App. The CEQA Guidelines include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. (b)(3)). 472 0 obj <> endobj 0000004628 00000 n Executive Order 12372 and federal grant resources, Key resources for understanding and implementing CEQA, Information on how transportation impacts are analyzed under CEQA, Judicial streamlining for Environmental Leadership Development Projects (SB7 and AB900). 0 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. Statutory exemptions are determined by the California. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. endstream endobj 266 0 obj <>>> endobj 267 0 obj <. when a project qualifies for a statutory exemption, CEQA absolutely does not apply. No. 1, January 6, 2023. 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 2020-008063ENV) contained in the Commission's files for this contract modification. In Los Angeles Dept. 23 . <<7FE8881F557E0C409E861FB714589C0C>]>> Categorical exemptions are authorized by section 21084, subdivision (a), which states: Existing Facilities . 0000001015 00000 n 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. 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . endstream endobj startxref Exceptions to Categorical Exemptions If the project is determined to be categorically exempt, Caltrans must consider whether the exemption is negated by an exception pursuant to CEQA Guidelines, Section 15300.2, and Public Resources Code, Section 21084. tit. 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. Information on how the California Environmental Quality Act (CEQA) analyzes climate change. 0000018174 00000 n Industrial Relations Title 9. 0000004366 00000 n This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. El Categorical Exemption: Title 14, Cal. Administration Title 3. 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). Application of dust suppressants or dust binders to surface soils. 3@0+RK,%w Any written comments or petitions to be submitted to toninghe Z Administrator must be . 14952, August 17, 2000] . 0000003193 00000 n 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. Categorical Exemptions . Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. 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. Current through Register 2023 Notice Reg. NO: Consideration should be given to categorical exemptions (continue to step II B). 0000007231 00000 n xref Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 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. If you are just beginning to learn about CEQA, visit our Getting Started page. 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 Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. 0000017804 00000 n (CEQA Guideline 15061(b)(2).) Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j The area in which the project is located is not environmentally sensitive. I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. 0000019124 00000 n Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. No exceptions apply that would . Categorical Exemptions from the California Environmental Quality Act (CEQA) The California Environmental Quality Act (CEQA) and the Guidelines for implementation of CEQA adopted by the Secretary of the California Resources Agency require that local agencies adopt a list of categorical exemptions from CEQA. B. Categorically Exempt. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. 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). (Cal. 0000004038 00000 n (Pub. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . 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. tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + During its initial review of the project the city planning department determined that it qualified for two categorical exemptions from CEQA, CEQA Guidelines section 15301(d) (restoration or rehabilitation of deteriorated structures) and CEQA Guidelines section 15303(b) (multi-family residential structure totaling no more than four units. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. 2ti&Dx2}F$].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 (CEQA Guidelines 15301). State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of 15300.1. 2023 State of California. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. xbbb`b``3 1x4>0 Categorical Exemptions SECTIONS 15300 TO 15332 15300. 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. 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. 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 endobj Article 19. 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 . The court then proceeded to resolve the ambiguity by finding that unlined landfills pose a range of adverse impacts (to groundwater, air and public health) that make it unsuitable for the exemption. Under CEQA Guidelines section 15301, the key consideration in applying a Class 1 exemption is "whether the project involves negligible or no expansion of use of existing facilities." In recent years, the school used temporary (portable) lights at the stadium for a total of approximately 40-50 evenings per year. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . There are 33 classes of categorical exemptions. 0000005914 00000 n 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. Rehabilitative and Developmental Services Title 10. Harbors and Navigation Title 8. The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. 0 To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. endstream endobj 473 0 obj <. @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* Does evidence support a finding that the project fall into any categorical CEQA exemption? %%EOF State type and section number: 15301 Existing Facilities Reasons for Exemption. %PDF-1.5 hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < LADWP responded by filing suit to challenge the lack of CEQA review. 1, January 6, 2023. Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). 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. <>>> CIP 19-18 Gettysburg - Clovis to Sierra Vista. determination. 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). California Code of Regulations Title 1. Current through Register 2023 Notice Reg. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. 0000009854 00000 n endobj % The key consideration is whether the project involves negligible or no expansion of use. 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. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. 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. %PDF-1.5 % The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. Information on the regulations implementing the California Environmental Quality Act (CEQA). 0000007899 00000 n 503 0 obj <>stream %%EOF Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 15301. 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 . 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 No further environmental review is required. 0000002812 00000 n ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. Categorical Exemptions . 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 . Common Sense Exemption. 5IdQtgn wJd The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective. State CEQA Guidelines Sections 15301 through 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 . Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. CEQA Basics. CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. 3.a. 3. 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. 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. A.The . State type and section number: _____ Statutory Exemptions. du{(5S{Sog;i 0000009291 00000 n Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. The decision tracked the reasoning of an earlier case, Azusa Land Reclamation Co. v. Main San Gabriel Basin Watermaster (1997) 52 Cal.App.4th 1165, which also found the exemption ambiguous as applied to a landfill. Reference: Section 21084, Public Resources Code. These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the The latest information about the California Environmental Quality Act (CEQA). Home - California Association of Environmental Professionals 2 0 obj Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. 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. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. Go to calearninglab.org. 14, 15301.) 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. 642 0 obj <> endobj 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. Facilities: a Class 1 Exemption of dust suppressants or dust binders to surface soils and adaptation. And Class 3 Section 15303 ( a ). 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