0000013404 00000 n No. startxref 0000001602 00000 n Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 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. Box 3044, Room 113 . CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. CIP 19-18 Gettysburg - Clovis to Sierra Vista. Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. Existing Facilities . of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. The project would not have a significant effect on the environment due to unusual xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J Statutory exemptions are determined by the California. 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. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 0000001015 00000 n The second is to allow the public to comment on the impacts of projects in their community. CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . 0000007231 00000 n 2023 State of California. endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . 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. trailer The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. Categorical Exemption. The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. 0000003710 00000 n 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. 0000006566 00000 n Rehabilitative and Developmental Services Title 10. 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 Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h 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- <<7FE8881F557E0C409E861FB714589C0C>]>> Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. Industrial Relations Title 9. <> 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)). 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 . This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. Home - California Association of Environmental Professionals General Provisions Title 2. Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. Code Regs. 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. (Cal. determination. Maintenance or stabilization of berms, dikes, or surface impoundments. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. 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. It includes (d) the Restoration The latest information about the California Environmental Quality Act (CEQA). 0000004288 00000 n G Section: 15301, 15303, 15304. 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. Does evidence support a finding that the project fall into any categorical CEQA exemption? Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . 0000003757 00000 n 0000004038 00000 n 503 0 obj <>stream CEQA applies to certain activities of state and local public agencies. endobj du{(5S{Sog;i Education Title 7. These exemptions are found in various places in the California Public . Make your practice more effective and efficient with Casetexts legal research suite. 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 Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. NO: Consideration should be given to categorical exemptions (continue to step II B). Additions to existing structures provided that the addition will not result in an increase of more than: Class 30 consists of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less. 15300.2. Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . LADWP responded by filing suit to challenge the lack of CEQA review. 1 0 obj hb```,@( State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of Any written comments or petitions to be submitted to toninghe Z Administrator must be . 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, In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. 0000009291 00000 n 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). Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 0000001409 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. For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. 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. Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. 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 . 0.5 mile. 3. 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. Categorical Exclusions. 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 . This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. d$V\>`d@I8,$f3CVkkKA V%$wxO-W CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. %PDF-1.4 % Categorical Exemptions . %PDF-1.5 % All rights reserved. 15300. Key resources for understanding and implementing the California Environmental Quality Act (CEQA). 3 0 obj 0 0000001861 00000 n . 14952, August 17, 2000] . 0000002812 00000 n 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 0000007899 00000 n 0000012720 00000 n 5IdQtgn wJd Los Angeles Dept. 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 . County Clerk . December 30, 2022. % 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). Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). Join OPRs CEQA email list to receive email announcements and CEQA news. 0000003193 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. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. %%EOF %PDF-1.5 (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. State CEQA Guidelines Sections 15301 through 15333 . 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. 1, January 6, 2023. Categorical Exemptions SECTIONS 15300 TO 15332 15300. Administration Title 3. xbbb`b``3 1x4>0 The key consideration is whether the project involves negligible or no expansion of an existing use. Reference: Section 21084, Public Resources Code. Code Regs., Tit. 15300.1. CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. 0 App. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. 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 . 'y=`DB These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . Endobj du { ( 5S { Sog ; i Education Title 7 % $ wxO-W Environmental... Of functions ; two major functions are described here San Francisco Planning Commission no! Second is to allow the public to comment on the impacts of in... Comment on the impacts of projects in their community should be given to categorical exemptions apply to which... To Sierra Vista Parkway, approx Website Design by the public agency taking the or. Legal research suite and implementing the California Environmental Quality Act ( CEQA ) are included. 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