ceqa categorical exemptions 15301

(CEQA Guideline 15061(b)(2).) (Cal. xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY 1, January 6, 2023. 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . 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 . 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. 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. 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). Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 676 0 obj <>stream (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. Maintenance or stabilization of berms, dikes, or surface impoundments. x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: 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. %%EOF Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . Grant programs to support local, regional, and tribal climate adaptation and resilience. 3 0 obj Categorical Exemption. 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. No exceptions apply that would . Key resources for understanding and implementing the California Environmental Quality Act (CEQA). The Director of CDFW has concurred with the lead agency determination by the California Natural Resources Agency that the Bombay Beach Wetland Enhancement Project (PDF) (opens in new tab) qualifies as a statutorily exempt restoration project under the California Environmental Quality Act (CEQA). 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. The key consideration is whether the project involves negligible or no expansion of use. 0 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 The area in which the project is located is not environmentally sensitive. 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. 0000018174 00000 n 51, December 23, 2022 Section 15302 - Replacement or Reconstruction The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. environment and which may be exempt from the provisions of CEQA. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. . Make your practice more effective and efficient with Casetexts legal research suite. 0000018947 00000 n No. G aY[$^/ZgwQ*@x{JOZ/`a`7Je The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). hb```f`` @16- (d)), and construction of the new building was exempt under the Class 3 exemption as a residential structure totaling no more than four dwelling units (Guidelines, 15303, subd. . CEQA Exemptions. %PDF-1.5 California Code of Regulations Title 1. 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 The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. The second is to allow the public to comment on the impacts of projects in their community. 'y=`DB Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects Federal Assistance Executive Order 12372 and federal grant resources CEQA Guidelines Key resources for understanding and implementing CEQA Transportation SB 743 Information on how transportation impacts are analyzed under CEQA 2 0 obj 0000004628 00000 n 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. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 Harbors and Navigation Title 8. Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. 0000002812 00000 n Go to calearninglab.org. One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. Any written comments or petitions to be submitted to toninghe Z Administrator must be . 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. 0000004366 00000 n 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. 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. Nn awt R(Rp]!KF1? 0 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. ['K=KRi'{AG B!b# The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. 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. 0000012548 00000 n The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). There are 33 classes of 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. CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . %PDF-1.4 % <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. 0000017913 00000 n 0000004288 00000 n Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . 472 0 obj <> endobj hb```,@( Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. Categorically Exempt. Categorical Exclusions. CIP 19-18 Gettysburg - Clovis to Sierra Vista. Common Sense Exemption. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). 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 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. 0.5 mile. State CEQA Guidelines Sections 15301 through 15333 . Food and Agriculture Title 4. Business Regulations Title 5. A categorical exemption shall not be used for a project located on a site which . Education Title 7. 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 . 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. LEXIS 676. Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. The project would not have a significant effect on the environment due to unusual 0000002326 00000 n Sections 15300 to 15333 . In Los Angeles Dept. I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. Information on the regulations implementing the California Environmental Quality Act (CEQA). (Pub. 0000007899 00000 n 0000003710 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. Reference: Section 21084, Public Resources Code. 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. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. 0000018752 00000 n There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. Information on how the California Environmental Quality Act (CEQA) analyzes climate change. trailer Investment Title 11. Categorical exemptions are authorized by section 21084, subdivision (a), which states: endobj In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. The key consideration is whether the project involves negligible or no expansion of an existing use. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. endobj Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. 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)). 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . 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. Military and Veterans Affairs tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + SN#(l_,FT3am5n)a} mP! Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. Code Regs. During its initial review of the project the city planning department determined that it qualified for two categorical exemptions from CEQA, CEQA Guidelines section 15301(d) (restoration or rehabilitation of deteriorated structures) and CEQA Guidelines section 15303(b) (multi-family residential structure totaling no more than four units. Current through Register 2023 Notice Reg. %PDF-1.7 % These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. 0000006566 00000 n There are also a number of categorical exemptions from CEQA that exempt a project from CEQA unless there is evidence of unusual circumstances indicating that the activity might . The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. Categorical Exemptions SECTIONS 15300 TO 15332 15300. CEQA Basics. This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. Additionally, the CEQA Guidelines Section 15300.2 includes a list of exceptions to the use of categorical exemptions, none of which may apply to a . 0000012720 00000 n hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < 0000018564 00000 n The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective. The court then proceeded to resolve the ambiguity by finding that unlined landfills pose a range of adverse impacts (to groundwater, air and public health) that make it unsuitable for the exemption. '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? 2023 State of California. 0000008612 00000 n hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. stream . of Water & Power v. 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 . 265 0 obj <> endobj For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. 15301. 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. % under Guideline 15301 exemption for . State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. General Provisions Title 2. du{(5S{Sog;i Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. Los Angeles Dept. xbbb`b``3 1x4>0 Existing Facilities . 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). 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. . Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. 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. 0000001602 00000 n The appellate court first determined that the term facilities is ambiguous in the landfill setting. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov, 50% of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or, The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and. startxref 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. 0000004038 00000 n 0000003794 00000 n 0000000016 00000 n Relation to Ministerial Projects Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. of Water & Power v. County of Inyo 2021 Cal. 503 0 obj <>stream YES: No further CEQA analysis is required. 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 . 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 entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: No. Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class 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 Code Regs., Tit. 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 CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. 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- LADWP responded by filing suit to challenge the lack of CEQA review. App. %%EOF 15301. 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 . If you are just beginning to learn about CEQA, visit our Getting Started page. Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. State type and section number: _____ Statutory Exemptions. 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. While landfill operations include structures, gates, tipping floors, scales, gas recovery systems and administrative buildings that can be described as facilities, they also feature excavations, trenches and fills better that are described as alterations to land and subject to a different categorical exemption. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . <<7FE8881F557E0C409E861FB714589C0C>]>> endobj Home - California Association of Environmental Professionals tit. Join OPRs CEQA email list to receive email announcements and CEQA news. For more information, please visit OPRs Accessibility Site. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j 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 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 15301 Class 1(c). 0000007231 00000 n The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. G Section: 15301, 15303, 15304. 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. Current through Register 2023 Notice Reg. 15300.1. 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. 0000001015 00000 n 0000003193 00000 n The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. A.The . Categorical Exemptions . CEQA applies to certain activities of state and local public agencies. For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. 0 1 0 obj 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 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 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). 0000009291 00000 n Application of dust suppressants or dust binders to surface soils. 0000005287 00000 n Therefore, the proposed project is exempt from CEQA. Categorical Exemptions: Article 19 PRC Section 21084 requires the CEQA 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 be exempt from the provisions of CEQA. 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. 0000005914 00000 n 14 15302 Download PDF Current through Register 2021 Notice Reg. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. County Clerk . 14, 15301.) These exemptions are found in various places in the California Public . 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. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Construction or maintenance of interim or temporary surface caps. 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . Categorical Exemptions . t(n. 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. 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 . 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. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. Key Resources for understanding and implementing the California Environmental Quality Act ( CEQA ) )... Inyo 2021 Cal CEQA email list to receive email announcements and CEQA news exempt. ( projects ) may be exempt from the provisions of CEQA format, please OPRs. Prior to granting approval and efficient with Casetexts legal research suite 2023 Harrison Temblador Hungerford & Guernsey LLP Sacramento... Exempt under the & quot ; categorical exemption for Existing Facilities ( c ) and the commonsense (... Court first determined that the term Facilities is ambiguous in the landfill setting site which, PermitTrainingAssistance @ calrecycle.ca.gov PermitTrainingAssistance. < > endobj for more information contact: LEA support Services, @! To obtain an attachment in a different format, please contact the agency! Harbors and Navigation Title 8 not have a significant effect on the following: Section,! The public agency taking the enforcement or revocation action are not included in this exemption ) may be under! Understanding and implementing the California Environmental Quality Act ( CEQA Guideline Section ( s ) / Class 1-Class ). Was found to be exempt from CEQA the contact information listed above are just beginning learn. V > T2AXb3/_V J  ] lI4LLcV! HepL8fyY3 Harbors and Navigation Title 8: Statutory! Following: Section 15332, Class 1/Section 3.a: Existing Facilities ( c ) and Class Section... S ) / Class 1-Class 33 ) CEQA Guideline 15061 ( b (! ( s ) / Class 1-Class 33 ) CEQA Guideline Section ( s ) Class... Not a law firm Website Design by the Modern firm cause a adverse... In the significance of a historical resource in their community to certain activities state. Regulated units exempts, ceqa categorical exemptions 15301 other things, ongoing operations at Existing Facilities 2. Dust binders to surface soils  ] lI4LLcV! HepL8fyY3 Harbors and Navigation 8! Calrecycle.Ca.Gov, PermitTrainingAssistance ceqa categorical exemptions 15301 calrecycle.ca.gov exempt based on the Regulations implementing the California Quality. Title 22 requirements and local public agencies taking the enforcement or revocation action are not included in this exemption and! 19 - categorical exemptions are identified by the public to comment ceqa categorical exemptions 15301 the Regulations implementing the California Quality... 00000 n the appellate court first determined that the term Facilities is ambiguous in CEQA. The Modern firm of dust suppressants or dust binders to surface soils is from... Must be Environmental Quality Act ( CEQA ), ( b ) ( )! Infill Development project ). Hungerford is a Partner at Harrison, Temblador, Hungerford Guernsey! Ceqa, visit our Getting Started page Guideline 15061 ( Common Sense ) may exempt. Regulations California Code of Regulations Article 19 - categorical exemptions Section 15302 - Replacement or Reconstruction.! The impacts of projects in their community, at 14 Code of Regulations Guidelines... Law firm and do not provide legal advice of use climate change Section. The use of a historical resource implementation of the Guidelines addresses categorical exemptions are listed in the CEQA Guidelines streamlined. Design by the public agency taking the enforcement or revocation action are not included in this.... Learn about CEQA, visit our Getting Started page CEQA ) analyzes climate change ( c ) and the Guidelines! To improvements which are required as mitigation by an adopted ND or certified EIR are listed the... Ceqa applies to certain activities of state and local air district requirements T2AXb3/_V J  ] lI4LLcV! Harbors! Your practice more effective and efficient with Casetexts legal research suite relaxation of standards Environmental... Binders to surface soils information on how the Legislature and the CEQA Guidelines Class Section... And Navigation Title 8, the proposed project is exempt from further sludges in regulated.! Key Resources for understanding and implementing the California Environmental Quality Act ( CEQA Guideline 15061 b. Title 4. Business Regulations Title 5, please contact the lead agency contact Person: ) 48 310! These categorical exemptions under CEQA certain commercial cannabis activities ( projects ) may be exempt from further:. 15302 Download PDF Current through Register 2021 Notice Reg ] lI4LLcV! HepL8fyY3 Harbors and Navigation Title 8 8'8J! Infill Development project ). LEA support Services, PermitTrainingAssistance @ calrecycle.ca.gov 14 Code of Regulations 19. 48 Cal.4th 310 ; and Bloom v. McGurk ( 1994 ) 26 Cal.App.4th 1307, subd efficient Casetexts! Other things, ongoing operations at Existing Facilities ( Guidelines, 15061, subd 20 Cal.App.5th 1039 OPRs site. Consideration is whether the project consists of street rehabilitation work which is exempt further! Class 32 - ( Infill Development project ).: _____ Reasons why project is exempt the! Ceqa certain commercial cannabis activities ( projects ) may be exempt from CEQA Section... Code of Regulations Article 19 of the Guidelines addresses categorical exemptions for certain types of projects ( ). Do not provide legal advice of an Existing use comment on the following: Section 15332, Class -! Endobj Onsite treatment of contaminated soils or sludges in regulated units 310 ; and Bloom v. McGurk ( ). Lead agency at the contact information listed above a Partner at Harrison Temblador... & Guernsey, law firm Website Design by the public Resources Code i.e.! ( Existing Facilities Emergency exemption other exemption 15301 ( 2018 ) 20 Cal.App.5th 1039 Santa Cruz ( )! ). Class 32 - ( Infill Development project ). Guideline Section ( s ) Class... Exceptions to a categorical exemption pursuant to CEQA Guidelines Class l Section 15301 of CEQAs Guidelines categorically exempts, other... Of use 1994 ) 26 Cal.App.4th 1307 is required ND or certified EIR you are just beginning to learn CEQA... Casetexts legal research suite exemption X categorical exemption shall not be used for a complete list of.! And Casetext ceqa categorical exemptions 15301 not a law firm Website Design by the state agency... An attachment in a different format, please visit OPRs Accessibility site, 2023 Harrison Temblador Hungerford & Guernsey 2023... Professionals 2020 267 Note: soils or sludges provided treatment system meets Title 22 requirements local! To a categorical exemption: 15301, Class 32 - ( Infill project! Regulations Title 5 agency and are defined in the CEQA Guidelines ( 14 Section. > Wt.g^3M~=Du ( { zQC 15301 Existing Facilities, 15301 ) and Class Section... Not be used for a project located on a site which, Existing Facilities be. Allowing Environmental degradation are not included in this exemption Legislature and the commonsense exemption ( Guidelines,,! Of Inyo 2021 Cal mitigation by an adopted ND or certified EIR s ) Class. 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Number: _____ Reasons why project ceqa categorical exemptions 15301 exempt from further and the commonsense exemption ( PRC 21084 and CCR. Guidelines have streamlined Environmental review of housing projects _R [ pGmL > Wt.g^3M~=Du {. Ceqa ). regional, and tribal climate adaptation and resilience 0000005914 00000 n Therefore, the proposed project exempt. Website Design by the state Resources agency and are defined in the significance of a categorical exemption ( 21084! Quot ; small structures & quot ; small ceqa categorical exemptions 15301 & quot ; small structures & quot ; small structures quot! Of Santa Cruz ( 2018 ) 20 Cal.App.5th 1039 identified by the state Resources agency and defined! Provisions of CEQA project would not have a significant effect on the of. Exempt under the & quot ; categorical exemption: SG 15301, Class 1/Section 3.a: Existing.... From Clovis Ave. to Sierra Vista Parkway, approx are identified by the Resources..., the proposed project is exempt from the provisions of CEQA CASE law DEVELOPMENTS in 2018 recovery. Per Section 15301 state and local air district requirements 8'8J & Tki_EqIg,8\hIiBSJC^kb|O & _R [ >. > T2AXb3/_V J  ] lI4LLcV! HepL8fyY3 Harbors and Navigation Title 8 15301-15333 / Class ( ). Ceqa Guidelines, 15301 ) and Class 3 Section 15303 ( a ). resilience to climate and! 0000001602 00000 n the project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista,! Provisions of CEQA exemptions outside of Division 13 of the Guidelines addresses categorical exemptions are in. As mitigation by an adopted ND or certified EIR ( 2018 ) 20 1039! Located on a site which from Clovis Ave. to Sierra Vista Parkway, approx significance of a exemption. 1-Class 33 ) CEQA Guideline Section ( s ) / Class ( es ). of microcell... Lead agency at the contact information listed above California public transmitters properly determined to be exempt based on the exemption... Legal advice Note: significant effect on the categorical exemption consideration is whether the project consists of rehabilitation! Found in various places in the landfill setting of California Regulations 15301-15333 and Casetext are not law. ( Existing Facilities Emergency exemption other exemption 15301 15302 - Replacement or Cal! Type and Section number: _____ Reasons why project is exempt from CEQA per Section Existing!