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. 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. Military and Veterans Affairs 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 . Administration Title 3. 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. 332 0 obj <>stream For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. when a project qualifies for a statutory exemption, CEQA absolutely does not apply. Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. endobj 4 0 obj 0000003663 00000 n App. Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . 15300. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . The appellate court first determined that the term facilities is ambiguous in the landfill setting. 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 . Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. Key resources for understanding and implementing the California Environmental Quality Act (CEQA). 0000005287 00000 n 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. Rehabilitative and Developmental Services Title 10. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or endobj 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. (Cal. 2020-008063ENV) contained in the Commission's files for this contract modification. In Los Angeles Dept. LADWP responded by filing suit to challenge the lack of CEQA review. Categorical Exemptions . endstream endobj 473 0 obj <. 15301. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. 1, January 6, 2023. 0000007899 00000 n CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. determination. 0000003794 00000 n of Water & Power v. County of Inyo 2021 Cal. of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. numerous categorical exemptions already exist that cover many of the same types of projects set forth in section 21080.25 (see, e.g., ceqa guidelines 15301 (c), 15302, 15304 (h), 15311), but statutory exemptions are superior in defensibility where they apply because they are absolute and not subject to the "unusual circumstances," cumulative 0000007231 00000 n 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 latest information about the California Environmental Quality Act (CEQA). 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. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . % Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . 2 0 obj There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. LEXIS 676. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). All rights reserved. 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. 3.a. CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. 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 list of exemption classes begins at Section 15301 in the CEQA Guidelines. 3@0+RK,%w 0000001861 00000 n 5IdQtgn wJd Code Regs. Make your practice more effective and efficient with Casetexts legal research suite. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. 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. Categorical Exemption. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. G 15061(b)(3) - It can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the activity is not subject to the CEQA. ['K=KRi'{AG B!b# 0000018752 00000 n CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 0000004628 00000 n 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. 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. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. YES: No further CEQA analysis is required. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . No. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. Los Angeles Dept. (CEQA Guidelines 15301). 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 . The key consideration is whether the project involves negligible or no expansion of an existing use. tit. 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 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 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). The second is to allow the public to comment on the impacts of projects in their community. There are also a number of categorical exemptions from CEQA that exempt a project from CEQA unless there is evidence of unusual circumstances indicating that the activity might . 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 Categorical exemptions are authorized by section 21084, subdivision (a), which states: 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. _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. 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- 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. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . If you are just beginning to learn about CEQA, visit our Getting Started page. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. 0000013404 00000 n hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < (Pub. 15301 Class 1(c). Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. 0000009854 00000 n 'y=`DB CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). %%EOF Categorical Exemption. Harbors and Navigation Title 8. El Categorical Exemption: Title 14, Cal. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h 0000006566 00000 n 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. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. 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