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. The key consideration is whether the project involves negligible or no expansion of an existing use. Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of Key resources for understanding and implementing the California Environmental Quality Act (CEQA). On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . 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. No. CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . 14952, August 17, 2000] . CEQA Exemptions. 5IdQtgn wJd 15301. (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . NO: Consideration should be given to categorical exemptions (continue to step II B). 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. LEXIS 676. 2023 State of 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. 0000001861 00000 n G Section: 15301, 15303, 15304. _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. 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 . 1, January 6, 2023. Nn awt R(Rp]!KF1? CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. hb```f`` @16- 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. du{(5S{Sog;i One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. No further environmental review is required. CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . Industrial Relations Title 9. 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. %%EOF This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. El Categorical Exemption: Title 14, Cal. (Cal. 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. 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. Sections 15300 to 15333 . x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: 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. Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. Join OPRs CEQA email list to receive email announcements and CEQA news. 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. 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. 1 0 obj CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. These exemptions are found in various places in the California Public . The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 2020-008063ENV) contained in the Commission's files for this contract modification. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. 0000001015 00000 n 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. 3. Reference:14 CCR Section 15301 Examples. Copyright The appellate court first determined that the term facilities is ambiguous in the landfill setting. 0 0000012720 00000 n The latest information about the California Environmental Quality Act (CEQA). endobj 265 0 obj <> endobj Actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. <> Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). 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 Code Regs. 0000003757 00000 n The project would not have a significant effect on the environment due to unusual 23 . 51, December 23, 2022 Section 15302 - Replacement or Reconstruction State type and section number: _____ Statutory Exemptions. endobj 14, 15301.) I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 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. 0000003710 00000 n A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. 0000012548 00000 n Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. %PDF-1.4 % Categorical Exemptions SECTIONS 15300 TO 15332 15300. 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 0000009854 00000 n 'y=`DB California Code of Regulations Title 1. Maintenance or stabilization of berms, dikes, or surface impoundments. 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). CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . 2 0 obj hb```,@( A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . xref Current through Register 2023 Notice Reg. 642 0 obj <> endobj 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . %PDF-1.5 Current through Register 2023 Notice Reg. 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. Covered by the . There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. 0000005287 00000 n t(n. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 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). Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 0000005914 00000 n 0 Administration Title 3. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. 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. B. Statutory and Categorical Exemptions. 0000007899 00000 n (CEQA Guidelines 15301). Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. 0000008612 00000 n General Provisions Title 2. The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. Food and Agriculture Title 4. Business Regulations Title 5. 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. 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . 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). endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream 0000002812 00000 n Military and Veterans Affairs 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. LADWP responded by filing suit to challenge the lack of CEQA review. Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h 0000003663 00000 n (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. 0000017804 00000 n December 30, 2022. 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 . 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. SN#(l_,FT3am5n)a} mP! tit. 3@0+RK,%w 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. 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