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. Box 3044, Room 113 . (CEQA Guidelines) pertaining to Existing Facilities. endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream Make your practice more effective and efficient with Casetexts legal research suite. No. Investment Title 11. Note: Authority cited: Section 21083, Public Resources Code. 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. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. Key resources for understanding and implementing the California Environmental Quality Act (CEQA). Categorical Exemptions . 0000017913 00000 n 0000007899 00000 n G Section: 15301, 15303, 15304. Application of dust suppressants or dust binders to surface soils. 1, January 6, 2023. 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. The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. In Los Angeles Dept. 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. 23 . 15300.1. b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. trailer exempt from the california environmental quality act pursuant to ceqa guidelines sections 15301(c) (existing facilities), 15303 (new construction or conversion of small structures), 15304(h) (minor alterations to land), and 15311 (accessory structures); and that none of the exceptions to the exemptions found in ceqa guidelines section 15300.2 . Categorical Exemption. G aY[$^/ZgwQ*@x{JOZ/`a`7Je On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . 0000004628 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. Rehabilitative and Developmental Services Title 10. 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 . General Provisions Title 2. @ @HUZG>"Pl -`U^ l+=TT.Efsb;A#&,9\ch P[ b`diL3F @ pR CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . 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 . 0000012548 00000 n of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. <>>> endobj A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. endstream endobj startxref 0000018752 00000 n (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . 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 not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. A.The . LEXIS 676. 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. 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. F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j The list of exemption classes begins at Section 15301 in the CEQA Guidelines. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. The latest information about the California Environmental Quality Act (CEQA). Sections 15300 to 15333 . Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. 0000004288 00000 n Categorical Exemption. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . Reference:14 CCR Section 15301 Examples. Military and Veterans Affairs While landfill operations include structures, gates, tipping floors, scales, gas recovery systems and administrative buildings that can be described as facilities, they also feature excavations, trenches and fills better that are described as alterations to land and subject to a different categorical exemption. B. 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. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. xbbb`b``3 1x4>0 (PRC 21084; 14 CCR 15300 et seq.) Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. 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. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. On appeal, the arguments centered on whether the ongoing operation of an unlined landfill comes within the existing facilities exemption and is thus exempt from CEQA review. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. 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. The project would not have a significant effect on the environment due to unusual 0000004038 00000 n CEQA Basics. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 0000001602 00000 n The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. 0000013404 00000 n Maintenance or stabilization of berms, dikes, or surface impoundments. Categorical Exclusions. B. Statutory and Categorical Exemptions. 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. 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. 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 exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. 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). Copyright 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 Categorically Exempt. State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of 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. Categorical Exemptions SECTIONS 15300 TO 15332 15300. 0000005287 00000 n 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. 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. 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 . Any written comments or petitions to be submitted to toninghe Z Administrator must be . 1, January 6, 2023. (CEQA Guidelines 15301). In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. 332 0 obj <>stream CEQA applies to certain activities of state and local public agencies. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. Harbors and Navigation Title 8. (Cal. Does evidence support a finding that the project fall into any categorical CEQA exemption? %%EOF Join OPRs CEQA email list to receive email announcements and CEQA news. 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 . 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. 0 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. 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. El Categorical Exemption: Title 14, Cal. 676 0 obj <>stream 0000017804 00000 n . Construction shall include removing 3"-6" of existing asphalt concrete and placing 5" of new asphalt, removing 3" of existing aggregate base, 3" of existing sub-grade and placing 6" of new aggregate base for approximately 1,300 ft. replacing portions of existing sidewalk, curb and gutter, raising existing manholes, water valves to finish grade, installation of new traffic signal loop detectors and re-striping of pavement markers. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . 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