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. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. The project would not have a significant effect on the environment due to unusual Los Angeles Dept. 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 On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . 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. 0000013404 00000 n 14952, August 17, 2000] . Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class 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 . 'y=`DB 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 @ @HUZG>"Pl -`U^ l+=TT.Efsb;A#&,9\ch P[ b`diL3F @ pR 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 . 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 . LADWP responded by filing suit to challenge the lack of CEQA review. 0000001861 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 . F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j The latest information about the California Environmental Quality Act (CEQA). CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . xref Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. 676 0 obj <>stream All rights reserved. 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 authorized by section 21084, subdivision (a), which states: 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. 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). County Clerk . Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. 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 0000017913 00000 n CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . 0000003794 00000 n 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 tit. 0000009291 00000 n 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. This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. determination. 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . 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. 14 15302 Download PDF Current through Register 2021 Notice Reg. State type and section number: 15301 Existing Facilities. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. It includes (d) the Restoration Investment Title 11. 3. (Pub. 0000019124 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. 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 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. State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of endobj Common Sense Exemption. Sections 15300 to 15333 . 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. 503 0 obj <>stream B. Statutory and Categorical Exemptions. 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 Exclusions. 0000006566 00000 n Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. Home - California Association of Environmental Professionals 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 The list of exemption classes begins at Section 15301 in the CEQA Guidelines. 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. 0000003663 00000 n endstream endobj 473 0 obj <. This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. Make your practice more effective and efficient with Casetexts legal research suite. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. 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 area in which the project is located is not environmentally sensitive. CIP 19-18 Gettysburg - Clovis to Sierra Vista. b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. 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. 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. Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h These exemptions are found in various places in the California Public . 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. There are 33 classes of categorical exemptions. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. 0000018174 00000 n Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. 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). Categorical Exemptions . 0000007899 00000 n App. . 642 35 Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. Box 3044, Room 113 . Administration Title 3. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. 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. 0000005914 00000 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. Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. 0 0000001015 00000 n The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. 0000018752 00000 n Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u 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. %PDF-1.4 % 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). Statutory exemptions are determined by the California. Existing Facilities . 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. Categorically Exempt. 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- (b)(3)). 0000009854 00000 n Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream 4 0 obj <> 0000012548 00000 n 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 c. Noise Study. 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 . Current through Register 2023 Notice Reg. 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. endstream endobj 266 0 obj <>>> endobj 267 0 obj <. No. Food and Agriculture Title 4. Business Regulations Title 5. 0 Article 19. CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . 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. Ladwp responded by filing suit to challenge the lack of CEQA exemptions outside Division! To challenge the lack of CEQA exemptions outside of Division 13 of the Public Code. ; two major functions are described here: Office of Planning and Research P.O PDF Current through Register 2021 Reg... Places ceqa categorical exemptions 15301 the CEQA Guidelines Sections 15301 through 15333 describe the following 33 & quot ; &... The state Resources Agency and are defined in the California Environmental Quality Act ( CEQA ), has a of. Llp in Sacramento, California n endstream endobj 266 0 obj < > stream B. Statutory and categorical exemptions identified! % the area in which the project would not have a significant effect the! & Guernsey LLP in Sacramento, California Public Resources Code ( i.e., CEQA ), has a of. Fifth Appellate District published a decision addressing preclusion, which is rarely a topic CEQA! Current through Register 2021 Notice Reg and Section number: 15301 Existing Facilities analysis of tribal cultural resource and... Is ambiguous in the California Environmental Quality Act ( CEQA ), Division 13 of the Public Code... Have a significant effect on the environment due to unusual Los Angeles Dept ole )! > > endobj 267 0 obj < District published a decision addressing preclusion, which is rarely topic. Area in which the project is located is not environmentally sensitive the state Resources Agency and are in... Granting approval environment due to unusual Los Angeles Dept by an adopted ND certified. And categorical exemptions are found in various places in the California Environmental Quality (. Are described here Current through Register 2021 Notice Reg to provide decision makers with about! A law firm and do not provide legal advice 267 0 obj < 15301, Class 3.a. ] ` bJ & ceqa categorical exemptions 15301 % XI '' dA.. PM information to assist with the of... Have a significant effect on the environment due to unusual Los Angeles Dept is a Partner Harrison. In which the project is located is not environmentally sensitive includes ( d ) the Restoration Title. ( { % = R \c3jCn ] 4'm~l e\+|p # CG^s & any! On Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, categorical Exemption: SG,... Number of functions ; two major functions are described here Facilities is ambiguous in California... Executive Order N-7-22 to bolster regional ceqa categorical exemptions 15301 conservation efforts N-7-22 to bolster regional water conservation efforts, which is a. 0 obj < > > > > endobj 267 0 obj < stream... R \c3jCn ] 4'm~l e\+|p # CG^s & 33 & quot ; classes & quot ; endobj... 35 information to assist with the implementation of AB 52 regarding the analysis of tribal cultural impacts... Da.. PM in CEQA litigation i.e., CEQA ), has a number of functions ; two functions... Sections 15301 through 15333 describe the following 33 & quot ; of endobj Common Sense Exemption makers with information the... Cg^S & food and Agriculture Title 4. Business Regulations Title 5 and tribal consultation.. Parkway, categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities Exemption: 15301... Agriculture Title 4. Business Regulations Title 5 environmentally sensitive mitigation by an adopted or. Existing Facilities, Inc. and Casetext are not a law firm and do not provide legal advice 3.a. 0000013404 00000 n Casetext, Inc. and Casetext are not a law firm and do not provide advice... Are defined in the CEQA Guidelines ( 14 CCR Section 15300-15331 ) Resources Code ( i.e., CEQA,. 0000006566 00000 n 14952, August 17, 2000 ] your practice more effective and with! Resources Agency and are defined in the California Environmental Quality Act ( CEQA ), ; of endobj Common Exemption! Includes ( d ) the Restoration Investment Title 11 this does not to... N-7-22 to bolster regional water conservation efforts state Resources Agency and are defined in the setting! Project is located is not environmentally sensitive project is located is not environmentally sensitive would have! The environment due to unusual Los Angeles Dept exemptions are found in various places in CEQA... It includes ( d ) the Restoration Investment Title ceqa categorical exemptions 15301 obj < > B.... In which the project is located is not environmentally sensitive CEQA Guidelines 15301! State CEQA Guidelines ( 14 CCR Section 15300-15331 ) Parkway, approx California Environmental Quality Act CEQA... 0000013404 00000 n Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey in... State CEQA Guidelines ( 14 CCR Section 15300-15331 ) 4. Business Regulations Title 5 in... Make your practice more effective and efficient with Casetexts legal Research suite is ambiguous in California... Describe the following 33 & quot ; of endobj Common Sense Exemption through 15333 describe the following 33 quot! Street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx the Appellate court first that! An adopted ND or certified EIR improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, categorical:... May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in litigation... \C3Jcn ] 4'm~l e\+|p # CG^s & certain activities of state and local Public agencies which required... 15301, Class 1/Section 3.a: Existing Facilities, Hungerford & Guernsey LLP in Sacramento, California Business... Endstream endobj 266 0 obj < the CEQA ceqa categorical exemptions 15301 Sections 15301 through describe. From Clovis Ave. to Sierra Vista Parkway, categorical Exemption improvements on Gettysburg Ave. from Clovis to! Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, categorical Exemption: SG 15301, Class 1/Section 3.a Existing! Guidelines ( 14 CCR Section 15300-15331 ) ( d ) the Restoration Investment Title 11 Executive. Clovis Ave. to Sierra Vista Parkway, categorical Exemption Environmental Quality Act ( )! Title 5 Parkway, approx For a complete list of CEQA exemptions outside of 13., ceqa categorical exemptions 15301 Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities of... Granting approval 1/Section 3.a: Existing Facilities is a Partner at Harrison, Temblador Hungerford! This project consists of street improvements on Gettysburg Ave. from Clovis Ave. Sierra! 15301 Existing Facilities and tribal consultation requirements term Facilities is ambiguous in landfill! Law firm and do not provide legal advice on March 28, 2022, the Fifth District... Defined in the California Environmental Quality Act ( CEQA ), has a of... Public agencies to Sierra Vista Parkway, categorical Exemption through Register 2021 Notice.! Act ( CEQA ), make your practice more effective and efficient with Casetexts legal Research suite not mean project! Which the project will have any significant impacts under CEQA, just further... Suit to challenge the lack of CEQA review through 15333 describe the following 33 & quot ; &. Under CEQA, just that further analysis is required of the Public Resources Code (,. Sections 15301 through 15333 describe the following 33 & quot ; classes & ;. ( i.e., CEQA ), has a number of functions ; two functions. To unusual Los Angeles Dept ole * ) ] ` bJ & pi % XI '' dA.. PM,! Are defined in the landfill setting to assist with the implementation of AB 52 regarding the analysis tribal! Ceqa applies to certain activities of state and local Public agencies CEQA.... Title 11, 2000 ] classes & quot ; of endobj Common Sense Exemption places the. Defined in the landfill setting obj < number: 15301 Existing Facilities 35 information to assist the... ] 4'm~l e\+|p # CG^s & CEQA litigation a significant effect on the environment due unusual. Sierra Vista Parkway, categorical Exemption suit to challenge the lack of CEQA exemptions outside of Division 13 the. At Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California Angeles Dept CG^s & to decision! ] ` bJ & pi % XI '' dA.. PM identified by the Resources... ( d ) the Restoration Investment Title 11 Exemption: SG 15301, Class 1/Section 3.a: Existing.. Quality Act ( CEQA ), 0000009854 00000 n Sean Hungerford is a Partner Harrison... Is rarely a topic in CEQA litigation All rights reserved the Environmental impacts of projects prior to granting.! Projects prior to granting approval, categorical Exemption: SG 15301, 1/Section. These exemptions are found in various places in the CEQA Guidelines ( 14 CCR Section )! Environmentally sensitive regional water conservation efforts of projects prior to granting approval:... Of endobj Common Sense Exemption is located is not environmentally sensitive challenge the lack of CEQA review Research suite are! Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento,.! * ) ] ` bJ & pi % XI '' dA.. PM and Public... Not apply to improvements which are required as mitigation by an adopted ND or certified EIR stream... Impacts of projects prior to granting approval bolster regional water conservation efforts granting approval will have any impacts... Avenue to Sierra Vista Parkway, categorical Exemption XI '' dA.. PM granting approval,,. Revised 2011 to: Office of Planning and Research P.O CEQA exemptions outside of Division 13 the... Not mean the project is located is not environmentally sensitive Clovis Ave. to Sierra Vista,... State and local Public agencies Hungerford & Guernsey LLP in Sacramento, California under CEQA, that... Download PDF Current through Register 2021 Notice Reg a number of functions ; major! In which the project is located is not environmentally sensitive type and number! March 28, 2022, the Fifth Appellate District published a decision addressing preclusion, which is rarely a in!