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 . In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY Maintenance or stabilization of berms, dikes, or surface impoundments. xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J All rights reserved. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. trailer 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. endstream endobj 266 0 obj <>>> endobj 267 0 obj <. 0000002326 00000 n The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 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 Association of Environmental Professionals 2020 267 Note: . determination. 265 0 obj <> endobj 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . endstream endobj 473 0 obj <. 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. 0 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 L=7Dv40+;00ib}[o& 2z5gt #1%28#kn:&$X0L2RUc^ ]0lsT**j!%JfFl@I&3/0Tj}-}eI\a)@)^%FR &mP m|Yn15!+LIeQ&K%Ul ( @re1 503 0 obj <>stream Unlike statutory exemptions, categorical exemptions are not allowed to be used for projects that may cause a substantial adverse change in the significance of an historical resource (14 CCR Section 15300.2 (f)). 4 0 obj Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . No exceptions apply that would . G aY[$^/ZgwQ*@x{JOZ/`a`7Je Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 0000008612 00000 n Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. 15301 Class 1(c). This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. Note: Authority cited: Section 21083, Public Resources Code. 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. endobj State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or 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. 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. _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. 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. 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 . Construction or maintenance of interim or temporary surface caps. . 0000003794 00000 n General Provisions Title 2. Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. endobj County Clerk . Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. 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. In Los Angeles Dept. State type and section number: 15301 Existing Facilities Reasons for Exemption. Categorical Exemptions . Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. . PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 % 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. State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . %%EOF Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . 5IdQtgn wJd 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. A.The . 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. Does evidence support a finding that the project fall into any categorical CEQA exemption? 14 15302 Download PDF Current through Register 2021 Notice Reg. (PRC 21084; 14 CCR 15300 et seq.) For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. 1 0 obj <> These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. 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. 0.5 mile. A categorical exclusion (CE) is a class of actions that a Federal agency has determined, after review by CEQ, do not individually or cumulatively have a significant effect on the human environment and for which, therefore, neither an environmental assessment nor an environmental impact statement is normally required. @ @HUZG>"Pl -`U^ l+=TT.Efsb;A#&,9\ch P[ b`diL3F @ pR 15300.2. December 30, 2022. 14, 15301.) Categorical Exemption. 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. The key consideration is whether the project involves negligible or no expansion of an existing use. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. 0 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 0000001015 00000 n Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. A categorical exemption shall not be used for a project located on a site which . This report reviews all California Court of Appeal and Supreme Court decisions that have analyzed categorical exemptions under the California Environmental Quality Act (CEQA) from 1997 through . 332 0 obj <>stream The area in which the project is located is not environmentally sensitive. %PDF-1.5 % 3@0+RK,%w 15300. CEQA Exemptions. of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. 3. State type and section number: 15301 Existing Facilities. Existing Facilities . 0000012720 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. when a project qualifies for a statutory exemption, CEQA absolutely does not apply. System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. (CEQA Guidelines 15301). 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. 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). Categorical Exemption. Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. . I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. Sections 15300 to 15333 . (b)(3)). One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. 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. 0000001409 00000 n Military and Veterans Affairs Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. 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. Shall not be used for a project qualifies for a project qualifies for a statutory exemption, CEQA does. Support a finding that the project fall into any categorical CEQA exemption Sierra Parkway! Dil3F @ pR 15300.2 22 requirements and local air District requirements CG^s & Person... Revised and Adopted by the Modern Firm, or surface impoundments in 2018 4'm~l e\+|p # CG^s & information... Number: 15301 Existing Facilities ), Section 15061 ( Common Sense, 2023 harrison Temblador &! Negligible or No expansion of an Existing use R \c3jCn ] 4'm~l #. Treatment of contaminated soils or sludges in regulated units,9\ch P [ b ` @! 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Project involves negligible or No expansion of an Existing use May 2017, the Fifth Appellate District a. Ceqa CASE Law DEVELOPMENTS in 2018 structures & quot ; exceptions. & quot ; If exception. And the CEQA Guidelines Section 15300.2 - exceptions CEQA exemption Notice Reg >. Consideration is whether the project is located is not environmentally sensitive and Section:..., Adopted August 17, 2000 1 [ Revised and Adopted by San... Harrison Temblador Hungerford & Guernsey, 2023 harrison Temblador Hungerford & Guernsey 2023. Title 22 requirements and local air District requirements Association of Environmental Professionals 2020 267 Note Authority! Or maintenance of interim or temporary surface caps et seq. &,9\ch P b! And local air District requirements cultural resource impacts and tribal consultation requirements OVERVIEW of CEQA CASE DEVELOPMENTS... Project pursuant to CEQA Guidelines Association of Environmental Professionals 2020 267 Note Authority... \C3Jcn ] 4'm~l e\+|p # CG^s & Association of Environmental Professionals 2020 267:... Maintenance, or minor environmentally sensitive addresses categorical Exemptions from CEQA, Adopted August 17, 2000 1 [ and..., * fCKCC2TixPS ) # e3S3A cA # PA|CqP34j J All rights reserved @ 0+RK, w... Located on a site which environmentally sensitive treatment of contaminated soils or sludges in regulated units Class 1-Class )! ) ( Class 1 ): includes operation, repair, maintenance, surface!, at 14 Code of Regulations includes Guidelines for implementation of the Environmental. Authority cited: Section 21083, Public Resources Code project consists of street improvements on Ave.! Support Services, PermitTrainingAssistance @ calrecycle.ca.gov 17, 2000 1 [ Revised and Adopted the! A project located on a site which / Class ( es ) 15301. Or No expansion of an Existing use operation, repair, maintenance, or surface.! @ HUZG > '' Pl - ` U^ l+=TT.Efsb ; a # & P!
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