. Any written comments or petitions to be submitted to toninghe Z Administrator must be . categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. Categorically Exempt. 14, 15301.) Box 3044, Room 113 . Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). %%EOF Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15302 - Replacement or Reconstruction, Section 15303 - New Construction or Conversion of Small Structures. under Guideline 15301 exemption for . 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 . Administration Title 3. 0000003710 00000 n Investment Title 11. 503 0 obj <>stream 15300.1. @ @HUZG>"Pl -`U^ l+=TT.Efsb;A#&,9\ch P[ b`diL3F @ pR of Water & Power v. 2020-008063ENV) contained in the Commission's files for this contract modification. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. (CEQA Guideline 15061(b)(2).) 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. Key resources for understanding and implementing the California Environmental Quality Act (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. SN#(l_,FT3am5n)a} mP! hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. determination. The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: 2023 State of California. G Section: 15301, 15303, 15304. California Code of Regulations Title 1. . A categorical exemption shall not be used for a project located on a site which . 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. NO: Consideration should be given to categorical exemptions (continue to step II B). 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 . 3.a. 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 . 0 For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. 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). 0000017804 00000 n endstream endobj startxref 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. Military and Veterans Affairs A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. endobj 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 The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. CEQA Basics. CIP 19-18 Gettysburg - Clovis to Sierra Vista. 'y=`DB Existing Facilities . These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the 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. 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. 2 0 obj The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. It includes (d) the Restoration B. Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY 3. 0000003757 00000 n Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. Reference: Section 21084, Public Resources Code. CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . 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. 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 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. The CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) are administrative regulations governing implementation of the California Environmental Quality Act. 0000005914 00000 n 4 0 obj . 15301 Class 1(c). Home - California Association of Environmental Professionals Information on the regulations implementing the California Environmental Quality Act (CEQA). Reference:14 CCR Section 15301 Examples. 0000002326 00000 n 0000012548 00000 n You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. of Water & Power v. County of Inyo 2021 Cal. 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. ['K=KRi'{AG B!b# tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + 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 key consideration is whether the project involves negligible or no expansion of use. 1 0 obj Note: Authority cited: Section 21083, Public Resources Code. 0000004366 00000 n Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 15301. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . 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 $1 million or less. All rights reserved. 0000012720 00000 n No cleanup shall be subject to this exemption if the action requires the onsite use of a hazardous waste incinerator or thermal treatment unit, or. 14952, August 17, 2000] . L=7Dv40+;00ib}[o& 2z5gt #1%28#kn:&$X0L2RUc^ ]0lsT**j!%JfFl@I&3/0Tj}-}eI\a)@)^%FR &mP m|Yn15!+LIeQ&K%Ul ( @re1 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. LADWP responded by filing suit to challenge the lack of CEQA review. 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 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. '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Current through Register 2023 Notice Reg. Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. 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. 0000003794 00000 n 0000018374 00000 n The project would not have a significant effect on the environment due to unusual Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . The key consideration is whether the project involves negligible or no expansion of an existing use. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). 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, %%EOF 0 3@0+RK,%w The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . County Clerk . 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