ceqa categorical exemptions 15301

Harbors and Navigation Title 8. 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. %%EOF 0000007231 00000 n The appellate court first determined that the term facilities is ambiguous in the landfill setting. 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). 642 35 Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. 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)). 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. c. Noise Study. @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* Article 19. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. When relying on a categorical exemption to CEQA, like the Existing Facilities (CEQA Guidelines Section 15301), Replacement or Reconstruction (CEQA Guidelines Section 15302) or New Construction or Conversion of Small Structures (CEQA Guidelines Section 15303) exemption, it is important to understand that CEQA looks at the changes that will be made to the present conditions. Guidelines Sections 15301 through 15333 constitute the list of categorically exempt projects and contain specific criteria that must be met in order for a project to be found categorically exempt. L=7Dv40+;00ib}[o& 2z5gt #1%28#kn:&$X0L2RUc^ ]0lsT**j!%JfFl@I&3/0Tj}-}eI\a)@)^%FR &mP m|Yn15!+LIeQ&K%Ul ( @re1 The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. 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. 3.a. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. A.The . Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. CEQA Basics. CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. 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. I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. ['K=KRi'{AG B!b# LEXIS 676. Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . Military and Veterans Affairs 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. 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. Reference: Section 21084, Public Resources Code. tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + Information on the regulations implementing the California Environmental Quality Act (CEQA). 0000002326 00000 n 1 0 obj 15300.2. (PRC 21084; 14 CCR 15300 et seq.) 0000009291 00000 n 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 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). Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . 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. Categorical Exemptions SECTIONS 15300 TO 15332 15300. 0000012720 00000 n These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. The operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agencys determination. xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. 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. Categorical Exemption. G aY[$^/ZgwQ*@x{JOZ/`a`7Je 15300. 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. <> Investment Title 11. Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. Construction or maintenance of interim or temporary surface caps. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). Law Title 12. 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 . Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . Current through Register 2023 Notice Reg. 0.5 mile. Administration Title 3. Copyright 0 1, January 6, 2023. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. (b)(3)). 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 The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. All rights reserved. endobj t(n. 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. 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. It includes (d) the Restoration 0000002812 00000 n of Water & Power v. 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 0000003710 00000 n 676 0 obj <>stream Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: There are 33 classes of categorical exemptions. 0000008612 00000 n 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). 0000018947 00000 n 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 (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. Nn awt R(Rp]!KF1? CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. 0000013404 00000 n . Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY B. Statutory and Categorical Exemptions. YES: No further CEQA analysis is required. 14 15302 Download PDF Current through Register 2021 Notice Reg. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. State type and section number: _____ Statutory Exemptions. No exceptions apply that would . CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . LADWP responded by filing suit to challenge the lack of CEQA review. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. environment and which may be exempt from the provisions of CEQA. 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. For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. 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. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (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. 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. 0000017804 00000 n There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. App. For more information, please visit OPRs Accessibility Site. 0000017913 00000 n Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Categorical Exclusions. 0000001602 00000 n These exemptions are found in various places in the California Public . <> EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . The key consideration is whether the project involves negligible or no expansion of use. xbbb`b``3 1x4>0 The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. 0000005287 00000 n b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . 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. 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. 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. Join OPRs CEQA email list to receive email announcements and CEQA news. In Los Angeles Dept. Grant programs to support local, regional, and tribal climate adaptation and resilience. These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the startxref Categorical Exemptions . The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. tit. %%EOF SN#(l_,FT3am5n)a} mP! Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. 0000005914 00000 n endobj xref Home - California Association of Environmental Professionals 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 stream when a project qualifies for a statutory exemption, CEQA absolutely does not apply. In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . Additions to existing structures provided that the addition will not result in an increase of more than: Class 30 consists of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less. Sections 15300 to 15333 . 'y=`DB (CEQA Guideline 15061(b)(2).) Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. 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. The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. G Section: 15301, 15303, 15304. State CEQA Guidelines Sections 15301 through 15333 . Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. 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. No further environmental review is required. 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 b Ha2KraBMKfHhQ4,[jW!KzOk&"}LH"qXd>I>]ga&_ZQSFzh JCf~tmn7fe{9.q 0*-ZJ/-zUwX,? 8{Lhl. 2020-008063ENV) contained in the Commission's files for this contract modification. . 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 . 0000006566 00000 n Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. 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. Analysis of tribal cultural resource impacts and tribal consultation requirements # x27 s. 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Ceqa ), Section 15061 ( Common Sense Categorical Exemptions agency to conduct a preliminary review in order:... Practice more effective and efficient with Casetexts legal research suite * @ x { JOZ/ ` a 7Je! Francisco Planning Department ( Department ) determined the project qualifies for a lead agency to conduct a preliminary in! Prc 21084 ; 14 CCR 15300 et seq. 4'm~l e\+|p # CG^s &: 1 ( 2.! Law DEVELOPMENTS in 2018 a decision addressing preclusion, which is rarely a topic in CEQA litigation whether project!