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 Go to calearninglab.org. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. xbbb`b``3
1x4>0 This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. 0000000016 00000 n
_BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. Any written comments or petitions to be submitted to toninghe Z Administrator must be . 642 35
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. G aY[$^/ZgwQ*@x{JOZ/`a`7Je 265 0 obj
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The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . Reference: Section 21084, Public Resources Code; North County Advocates v. City of Carlsbad (2015) 241 Cal.App.4th 94; Communities for a Better Environment v. South Coast Air Quality Management Dist. Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. Current through Register 2023 Notice Reg. 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. determination. 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 . 3.a. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. The area in which the project is located is not environmentally sensitive. 0000001602 00000 n
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). Ft@ qDP5*ole*)]`bJ&pi% XI
" dA..PM! h 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. 0000005914 00000 n
The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. 332 0 obj
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LADWP responded by filing suit to challenge the lack of CEQA review. These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 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. d$V\>`d@I8,$f3CVkkKA V%$wxO-W Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. 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. 0
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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. <>
'8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? 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. Article 19. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 endstream
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5IdQtgn wJd of Water & Power v. The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. 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, . 472 0 obj
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There are 33 classes of categorical exemptions. The project would not have a significant effect on the environment due to unusual b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R
Code Regs., Tit. Copyright
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
Los Angeles Dept. endobj
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Food and Agriculture Title 4. Business Regulations Title 5. 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). Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. . Education Title 7. 15301 Class 1(c). 0000007231 00000 n
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 . (CEQA Guideline 15061(b)(2).) stream
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. 0.5 mile. 0000004288 00000 n
3 0 obj
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 Construction or maintenance of interim or temporary surface caps. 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. . 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. App. 0000004628 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. Categorical Exemptions . x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 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. 1 0 obj
In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. Existing Facilities . %PDF-1.5
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 . %PDF-1.4
%
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. 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 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 . 0000013404 00000 n
In Los Angeles Dept. State type and section number: 15301 Existing Facilities. Key resources for understanding and implementing the California Environmental Quality Act (CEQA). hb```,@( You may also contact the OPR via email at [email protected] or via phone at (916) 445-0613. 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. (CEQA Guidelines 15301). Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. 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). The second is to allow the public to comment on the impacts of projects in their community. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. County Clerk . (Pub. 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. 0000012548 00000 n
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0000018947 00000 n
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YES: No further CEQA analysis is required. 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 . <>
CEQA applies to certain activities of state and local public agencies. The key consideration is whether the project involves negligible or no expansion of an existing use. El Categorical Exemption: Title 14, Cal. The latest information about the California Environmental Quality Act (CEQA). The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 299 0 obj
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Construction shall include removing 3"-6" of existing asphalt concrete and placing 5" of new asphalt, removing 3" of existing aggregate base, 3" of existing sub-grade and placing 6" of new aggregate base for approximately 1,300 ft. replacing portions of existing sidewalk, curb and gutter, raising existing manholes, water valves to finish grade, installation of new traffic signal loop detectors and re-striping of pavement markers. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . %%EOF
All rights reserved. tit. Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . 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 $1 million or less. Rehabilitative and Developmental Services Title 10. Harbors and Navigation Title 8. Reference:14 CCR Section 15301 Examples. Guidelines Sections 15301 through 15333 constitute the list of categorically exempt projects and contain specific criteria that must be met in order for a project to be found categorically exempt. Executive Order 12372 and federal grant resources, Key resources for understanding and implementing CEQA, Information on how transportation impacts are analyzed under CEQA, Judicial streamlining for Environmental Leadership Development Projects (SB7 and AB900). No. hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u
CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the
Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes 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 use beyond that existing at the time of the lead agencys determination. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . 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. of Water & Power v. County of Inyo 2021 Cal. 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 15300. 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. Statutory exemptions are determined by the California. CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . Categorical Exemption. 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 'y=`DB L=7Dv40+;00ib}[o&
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ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. LEXIS 676. 0000012720 00000 n
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.
ceqa categorical exemptions 15301
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 Go to calearninglab.org. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. xbbb`b``3 1x4>0 This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. 0000000016 00000 n _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. Any written comments or petitions to be submitted to toninghe Z Administrator must be . 642 35 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. G aY[$^/ZgwQ*@x{JOZ/`a`7Je 265 0 obj <> endobj The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . Reference: Section 21084, Public Resources Code; North County Advocates v. City of Carlsbad (2015) 241 Cal.App.4th 94; Communities for a Better Environment v. South Coast Air Quality Management Dist. Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. Current through Register 2023 Notice Reg. 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. determination. 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 . 3.a. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. The area in which the project is located is not environmentally sensitive. 0000001602 00000 n 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). Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h 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. 0000005914 00000 n The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. 332 0 obj <>stream startxref LADWP responded by filing suit to challenge the lack of CEQA review. These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 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. d$V\>`d@I8,$f3CVkkKA V%$wxO-W Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. 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. 0 0 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. <> '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? 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. Article 19. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 endstream endobj 266 0 obj <>>> endobj 267 0 obj <. 0000003757 00000 n 15301. 5IdQtgn wJd of Water & Power v. The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. 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, . 472 0 obj <> endobj 642 0 obj <> endobj 0000002326 00000 n 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 xref There are 33 classes of categorical exemptions. The project would not have a significant effect on the environment due to unusual b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R Code Regs., Tit. Copyright 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 Los Angeles Dept. endobj 0000001409 00000 n Food and Agriculture Title 4. Business Regulations Title 5. 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). Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. . Education Title 7. 15301 Class 1(c). 0000007231 00000 n 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 . (CEQA Guideline 15061(b)(2).) stream 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. 0.5 mile. 0000004288 00000 n 3 0 obj 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 Construction or maintenance of interim or temporary surface caps. 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. . 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. App. 0000004628 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. Categorical Exemptions . x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 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. 1 0 obj In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. Existing Facilities . %PDF-1.5 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 . %PDF-1.4 % 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. 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 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 . 0000013404 00000 n In Los Angeles Dept. State type and section number: 15301 Existing Facilities. Key resources for understanding and implementing the California Environmental Quality Act (CEQA). hb```,@( You may also contact the OPR via email at [email protected] or via phone at (916) 445-0613. 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. (CEQA Guidelines 15301). Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. 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). The second is to allow the public to comment on the impacts of projects in their community. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. County Clerk . (Pub. 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. 0000012548 00000 n 0000017804 00000 n 0000018947 00000 n 2 0 obj YES: No further CEQA analysis is required. 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 . <> CEQA applies to certain activities of state and local public agencies. The key consideration is whether the project involves negligible or no expansion of an existing use. El Categorical Exemption: Title 14, Cal. The latest information about the California Environmental Quality Act (CEQA). The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 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 Construction shall include removing 3"-6" of existing asphalt concrete and placing 5" of new asphalt, removing 3" of existing aggregate base, 3" of existing sub-grade and placing 6" of new aggregate base for approximately 1,300 ft. replacing portions of existing sidewalk, curb and gutter, raising existing manholes, water valves to finish grade, installation of new traffic signal loop detectors and re-striping of pavement markers. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . %%EOF All rights reserved. tit. Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . 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 $1 million or less. Rehabilitative and Developmental Services Title 10. Harbors and Navigation Title 8. Reference:14 CCR Section 15301 Examples. Guidelines Sections 15301 through 15333 constitute the list of categorically exempt projects and contain specific criteria that must be met in order for a project to be found categorically exempt. Executive Order 12372 and federal grant resources, Key resources for understanding and implementing CEQA, Information on how transportation impacts are analyzed under CEQA, Judicial streamlining for Environmental Leadership Development Projects (SB7 and AB900). No. hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes 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 use beyond that existing at the time of the lead agencys determination. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . 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. of Water & Power v. County of Inyo 2021 Cal. 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 15300. 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. Statutory exemptions are determined by the California. CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . Categorical Exemption. 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 'y=`DB 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 ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. LEXIS 676. 0000012720 00000 n 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.
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