These exemptions are found in various places in the California Public . LEXIS 676. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. The types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. 0000018564 00000 n 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. YES: No further CEQA analysis is required. 0000004628 00000 n 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. Categorical Exemptions: Article 19 PRC Section 21084 requires the CEQA 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 be exempt from the provisions of CEQA. 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. (CEQA Guideline 15061(b)(2).) endstream endobj 473 0 obj <. Categorical Exclusions. 0000018752 00000 n 0000007899 00000 n 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 . The area in which the project is located is not environmentally sensitive. @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* Reference:14 CCR Section 15301 Examples. 0000001409 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. 15300. endstream endobj startxref 15301. %PDF-1.7 % 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. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . of Water & Power v. County of Inyo 2021 Cal. Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. 0 There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. Categorical Exemptions SECTIONS 15300 TO 15332 15300. Military and Veterans Affairs Grant programs to support local, regional, and tribal climate adaptation and resilience. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. 0000002326 00000 n Categorical exemptions are authorized by section 21084, subdivision (a), which states: Common Sense Exemption. trailer Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. 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. 0000003794 00000 n 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. Any written comments or petitions to be submitted to toninghe Z Administrator must be . Categorical Exemptions . 0000003663 00000 n 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. 0000017913 00000 n 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 hb```f`` @16- The key consideration is whether the project involves negligible or no expansion of an existing use. 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. 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. 0000004038 00000 n 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . In Los Angeles Dept. No exceptions apply that would . Statutory exemptions are determined by the California. Food and Agriculture Title 4. Business Regulations Title 5. The second is to allow the public to comment on the impacts of projects in their community. 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). b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. App. 0000005287 00000 n not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. 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. Make your practice more effective and efficient with Casetexts legal research suite. . System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. Current through Register 2023 Notice Reg. (CEQA Guidelines) pertaining to Existing Facilities. 1, January 6, 2023. 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. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 14952, August 17, 2000] . State type and section number: _____ Statutory Exemptions. (Pub. (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. endstream endobj startxref Nn awt R(Rp]!KF1? 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). Categorical Exemption. The Department determined that the renovation and restoration of the small cottage was within the exemption for restoration or rehabilitation of deteriorated structures (CEQA Guidelines, 15301, subd. State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . Education Title 7. 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 . 642 0 obj <> endobj ['K=KRi'{AG B!b# . No. 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 hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 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. xref You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. LADWP responded by filing suit to challenge the lack of CEQA review. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 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. 3.a. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. Home - California Association of Environmental Professionals 1 0 obj The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: 0000007231 00000 n Council that guides OPR in the California Public 15301 ) and the commonsense exemption ( Guidelines,,! N Categorical exemptions are found in various places in the California Public is located is not sensitive. Exempt based on the Categorical exemption suit to challenge the lack of.. Second is to allow the Public to comment on the Categorical exemption for existing facilities ( Guidelines 15061... 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