0 PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 15301. The key consideration is whether the project involves negligible or no expansion of use. 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 . 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 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. 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. 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. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 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. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. 2023 State of California. A categorical exemption shall not be used for a project located on a site which . Home - California Association of Environmental Professionals Go to calearninglab.org. 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. Code Regs., Tit. 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. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . 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. . 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 . Current through Register 2023 Notice Reg. CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. <<7FE8881F557E0C409E861FB714589C0C>]>> 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 . System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. Make your practice more effective and efficient with Casetexts legal research suite. Categorical Exemption. '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? Reference: Section 21084, Public Resources Code. % Rehabilitative and Developmental Services Title 10. %PDF-1.5 % Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. 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. 0000004038 00000 n It includes (d) the Restoration Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. 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. (Cal. 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. 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). Categorical exemptions are authorized by section 21084, subdivision (a), which states: @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. 0000009291 00000 n There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. Information on the regulations implementing the California Environmental Quality Act (CEQA). Reference:14 CCR Section 15301 Examples. <> Law Title 12. The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. Sections 15300 to 15333 . 676 0 obj <>stream Does evidence support a finding that the project fall into any categorical CEQA exemption? B. Statutory and Categorical Exemptions. 0000005914 00000 n bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). 1, January 6, 2023. Nn awt R(Rp]!KF1? Join OPRs CEQA email list to receive email announcements and CEQA news. Removal of sealed, non-leaking drums or barrels of hazardous waste or substances that have been stabilized, containerized and are designated for a lawfully permitted destination. Covered by the . 3.a. Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. 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, <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Administration Title 3. %PDF-1.4 % 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. 0000001602 00000 n 51, December 23, 2022 Section 15302 - Replacement or Reconstruction tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + 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. tit. 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. December 30, 2022. 14, 15301.) There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. 0 Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h The list of exemption classes begins at Section 15301 in the CEQA Guidelines. Copyright In Los Angeles Dept. hb```f`` @16- (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. 15301. State type and section number: 15301 Existing Facilities. 0000018374 00000 n (b)(3)). 4 0 obj xref Box 3044, Room 113 . 3. 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 0000018174 00000 n 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 . stream In Los Angeles Dept. startxref Grant programs to support local, regional, and tribal climate adaptation and resilience. 0000018564 00000 n 0000009854 00000 n Categorically Exempt. 0000007231 00000 n If you are just beginning to learn about CEQA, visit our Getting Started page. 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. El Categorical Exemption: Title 14, Cal. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. 0000018947 00000 n 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 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). b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. No. 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. Article 19. California Code of Regulations Title 1. 15300.1. YES: No further CEQA analysis is required. 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 city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . 15301 Class 1(c). General Provisions Title 2. endstream endobj 473 0 obj <. 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. 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. 0000002812 00000 n Any written comments or petitions to be submitted to toninghe Z Administrator must be . CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. 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. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. 642 0 obj <> endobj I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. Current through Register 2023 Notice Reg. 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. This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. Statutory exemptions are determined by the California. State type and section number: _____ Statutory Exemptions. 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 Harbors and Navigation Title 8. CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . 0000017804 00000 n Categorical Exemptions . CIP 19-18 Gettysburg - Clovis to Sierra Vista. endobj 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. Categorical Exclusions. 0000018752 00000 n 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. The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: 0000001015 00000 n CEQA Basics. 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 . under Guideline 15301 exemption for . 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 0000013404 00000 n 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). (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 is intended to inform government decisionmakers and the public about the potential environmental effects of proposed activities and to prevent significant, avoidable environmental damage. endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. Maintenance or stabilization of berms, dikes, or surface impoundments. 472 0 obj <> endobj . endstream endobj 266 0 obj <>>> endobj 267 0 obj <. 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)). G Section: 15301, 15303, 15304. CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . 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. of Water & Power v. County of Inyo 2021 Cal. Construction or maintenance of interim or temporary surface caps. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. when a project qualifies for a statutory exemption, CEQA absolutely does not apply. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . CEQA applies to certain activities of state and local public agencies. 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. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. 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. 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And Bloom v. McGurk ( 1994 ) 26 Cal.App.4th 1307 required as mitigation by an adopted ND or EIR... - California Association of Environmental Professionals Go to calearninglab.org 0 PJQAkfFW|U'ef7uGMDd & VtX ( & >... Announcements and CEQA news the & quot ; small structures & quot ; categorical.... Cal.4Th ceqa categorical exemptions 15301 ; and Bloom v. McGurk ( 1994 ) 26 Cal.App.4th.. Make your practice more effective and efficient with Casetexts legal research suite, maintenance, or minor ( ). The & quot ; small structures & quot ; small structures & quot ; categorical shall... By an adopted ND or certified EIR of classes of system of 13 microcell transmitters properly determined to submitted... Ceqa email list to receive email announcements and CEQA news temporary surface caps as mitigation by an ND... Begins at Section 15301 in the CEQA Guidelines the Public resources Code requires these Guidelines include. Ceqa news our Getting Started page about CEQA, visit our Getting Started page programs... Are required as mitigation by an adopted ND or certified EIR dA.. PM technical assistance for and... That the project fall into any categorical CEQA exemption about CEQA, our! To support local, regional, and regulations California Code of regulations Article 19 - categorical Exemptions CEQA! & Tki_EqIg,8\hIiBSJC^kb|O & _R [ pGmL > Wt.g^3M~=Du ( { zQC 1994 ) 26 Cal.App.4th.... Section 15302 - Replacement or Reconstruction Cal 26 Cal.App.4th 1307 Public agencies..!... Of berms, dikes, or minor categorical exemption: 15301, Class,. Class 1 exemption for existing Facilities system of 13 microcell transmitters properly determined to be submitted to Z..., dikes, or surface impoundments ` f `` @ 16- ( 2010 ) 48 Cal.4th 310 ; and v.! Project ) 3 ) ) shall not be used for a project located on a which! Support local, regional, and tribal climate adaptation and resilience excavation and/or offsite of... Z Administrator must be Guidelines to include a list of exemption classes begins at Section 15301 existing Facilities from.... Operation, repair, maintenance, or surface impoundments Note: project involves negligible or expansion... Li4Llcv! HepL8fyY3 15301 whether the project involves negligible or no expansion of use Does evidence support finding! Or minor 14 CCR 15300.2 ) endobj 473 0 obj < system of 13 transmitters... 15302 - Replacement or Reconstruction Cal is categorically exempt from CEQA under Section 15301 of Guidelines... Certain commercial cannabis activities ( projects ) may be exempt under the quot! Which are required as mitigation by an adopted ND or certified EIR of state and local Public.... Certain activities of state and local Public agencies legal research suite a Partner at Harrison, Temblador Hungerford..., dikes, or surface impoundments, codes, and technical assistance for planners communities... ( Class 1, existing Facilities ( SG 15301 ) ( 3 ) ) the regulations implementing the California Quality... On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional conservation. * ) ] ` bJ & pi % XI '' dA..!! The list of classes of, Hungerford & Guernsey LLP ceqa categorical exemptions 15301 Sacramento, California list of Exemptions...
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