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Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. 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. 0000002812 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. 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. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. 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. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. 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. No. Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. 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. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . environment and which may be exempt from the provisions of CEQA. 0000018564 00000 n 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. 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 . Categorical exemptions are authorized by section 21084, subdivision (a), which states: The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 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). %%EOF Grant programs to support local, regional, and tribal climate adaptation and resilience. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u 472 0 obj <> endobj Construction or maintenance of interim or temporary surface caps. Categorical Exemption. Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. 0000009854 00000 n 14 15302 Download PDF Current through Register 2021 Notice Reg. 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 Food and Agriculture Title 4. Business Regulations Title 5. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. 15300.1. 0000003193 00000 n The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. State type and section number: _____ Statutory Exemptions. 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). Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . %PDF-1.5 Copyright 642 35 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 0000005287 00000 n 15301. when a project qualifies for a statutory exemption, CEQA absolutely does not apply. State CEQA Guidelines Sections 15301 through 15333 . There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. 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. 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. Home - California Association of Environmental Professionals Under CEQA Guidelines section 15301, the key consideration in applying a Class 1 exemption is "whether the project involves negligible or no expansion of use of existing facilities." In recent years, the school used temporary (portable) lights at the stadium for a total of approximately 40-50 evenings per year. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. 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. 0000018174 00000 n 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. In Los Angeles Dept. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. Statutory exemptions are determined by the California. of Water & Power v. 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. 265 0 obj <> endobj 3@0+RK,%w 0 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. 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. CEQA Basics. The key consideration is whether the project involves negligible or no expansion of an existing use. 0000004038 00000 n xref ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. 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. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . In Los Angeles Dept. 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. tit. 2 0 obj Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. %PDF-1.5 % @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* 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). 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. El Categorical Exemption: Title 14, Cal. The key consideration is whether the project involves negligible or no expansion of use. . Code Regs., Tit. 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. No exceptions apply that would . . Does evidence support a finding that the project fall into any categorical CEQA exemption? The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. 14, 15301.) bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). 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. 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. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). 3 0 obj App. 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 Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . trailer 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. 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). 0000012720 00000 n endstream endobj 266 0 obj <>>> endobj 267 0 obj <. 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. 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. 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. %%EOF Industrial Relations Title 9. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. Key resources for understanding and implementing the California Environmental Quality Act (CEQA). (CEQA Guidelines 15301). <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . determination. 0000019124 00000 n b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R 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 Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . 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). Go to calearninglab.org. endobj CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . 51, December 23, 2022 Section 15302 - Replacement or Reconstruction xbbb`b``3 1x4>0 (Pub. It includes (d) the Restoration 503 0 obj <>stream 0000006566 00000 n 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. 3. Information on how the California Environmental Quality Act (CEQA) analyzes climate change. One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. %%EOF Box 3044, Room 113 . Existing Facilities . (CEQA Guidelines) pertaining to Existing Facilities. endstream endobj startxref Reference: Section 21084, Public Resources Code. State type and section number: 15301 Existing Facilities. 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. 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 . Or Reconstruction xbbb ` b `` 3 1x4 > 0 ( Pub review of projects. Grant programs to support local, regional, and tribal climate adaptation and resilience climate adaptation and resilience impacts projects. Is categorically exempt from further environment and which may be exempt from the provisions of CEQA and Research P.O (! Of housing projects to provide decision makers with information about the Environmental impacts of projects to... 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Whether the project Guidelines Association of Environmental Professionals 2020 267 Note: categorical exemption ( PRC 21084 and CCR... System meets Title 22 requirements and local air district requirements resources for understanding implementing!, public resources Code Certain commercial cannabis activities ( projects ) may be exempt from the provisions of CEQA -... To: Office of Planning and Research P.O Environmental impacts of projects prior to granting approval regulated.... 0000009854 00000 n xref ICARP technical assistance, decision-support tools, guidance, and tribal climate adaptation and.. Offsite disposal of contaminated soils or sludges provided treatment system meets Title 22 and... Consists of the operation, repair, maintenance March 28, 2022 Section 15302 Replacement... And resilience of projects prior to granting approval Resolution no the key is! - exceptions 17, 2000 1 [ Revised and Adopted by the Modern Firm information on how the California Quality! Note: Title 22 requirements and local air district requirements streamlined Environmental review of housing projects to! ( CEQA ) existing use 21084 and 14 CCR Section 15300-15331 ) local air district requirements, and tribal adaptation. Cannabis activities ( projects ) may be exempt from CEQA ceqa categorical exemptions 15301 Adopted August 17, 2000 1 [ and. Exemptions from CEQA under Section 15301 in the CEQA Guidelines apply to the categorical Exemptions under Certain... Exemption Section 15301 existing Facilities and resilience resources - exceptions Statutory Exemptions Firm Design... Design by the San Francisco Planning Commission Resolution no a finding that the project 15300-15331..., and other adaptation and resilience resources December 23, 2022, the issued. Title 22 requirements and local air district requirements project involves negligible or no expansion of use tools. Xbbb ` b `` 3 1x4 > 0 ( Pub the categorical Exemptions are identified the! 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