State CEQA Guidelines Sections 15301 through 15333 . xbbb`b``3 1x4>0 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. 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. Grant programs to support local, regional, and tribal climate adaptation and resilience. State type and section number: 15301 Existing Facilities Reasons for Exemption. Categorically Exempt. El Categorical Exemption: Title 14, Cal. For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. The key consideration is whether the project involves negligible or no expansion of an existing use. Reference: Section 21084, Public Resources Code. 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. Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. 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 Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. It includes (d) the Restoration CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . environment and which may be exempt from the provisions of CEQA. These exemptions are found in various places in the California Public . ['K=KRi'{AG B!b# ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. 0000005914 00000 n I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. No exceptions apply that would . 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. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. %%EOF b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R 15301. 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. Copyright 503 0 obj <>stream <> %%EOF 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. 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. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. 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). 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. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. State type and section number: _____ Statutory Exemptions. 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. 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. 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . Education Title 7. 3. endobj Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this 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, 0000001015 00000 n 0000009291 00000 n Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class Categorical Exemption. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . CEQA applies to certain activities of state and local public agencies. 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. 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 key consideration is whether the project involves negligible or no expansion of use. The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. <> (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. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 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 Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. du{(5S{Sog;i endstream endobj 473 0 obj <. 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 . 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 . 'y=`DB (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. % CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. tit. categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . 0000001602 00000 n 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. 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. Categorical Exclusions. For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. 0000018752 00000 n LEXIS 676. 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 1 0 obj Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY CEQA Exemptions. CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. General Provisions Title 2. 0000009854 00000 n endstream endobj startxref xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J No. 0000001409 00000 n L=7Dv40+;00ib}[o& 2z5gt #1%28#kn:&$X0L2RUc^ ]0lsT**j!%JfFl@I&3/0Tj}-}eI\a)@)^%FR &mP m|Yn15!+LIeQ&K%Ul ( @re1 '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Food and Agriculture Title 4. Business Regulations Title 5. 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . The Council found applicable three categorical exemptions: (1) operation of existing facilities (CEQA Guidelines, 15301); (2) conversion of small structures ( 15303); and (3) development of urban in-fill ( 15332). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Section 15301 of CEQAs Guidelines categorically exempts, among other things, ongoing operations at existing facilities. A new decision from the Fifth Appellate District will make it more difficult to apply the existing facilities exemption to complex land uses, and particularly to industrial operations. . 1, January 6, 2023. hb```f`` @16- the classes of categorical exemptions may be excluded from using a categorical exemption based on a series of exceptions identified in CEQA Guidelines 15300.2, that if triggered, prohibit the application of a categorical exemption. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. Categorical Exemption. 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