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. These exemptions are found in various places in the California Public . Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . 0000004628 00000 n 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 . Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h The list of exemption classes begins at Section 15301 in the CEQA Guidelines. endobj _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. LADWP responded by filing suit to challenge the lack of CEQA review. 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. 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 . 0000018564 00000 n These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. In Los Angeles Dept. State type and section number: 15301 Existing Facilities Reasons for Exemption. 0000004038 00000 n Rehabilitative and Developmental Services Title 10. If you are just beginning to learn about CEQA, visit our Getting Started page. (PRC 21084; 14 CCR 15300 et seq.) 2 0 obj Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . (CEQA Guidelines 15301). This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. 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 . 642 35 <>>> 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 . %PDF-1.5 % California Code of Regulations Title 1. . 503 0 obj <>stream The latest information about the California Environmental Quality Act (CEQA). '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? 15300.1. 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). 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. The project would not have a significant effect on the environment due to unusual Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. 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. The area in which the project is located is not environmentally sensitive. 332 0 obj <>stream 265 0 obj <> endobj State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of (b)(3)). Article 19. YES: No further CEQA analysis is required. 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. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . 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. Any written comments or petitions to be submitted to toninghe Z Administrator must be . 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 0000000016 00000 n 1, January 6, 2023. %PDF-1.4 % Information on the regulations implementing the California Environmental Quality Act (CEQA). Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 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 For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. %PDF-1.7 % L=7Dv40+;00ib}[o& 2z5gt #1%28#kn:&$X0L2RUc^ ]0lsT**j!%JfFl@I&3/0Tj}-}eI\a)@)^%FR &mP m|Yn15!+LIeQ&K%Ul ( @re1 The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. Categorical Exemption. %PDF-1.5 hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < endstream endobj 473 0 obj <. 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. trailer State type and section number: 15301 Existing Facilities. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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 . 676 0 obj <>stream %%EOF Categorical Exemptions . Law Title 12. CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. Go to calearninglab.org. 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. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. G Section: 15301, 15303, 15304. 0000003757 00000 n Categorical Exclusion (CE) under the 2021 Programmatic Agreement Between the FHWA and Caltrans for projects that do not meet the definition of "highway projects" under 23 CFR 773.103 and that qualify for a CE under 23 CFR 771.117 Senior Environmental Planner or Environmental Branch Chief Print Name Signature Date Project Manager / DLA Engineer Categorical Exemptions from the California Environmental Quality Act (CEQA) The California Environmental Quality Act (CEQA) and the Guidelines for implementation of CEQA adopted by the Secretary of the California Resources Agency require that local agencies adopt a list of categorical exemptions from CEQA. Code Regs. 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)). Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. 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. (CEQA Guidelines) pertaining to Existing Facilities. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. Common Sense Exemption. 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, 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 . 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. 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). of Water & Power v. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . (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. 5IdQtgn wJd Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . 15301. Join OPRs CEQA email list to receive email announcements and CEQA news. In Los Angeles Dept. 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. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 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. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. 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. 15301. 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). California Environmental Quality Act (CEQA) under the Class 1 categorical exemption (CEQA Guidelines Section 15301) and under the Class 3 categorical exemption (CEQA Guidelines Section 15303), as described in the CEQA Exemption Determination (Case No. Los Angeles Dept. of Water & Power v. County of Inyo 2021 Cal. 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. 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. B. 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- SN#(l_,FT3am5n)a} mP! A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant toSection 65962.5 of the Government Code. (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . Categorically Exempt. Grant programs to support local, regional, and tribal climate adaptation and resilience. Key resources for understanding and implementing the California Environmental Quality Act (CEQA). A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . El Categorical Exemption: Title 14, Cal. Reference:14 CCR Section 15301 Examples. 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. Food and Agriculture Title 4. Business Regulations Title 5. Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. A.The . Categorical Exemption. The CEQA Guidelines 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. 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. The key consideration is whether the project involves negligible or no expansion of use. 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). This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. 642 0 obj <> endobj PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 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. 0000018752 00000 n tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + <> B. Statutory and Categorical Exemptions. @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. Current through Register 2023 Notice Reg. A categorical exemption shall not be used for a project located on a site which . startxref No. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or 1 0 obj In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. hb```,@( . CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. (Cal. 0000019124 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. 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. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. stream 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 On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. December 30, 2022. 51, December 23, 2022 Section 15302 - Replacement or Reconstruction Home - California Association of Environmental Professionals Construction or maintenance of interim or temporary surface caps. CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . 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. 0000013404 00000 n . Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. 0000004288 00000 n 1, January 6, 2023. Nn awt R(Rp]!KF1? 0000001602 00000 n Box 3044, Room 113 . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. xref under Guideline 15301 exemption for . 0000004366 00000 n 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. LEXIS 676. 0000006566 00000 n 0000012548 00000 n (CEQA Guideline 15061(b)(2).) The appellate court first determined that the term facilities is ambiguous in the landfill setting. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . 3 0 obj 472 0 obj <> endobj CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. Make your practice more effective and efficient with Casetexts legal research suite. 15301 Class 1(c). The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 0000018374 00000 n Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. Military and Veterans Affairs 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. % 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. 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. d$V\>`d@I8,$f3CVkkKA V%$wxO-W the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. Does evidence support a finding that the project fall into any categorical CEQA exemption? Reference: Section 21084, Public Resources Code; North County Advocates v. City of Carlsbad (2015) 241 Cal.App.4th 94; Communities for a Better Environment v. South Coast Air Quality Management Dist. @ @HUZG>"Pl -`U^ l+=TT.Efsb;A#&,9\ch P[ b`diL3F @ pR Investment Title 11. System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. endstream endobj startxref 0000005914 00000 n 0 'y=`DB 0000008612 00000 n 0000018174 00000 n Maintenance or stabilization of berms, dikes, or surface impoundments. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. As the name implies, categorical exemptions apply to categories of projects that the California Resources Agency has found normally do not have a significant effect on the environment. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. t(n. CEQA Exemptions. xbbb`b``3 1x4>0 Statutory exemptions are determined by the California. hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. 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 3.a. hb```f`` @16- 3. 14, 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. du{(5S{Sog;i The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: tit. 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 $1 million or less. 2ti&Dx2}F$].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 15300. 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. 0.5 mile. Harbors and Navigation Title 8. endstream endobj 266 0 obj <>>> endobj 267 0 obj <. 2023 State of California. The second is to allow the public to comment on the impacts of projects in their community. endstream endobj startxref CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. County Clerk . Current through Register 2023 Notice Reg. All rights reserved. 0000003710 00000 n Copyright Industrial Relations Title 9. Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY . 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. 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. 15300.2. Categorical Exemption. 15301(f) (Existing Facilities). NO: Consideration should be given to categorical exemptions (continue to step II B). 3@0+RK,%w No exceptions apply that would . 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.