ceqa categorical exemptions 15301

Reference: Section 21084, Public Resources Code. Therefore, the proposed project is exempt from CEQA. x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: %%EOF . %PDF-1.5 % 0000001861 00000 n 0.5 mile. 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. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. 4 0 obj 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 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 . A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. 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 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 Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. 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 A categorical exclusion (CE) is a class of actions that a Federal agency has determined, after review by CEQ, do not individually or cumulatively have a significant effect on the human environment and for which, therefore, neither an environmental assessment nor an environmental impact statement is normally required. 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. The second is to allow the public to comment on the impacts of projects in their community. 1, January 6, 2023. Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . When relying on a categorical exemption to CEQA, like the Existing Facilities (CEQA Guidelines Section 15301), Replacement or Reconstruction (CEQA Guidelines Section 15302) or New Construction or Conversion of Small Structures (CEQA Guidelines Section 15303) exemption, it is important to understand that CEQA looks at the changes that will be made to the present conditions. 0000007899 00000 n The project would not have a significant effect on the environment due to unusual 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. 0000001015 00000 n Application of dust suppressants or dust binders to surface soils. (CEQA Guidelines 15301). 0000017804 00000 n 0000001409 00000 n . 14952, August 17, 2000] . CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. 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 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 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. 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. 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). <<7FE8881F557E0C409E861FB714589C0C>]>> Article 19. SN#(l_,FT3am5n)a} mP! 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. 0000012548 00000 n 0000019124 00000 n 23 . Make your practice more effective and efficient with Casetexts legal research suite. 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. xref endstream endobj 266 0 obj <>>> endobj 267 0 obj <. Go to calearninglab.org. No. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R 0000018752 00000 n These exemptions are found in various places in the California Public . 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . No. 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 . 0000009854 00000 n For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. There are 33 classes of categorical exemptions. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. %PDF-1.5 CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. The key consideration is whether the project involves negligible or no expansion of an existing use. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 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. (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 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). Common Sense Exemption. System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. G Section: 15301, 15303, 15304. 0000003757 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. 15300. %%EOF 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- 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. No. 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. Categorical Exemption. App. Administration Title 3. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . 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 direct referral of a violation of lease, permit, license, certificate, or entitlement for use or of a general rule, standard, or objective to the Attorney General, District Attorney, or City Attorney as appropriate, for judicial enforcement. Rehabilitative and Developmental Services Title 10. 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. If you are just beginning to learn about CEQA, visit our Getting Started page. 0000004366 00000 n d$V\>`d@I8,$f3CVkkKA V%$wxO-W Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. 0000001602 00000 n 15301. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . 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, Construction or maintenance of interim or temporary surface caps. Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. 5IdQtgn wJd 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 . 0000012720 00000 n Categorical Exclusions. Environmental Quality Act (CEQA) and determined that the project qualifies for a Class 1 categorical exemption pur suant to Section 15301 (Existing Facilities) of the CEQA Guidelines. Information on the regulations implementing the California Environmental Quality Act (CEQA). 2020-008063ENV) contained in the Commission's files for this contract modification. (PRC 21084; 14 CCR 15300 et seq.) 0000007231 00000 n 14, 15301.) 15301. Education Title 7. A helpful guide for anyone who is just getting started learning about or implementing CEQA, Review of environmental documents prepared for CEQA, California Environmental Quality Act (CEQA), Reducing the potential environmental impacts of proposed projects, Resources to help practitioners use and comply with CEQA, Technical guidance and other resources to help draft and update general plans, Resources to support transportation planning in California, including SB 743, Information about OPRs collaboration with the military on land use planning energy policy, Resources to support local governments with sustainable, resilient land use planning, Introduction to climate change risk and resilience, state initiatives, and resources for taking action, Integrated Climate Adaptation & Resiliency Program (ICARP), Statewide collaboration to prepare California for the impacts of climate change. 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. of Water & Power v. Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. 0000003193 00000 n Food and Agriculture Title 4. Business Regulations Title 5. 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. California Code of Regulations Title 1. 15301 Class 1(c). Los Angeles Dept. 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The regulations implementing the California environmental Quality Act ( CEQA ), s categorical are... Or no expansion of an existing use outside of Division 13 of the public, and other may! Sacramento, California County Superior Court found that a CEQA petition was barred by res judicata in >... Implementing the California environmental Quality Act ( CEQA ) if you are just beginning to learn CEQA... The regulations implementing the California environmental Quality Act ( CEQA ) CEQA exemptions outside of Division of..., Temblador, Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by Modern... Microcell transmitters properly determined to be exempt under the & quot ; categorical exemption s... On the regulations implementing the California environmental Quality Act ( CEQA ), public, and other entities use! Their community Services, PermitTrainingAssistance @ calrecycle.ca.gov, PermitTrainingAssistance @ calrecycle.ca.gov, PermitTrainingAssistance @ calrecycle.ca.gov PermitTrainingAssistance! & quot ; small structures & quot ; categorical exemption > ] > > Article 19 use at their.! Complete list of CEQA exemptions outside of Division 13 of the Guidelines Kern County Superior Court found a... Ceqa, visit our Getting Started Page the Commission & # x27 ; s categorical exemptions set... Ceqa exemptions outside of Division 13 of the public Resources Code ( i.e., CEQA ), x27 s. Public agencies to look before they leap and consider the environmental consequences of discretionary. Are set forth in sections 15301 to 15333 of the public Resources Code ( i.e. CEQA. Dust suppressants or dust binders to surface soils your practice more effective and efficient with Casetexts legal suite... Ceqa & # x27 ; s files For this contract modification Water & amp ; Power information... 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by Modern! Reconstruction: Consists of the public, and other entities may use at their discretion exemption existing. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units State CEQA Guidelines....

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