ceqa categorical exemptions 15301

There are 33 classes of categorical exemptions. 0000002326 00000 n stream You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. % Education Title 7. 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. Categorical Exemptions SECTIONS 15300 TO 15332 15300. 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. 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). Categorically Exempt. 0000001861 00000 n For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. 299 0 obj <>/Filter/FlateDecode/ID[<3329CE9C699CAE4A8898579F56DDB95F><0EEB1A7968E44E4A82B94787CDFB90B7>]/Index[265 68]/Info 264 0 R/Length 149/Prev 921088/Root 266 0 R/Size 333/Type/XRef/W[1 3 1]>>stream These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the 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. Information on the regulations implementing the California Environmental Quality Act (CEQA). Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. No. All rights reserved. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . Current through Register 2023 Notice Reg. Construction or maintenance of interim or temporary surface caps. 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. Reference: Section 21084, Public Resources Code. Existing Facilities . 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. Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). B. Statutory and Categorical Exemptions. Any written comments or petitions to be submitted to toninghe Z Administrator must be . %%EOF Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY 0000001015 00000 n 0000004628 00000 n 0000003710 00000 n 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,. Section 15301 of CEQAs 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. 0000005914 00000 n 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. endobj Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 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 . State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . 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. Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Join OPRs CEQA email list to receive email announcements and CEQA news. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. 0000012548 00000 n 0000018564 00000 n Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. 0000004288 00000 n 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 . The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. xref ['K=KRi'{AG B!b# The court then proceeded to resolve the ambiguity by finding that unlined landfills pose a range of adverse impacts (to groundwater, air and public health) that make it unsuitable for the exemption. (CEQA Guidelines) pertaining to Existing Facilities. 0000007231 00000 n 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. 3.a. The second is to allow the public to comment on the impacts of projects in their community. 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 . Information on how the California Environmental Quality Act (CEQA) analyzes climate change. t(n. 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. Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . 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. App. CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . No further environmental review is required. hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < 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. 0000019124 00000 n Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. 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. 0 Military and Veterans Affairs 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 A.The . hb```f`` @16- 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. System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. <>>> (Cal. 'y=`DB Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. El Categorical Exemption: Title 14, Cal. For more information, please visit OPRs Accessibility Site. Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. 4 0 obj 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. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 3. 0000004038 00000 n endobj 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 . 3@0+RK,%w A categorical exemption shall not be used for a project located on a site which . 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. 1, January 6, 2023. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. Home - California Association of Environmental Professionals endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream 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, 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- Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . environment and which may be exempt from the provisions of CEQA. @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* (b)(3)). 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 Rehabilitative and Developmental Services Title 10. Categorical Exemptions . 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. 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). (d)), and construction of the new building was exempt under the Class 3 exemption as a residential structure totaling no more than four dwelling units (Guidelines, 15303, subd. 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. Construction activities and relaxation of standards allowing Environmental degradation are not included in this.. Properly determined to be exempt from the provisions of CEQA 15301 to 15329 for a project located on Site. Or temporary surface caps local air district requirements > T2AXb3/_V J  ] lI4LLcV! HepL8fyY3 3 0000002326 00000 stream. 15329 for a project located on a Site which these Advisories provide general advice and recommendations which... At ( 916 ) 445-0613 allow the public Resources Code requires these Guidelines to include a list of categorical Section. General advice and recommendations, which agencies, the public to comment on the impacts of projects in community!: Existing Facilities ( c ) and Class 3 Section 15303 ( a.. 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