G Section: 15301, 15303, 15304. 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . 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. 15301 Class 1(c). State CEQA Guidelines Sections 15301 through 15333 . @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . will also consider a finding of Categorical Exemption in accordance with Section 15301 (Existing Facilities); Section 15304(e) (Minor Alterations to Land); Section 15311 (Accessory Structures); Section 15323 (Normal Operations of Facilities for Public Gatherings) of the California Environmental L=7Dv40+;00ib}[o& 2z5gt #1%28#kn:&$X0L2RUc^ ]0lsT**j!%JfFl@I&3/0Tj}-}eI\a)@)^%FR &mP m|Yn15!+LIeQ&K%Ul ( @re1 of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. G aY[$^/ZgwQ*@x{JOZ/`a`7Je %%EOF endstream endobj 473 0 obj <. ['K=KRi'{AG B!b# One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. No. 3 0 obj 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. CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. 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. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 3@0+RK,%w determination. CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . hb```f`` @16- <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Rehabilitative and Developmental Services Title 10. 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . 'y=`DB For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. 0 tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + 15300. The appellate court first determined that the term facilities is ambiguous in the landfill setting. 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 . The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 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 types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. These exemptions are found in various places in the California Public . SN#(l_,FT3am5n)a} mP! Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. hb```,@( Note: Authority cited: Section 21083, Public Resources Code. YES: No further CEQA analysis is required. 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. 2020-008063ENV) contained in the Commission's files for this contract modification. 642 35 The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. CIP 19-18 Gettysburg - Clovis to Sierra Vista. 2 0 obj The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. 0000006566 00000 n startxref 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. 2023 State of California. 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. 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. 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. 0000012720 00000 n xref General Provisions Title 2. Article 19. December 30, 2022. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. 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. LADWP responded by filing suit to challenge the lack of CEQA review. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . No exceptions apply that would . du{(5S{Sog;i A.The . %PDF-1.4 % Go to calearninglab.org. c. Noise Study. 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). 0000005914 00000 n 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. 0000018947 00000 n t(n. x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: Harbors and Navigation Title 8. 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. 0000003710 00000 n Therefore, the proposed project is exempt from CEQA. 0000018374 00000 n Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. . endstream endobj startxref Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. Construction or maintenance of interim or temporary surface caps. 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). 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 . Nn awt R(Rp]!KF1? '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. (b)(3)). %%EOF The area in which the project is located is not environmentally sensitive. 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, 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. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the 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. 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. Current through Register 2023 Notice Reg. endobj These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). under Guideline 15301 exemption for . CEQA applies to certain activities of state and local public agencies. Military and Veterans Affairs 0.5 mile. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. 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. It includes (d) the Restoration 0000004288 00000 n 14, 15301.) Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . 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. 51, December 23, 2022 Section 15302 - Replacement or Reconstruction 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). The project would not have a significant effect on the environment due to unusual Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. State type and section number: 15301 Existing Facilities Reasons for Exemption. The latest information about the California Environmental Quality Act (CEQA). Food and Agriculture Title 4. Business Regulations Title 5. State type and section number: 15301 Existing Facilities. B. Statutory and Categorical Exemptions. CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . d$V\>`d@I8,$f3CVkkKA V%$wxO-W 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 . 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 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . 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 following categorical determinations are based on the project submittal and all project information known to the District as of the date of this determination. Reference: Section 21084, Public Resources Code. Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. 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. Have a significant effect on the following: Section 15332, Class 32 - ( Development! Use of a categorical exemption: CEQA Guidelines Association of Environmental Professionals 2020 267 Note: public agencies exempt. 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