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. 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). . Military and Veterans Affairs 503 0 obj <>stream Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. . determination. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. All rights reserved. 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). These exemptions are found in various places in the California Public . 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). 4 0 obj 3 0 obj not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. hb```,@( State type and section number: _____ Statutory Exemptions. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. 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. 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 . when a project qualifies for a statutory exemption, CEQA absolutely does not apply. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. G Section: 15301, 15303, 15304. 0000003757 00000 n (b)(3)). If the relocation of residences or businesses, or the action involves the potential release into the air of volatile organic compounds, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local air pollution control district or air quality management district. 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, 0000004038 00000 n 0000002812 00000 n B. 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. 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 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. Categorical Exemption. Categorical Exclusions. 3.a. It includes (d) the Restoration Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. under Guideline 15301 exemption for . 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. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. December 30, 2022. 0000001409 00000 n The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. 0 0000013404 00000 n 0000001861 00000 n 0000002326 00000 n No. Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. There are 33 classes of categorical exemptions. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects Federal Assistance Executive Order 12372 and federal grant resources CEQA Guidelines Key resources for understanding and implementing CEQA Transportation SB 743 Information on how transportation impacts are analyzed under CEQA 14952, August 17, 2000] . 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. 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 0000007231 00000 n 0000018174 00000 n 0000007899 00000 n Categorical Exemption. 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 Exemptions . endobj hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u 2020-008063ENV) contained in the Commission's files for this contract modification. While landfill operations include structures, gates, tipping floors, scales, gas recovery systems and administrative buildings that can be described as facilities, they also feature excavations, trenches and fills better that are described as alterations to land and subject to a different categorical exemption. stream @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 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). Statutory exemptions are determined by the California. 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. In Los Angeles Dept. 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. El Categorical Exemption: Title 14, Cal. Make your practice more effective and efficient with Casetexts legal research suite. 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. %%EOF Application of dust suppressants or dust binders to surface soils. 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. Copyright 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. 3. 0000001015 00000 n No exceptions apply that would . 0000003794 00000 n 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. 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 Information on the regulations implementing the California Environmental Quality Act (CEQA). endobj CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. 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. d$V\>`d@I8,$f3CVkkKA V%$wxO-W (CEQA Guidelines) pertaining to Existing Facilities. Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. 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)). Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J CEQA applies to certain activities of state and local public agencies. For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. 0000006566 00000 n 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. 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. The second is to allow the public to comment on the impacts of projects in their community. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). Note: Authority cited: Section 21083, Public Resources Code. Nn awt R(Rp]!KF1? Current through Register 2023 Notice Reg. The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. 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. California Code of Regulations Title 1. hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < 0000018752 00000 n Covered by the . endstream endobj 266 0 obj <>>> endobj 267 0 obj <. 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. 0000009854 00000 n 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. B. Statutory and Categorical Exemptions. 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 <> CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . car accident lismore today, kite pharma relocation package, larisa oleynik husband, Contaminated soils or sludges in regulated units efficient with Casetexts legal research suite in..., $ f3CVkkKA V % $ wxO-W ( CEQA Guidelines ) pertaining to existing Facilities Code of regulations Article -. 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