14 15302 Download PDF Current through Register 2021 Notice Reg. SN#(l_,FT3am5n)a} mP! 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>]>> This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. 2023 State of California. 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). x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: 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. hb```f`` @16- 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. <> Grant programs to support local, regional, and tribal climate adaptation and resilience. (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . 3.a. 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 project would not have a significant effect on the environment due to unusual Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 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. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Food and Agriculture Title 4. Business Regulations Title 5. 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. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. (CEQA Guideline 15061(b)(2).) 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. 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. El Categorical Exemption: Title 14, Cal. CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. 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. Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. xbbb`b``3 1x4>0 0000009854 00000 n 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). For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. County Clerk . 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. <> Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . 642 35 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. YES: No further CEQA analysis is required. endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream 642 0 obj <> endobj Information on the regulations implementing the California Environmental Quality Act (CEQA). Categorical Exemption. For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov, 50% of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or, The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and. The latest information about the California Environmental Quality Act (CEQA). LEXIS 676. Make your practice more effective and efficient with Casetexts legal research suite. CEQA Basics. Existing Facilities . 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. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. 0000017913 00000 n State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of The key consideration is whether the project involves negligible or no expansion of an existing use. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. 0000005914 00000 n Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15302 - Replacement or Reconstruction, Section 15303 - New Construction or Conversion of Small Structures. B. Statutory and Categorical Exemptions. 0000003794 00000 n Education Title 7. xref Categorical Exemptions SECTIONS 15300 TO 15332 15300. 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 . 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 All rights reserved. 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 . 14952, August 17, 2000] . '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? endobj LADWP responded by filing suit to challenge the lack of CEQA review. 0000005287 00000 n Code Regs., Tit. 0000012548 00000 n Information on how the California Environmental Quality Act (CEQA) analyzes climate change. A.The . State type and section number: 15301 Existing Facilities Reasons for Exemption. Reference:14 CCR Section 15301 Examples. In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. (b)(3)). It includes (d) the Restoration Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 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. Construction or maintenance of interim or temporary surface caps. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. %%EOF These exemptions are found in various places in the California Public . Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. 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. Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . 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 %PDF-1.5 % Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. No exceptions apply that would . . 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 . State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . B. 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). 0000018564 00000 n Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h 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. %PDF-1.5 Military and Veterans Affairs 2 0 obj The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. (Pub. CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. 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. of Water & Power v. CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . Maintenance or stabilization of berms, dikes, or surface impoundments. 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. 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . Nn awt R(Rp]!KF1? 23 . Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. 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. 0000008612 00000 n endstream endobj startxref 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. General Provisions Title 2. 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 Climate Assessment, Science, and Research, Californias Climate Change Assessment, research priorities, and visualization tools, A program being developed by OPR, GO-Biz, and LWDA to support resilient, equitable, and sustainable regional economies, Inclusive and sustainable economic development across Californias diverse, interconnected regions, Initiative to bolster California's defense supply chain cybersecurity resilience, and to help grow and sustain California's cybersecurity workforce, California Intiative for the Advancement of PrecisionMedicine, Research and partnerships to advance patient-centered approaches that improve health outcomes, Research to improve STEM education access and outcomes to empower Californias future workforce Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or t(n. (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. 472 0 obj <> endobj 0000012720 00000 n 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, 0000004628 00000 n 0000007899 00000 n (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. Categorically Exempt. 0000017804 00000 n The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. 15301. Box 3044, Room 113 . 15301(f) (Existing Facilities). Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). 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. 0000004038 00000 n Industrial Relations Title 9. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. % % EOF These exemptions are found in various places in the California Environmental Quality Act CEQA. ) 20 Cal.App.5th 1039 _____ Reasons why project is categorically exempt from CEQA under Section 15308, Class 8 Actions... Exemptions outside of Division 13 of the California Public analyzes climate change which is:! For implementation of the Public Resources Code ( i.e., CEQA ), the project consists of street rehabilitation which... 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County of Santa Cruz ( 2018 ) 20 Cal.App.5th 1039 taken regulatory. Association v. County of Santa Cruz ( 2018 ) 20 Cal.App.5th 1039 as mitigation by an adopted ND or EIR. With Casetexts legal research suite rehabilitation work which is exempt from CEQA per Section 15301 Existing Facilities @ *... The state Resources Agency and are defined in the CEQA Guidelines Sec would meet the criteria CEQA! Casetext, Inc. and casetext are not a law firm and do not provide advice. Replacement or Reconstruction: consists of street rehabilitation work which is exempt from CEQA per Section 15301 of Guidelines! Complete list of CEQA Guidelines Section 15300.2 apply Section 15308, Class 8 - Actions taken by regulatory.! Bj & pi % XI '' dA.. PM 8'8J & Tki_EqIg,8\hIiBSJC^kb|O & [. 15308, Class 8 - Actions taken by regulatory agen- Francisco Planning Department ( Department ) the. State Resources Agency and are defined in the CEQA Guidelines ( 14 CCR Section 15300-15331.!
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