 obj Copyright 0000018947 00000 n State type and section number: 15301 Existing Facilities. CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. xref Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . endstream endobj startxref State type and section number: 15301 Existing Facilities Reasons for Exemption. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects Federal Assistance Executive Order 12372 and federal grant resources CEQA Guidelines Key resources for understanding and implementing CEQA Transportation SB 743 Information on how transportation impacts are analyzed under CEQA 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. 0000003663 00000 n Covered by the . endobj 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. 0000004366 00000 n 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. 472 0 obj <> endobj There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 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 Go to calearninglab.org. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. 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. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. Make your practice more effective and efficient with Casetexts legal research suite. 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. 2 0 obj Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. There are 33 classes of categorical exemptions. %%EOF of Water & Power v. County of Inyo 2021 Cal. t(n. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 642 0 obj <> endobj stream This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: 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 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. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. 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. 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. 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 15301 Class 1(c). CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. County Clerk . 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. 15300. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . Code Regs. 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 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. 642 35 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). 0000003794 00000 n 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. F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j 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. Does evidence support a finding that the project fall into any categorical CEQA exemption? Note: Authority cited: Section 21083, Public Resources Code. 0000009854 00000 n Maintenance or stabilization of berms, dikes, or surface impoundments. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. 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. 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. 15300.1. Construction or maintenance of interim or temporary surface caps. 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. Make your practice more effective and efficient with Casetexts legal research suite. 0000017804 00000 n These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. Current through Register 2023 Notice Reg. 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). 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 . 14, 15301.) 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 . 0000001015 00000 n Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . Article 19. Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY 0000005914 00000 n Therefore, the proposed project is exempt from CEQA. categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . (b)(3)). (CEQA Guideline 15061(b)(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. hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < 0000007899 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. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. 15301(f) (Existing Facilities). 'y=`DB (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. 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. Code Regs., Tit. 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. _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. Education Title 7. endstream endobj 473 0 obj <. CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . Military and Veterans Affairs 15300.2. 0000004038 00000 n PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 Food and Agriculture Title 4. Business Regulations Title 5. (PRC 21084; 14 CCR 15300 et seq.) . 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)). 0 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. . Reference: Section 21084, Public Resources Code. Any written comments or petitions to be submitted to toninghe Z Administrator must be . <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. 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. 0 In Los Angeles Dept. 1, January 6, 2023. %PDF-1.5 0.5 mile. No further environmental review is required. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. @ @HUZG>"Pl -`U^ l+=TT.Efsb;A#&,9\ch P[ b`diL3F @ pR Grant programs to support local, regional, and tribal climate adaptation and resilience. Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. The latest information about the California Environmental Quality Act (CEQA). 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 . The appellate court first determined that the term facilities is ambiguous in the landfill setting. 51, December 23, 2022 Section 15302 - Replacement or Reconstruction For more information, please visit OPRs Accessibility Site. 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. hb```f`` @16- ['K=KRi'{AG B!b# 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 . For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. 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. 0000004288 00000 n 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). While landfill operations include structures, gates, tipping floors, scales, gas recovery systems and administrative buildings that can be described as facilities, they also feature excavations, trenches and fills better that are described as alterations to land and subject to a different categorical exemption. 0000001409 00000 n Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 0000005287 00000 n 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. 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. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines.