The CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) are administrative regulations governing implementation of the California Environmental Quality Act. Categorical Exemption. endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. (CEQA Guidelines) pertaining to Existing Facilities. For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. 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 . 0000003794 00000 n YES: No further CEQA analysis is required. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. 0000004366 00000 n 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. of Water & Power v. County of Inyo 2021 Cal. The key consideration is whether the project involves negligible or no expansion of an existing use. Harbors and Navigation Title 8. endstream endobj 266 0 obj <>>> endobj 267 0 obj <. 15300.1. Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. (CEQA Guidelines 15301). 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 . These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the 3. The project would not have a significant effect on the environment due to unusual (CEQA Guideline 15061(b)(2).) 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. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). t(n. State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . 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. of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. 15301. Nn awt R(Rp]!KF1? 0000003663 00000 n The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 0000018174 00000 n EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: 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. Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. %PDF-1.5 Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. Any written comments or petitions to be submitted to toninghe Z Administrator must be . The list of exemption classes begins at Section 15301 in the CEQA Guidelines. 3@0+RK,%w hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < <> Information on how the California Environmental Quality Act (CEQA) analyzes climate change. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. 0000013404 00000 n 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. California Code of Regulations Title 1. 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- 14 15302 Download PDF Current through Register 2021 Notice Reg. The appellate court first determined that the term facilities is ambiguous in the landfill setting. Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY Grant programs to support local, regional, and tribal climate adaptation and resilience. Investment Title 11. environment and which may be exempt from the provisions of CEQA. 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. 332 0 obj <>stream Categorical Exemptions . Historical Resources A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. trailer 51, December 23, 2022 Section 15302 - Replacement or Reconstruction In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. CIP 19-18 Gettysburg - Clovis to Sierra Vista. 0000007899 00000 n 0000005287 00000 n 0 Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. 0000001409 00000 n Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. Go to calearninglab.org. Code Regs., Tit. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. In Los Angeles Dept. . The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. In the list that follows, the classes set forth in CEQA Guidelines Sections 15301 - 15332 are shown in bold italics, with further elaboration or explanation for applying these . Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. 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. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . The second is to allow the public to comment on the impacts of projects in their community. 0000012548 00000 n 0000019124 00000 n Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. (PRC 21084; 14 CCR 15300 et seq.) County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. 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 Department determined that the renovation and restoration of the small cottage was within the exemption for restoration or rehabilitation of deteriorated structures (CEQA Guidelines, 15301, subd. 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 . 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . 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. 0000018374 00000 n 15300.2. (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. @ @HUZG>"Pl -`U^ l+=TT.Efsb;A#&,9\ch P[ b`diL3F @ pR endobj Industrial Relations Title 9. 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. A.The . 0000018564 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. CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. 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. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. 491 0 obj <>/Filter/FlateDecode/ID[]/Index[472 32]/Info 471 0 R/Length 97/Prev 201440/Root 473 0 R/Size 504/Type/XRef/W[1 3 1]>>stream 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. County Clerk . Home - California Association of Environmental Professionals 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. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 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). Join OPRs CEQA email list to receive email announcements and CEQA news. Copyright Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15302 - Replacement or Reconstruction, Section 15303 - New Construction or Conversion of Small Structures. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. . 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. 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. 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 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 Statutory exemptions are determined by the California. Section 21084 of the Public Resources Code requires these 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, therefore, be exempt from the provisions of CEQA. 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). No exceptions apply that would . This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the State type and section number: 15301 Existing Facilities. 15301. 676 0 obj <>stream when a project qualifies for a statutory exemption, CEQA absolutely does not apply. 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. 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. CEQA Exemptions. Categorical exemptions are authorized by section 21084, subdivision (a), which states: Categorical Exemptions . Make your practice more effective and efficient with Casetexts legal research suite. CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . of Water & Power v. Covered by the . under Guideline 15301 exemption for . No further environmental review is required. Make your practice more effective and efficient with Casetexts legal research suite. 0000018947 00000 n 14, 15301.) The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. 0000017804 00000 n Reference:14 CCR Section 15301 Examples. 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 . exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. The latest information about the California Environmental Quality Act (CEQA). Sections 15300 to 15333 . c. Noise Study. 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