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. 'y=`DB Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. Code Regs. Note: Authority cited: Section 21083, Public Resources Code. <>>> Home - California Association of Environmental Professionals 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. hb```,@( endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream 0000004628 00000 n bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). startxref December 30, 2022. NO: Consideration should be given to categorical exemptions (continue to step II B). <> 642 35 332 0 obj <>stream Military and Veterans Affairs (CEQA Guidelines) pertaining to Existing Facilities. Categorical Exemption. endstream endobj 266 0 obj <>>> endobj 267 0 obj <. 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. Harbors and Navigation Title 8. Law Title 12. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . Rehabilitative and Developmental Services Title 10. General Provisions Title 2. B. Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . 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. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. 15300. 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. 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . 0000001861 00000 n LEXIS 676. No. Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class endstream endobj startxref hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. Box 3044, Room 113 . 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. xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or B. Statutory and Categorical Exemptions. 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. endobj County Clerk . These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. CEQA Exemptions. 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. Los Angeles Dept. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 SN#(l_,FT3am5n)a} mP! 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 . CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . 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. Therefore, the proposed project is exempt from CEQA. 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 California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). California Code of Regulations Title 1. 23 . 15301. When relying on a categorical exemption to CEQA, like the Existing Facilities (CEQA Guidelines Section 15301), Replacement or Reconstruction (CEQA Guidelines Section 15302) or New Construction or Conversion of Small Structures (CEQA Guidelines Section 15303) exemption, it is important to understand that CEQA looks at the changes that will be made to the present conditions. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . 1, January 6, 2023. Categorical Exclusions. 0.5 mile. 0000009291 00000 n PRC Section 21084 requires the CEQA Guidelines to include a list of classes of projects which have been determinednotto have a significant effect on the environment and which shall be exempt from the provisions of CEQA. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . Does evidence support a finding that the project fall into any categorical CEQA exemption? 0000001015 00000 n 0000018752 00000 n Maintenance or stabilization of berms, dikes, or surface impoundments. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . t(n. YES: No further CEQA analysis is required. Information on the implementation of SB 743, which changed how transportation impacts are analyzed under 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). 642 0 obj <> endobj If you are just beginning to learn about CEQA, visit our Getting Started page. 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 . This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the All rights reserved. 0000003757 00000 n Any written comments or petitions to be submitted to toninghe Z Administrator must be . Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. 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. Key resources for understanding and implementing the California Environmental Quality Act (CEQA). Construction or maintenance of interim or temporary surface caps. 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 El Categorical Exemption: Title 14, Cal. 0000018174 00000 n Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. <<7FE8881F557E0C409E861FB714589C0C>]>> %PDF-1.4 % (b)(3)). 0000019124 00000 n Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. Current through Register 2023 Notice Reg. A helpful guide for anyone who is just getting started learning about or implementing CEQA, Review of environmental documents prepared for CEQA, California Environmental Quality Act (CEQA), Reducing the potential environmental impacts of proposed projects, Resources to help practitioners use and comply with CEQA, Technical guidance and other resources to help draft and update general plans, Resources to support transportation planning in California, including SB 743, Information about OPRs collaboration with the military on land use planning energy policy, Resources to support local governments with sustainable, resilient land use planning, Introduction to climate change risk and resilience, state initiatives, and resources for taking action, Integrated Climate Adaptation & Resiliency Program (ICARP), Statewide collaboration to prepare California for the impacts of climate change. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. 0000004038 00000 n 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. Current through Register 2023 Notice Reg. <> %%EOF 15301 Class 1(c). 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 . 0000003193 00000 n 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. d$V\>`d@I8,$f3CVkkKA V%$wxO-W 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). CEQA applies to certain activities of state and local public agencies. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. xref Grant programs to support local, regional, and tribal climate adaptation and resilience. 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. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. These exemptions are found in various places in the California Public . 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. Categorically Exempt. 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