0.5 mile. 0000007899 00000 n 0000000016 00000 n Maintenance or stabilization of berms, dikes, or surface impoundments. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . The appellate court first determined that the term facilities is ambiguous in the landfill setting. LEXIS 676. 0000003663 00000 n 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- 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 $1 million or less. determination. It includes (d) the Restoration Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. Copyright 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. 1, January 6, 2023. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 503 0 obj <>stream 0000008612 00000 n %%EOF The Executive Order suspends Public Resources Code, Division 13 (commencing with section 21000, also known as the California Environmental Quality Act or CEQA) and regulations adopted pursuant to that Division under specified circumstances. Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class t(n. YES: No further CEQA analysis is required. No further environmental review is required. CEQA Basics. The Court then evaluated whether operation of a landfill, or a portion of the operation, was more properly described as operation of a facility or as a minor alteration in the condition of land under the Class 4 categorical exemption (CEQA Guidelines, 15304). c. Noise Study. Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* Application of dust suppressants or dust binders to surface soils. CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. Industrial Relations Title 9. No. 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. Consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. 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. For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. 0000001602 00000 n 0000013404 00000 n December 30, 2022. 0000009291 00000 n 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. Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY 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. 2 0 obj environment and which may be exempt from the provisions of CEQA. 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 . Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. (CEQA Guidelines) pertaining to Existing Facilities. d$V\>`d@I8,$f3CVkkKA V%$wxO-W On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. %%EOF Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 2020-008063ENV) contained in the Commission's files for this contract modification. Make your practice more effective and efficient with Casetexts legal research suite. 0000001861 00000 n Climate Assessment, Science, and Research, Californias Climate Change Assessment, research priorities, and visualization tools, A program being developed by OPR, GO-Biz, and LWDA to support resilient, equitable, and sustainable regional economies, Inclusive and sustainable economic development across Californias diverse, interconnected regions, Initiative to bolster California's defense supply chain cybersecurity resilience, and to help grow and sustain California's cybersecurity workforce, California Intiative for the Advancement of PrecisionMedicine, Research and partnerships to advance patient-centered approaches that improve health outcomes, Research to improve STEM education access and outcomes to empower Californias future workforce California Code of Regulations Title 1. Nn awt R(Rp]!KF1? G aY[$^/ZgwQ*@x{JOZ/`a`7Je No. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. %%EOF 2023 State of California. 0000019124 00000 n ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. @ @HUZG>"Pl -`U^ l+=TT.Efsb;A#&,9\ch P[ b`diL3F @ pR Covered by the . (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. State type and section number: 15301 Existing Facilities Reasons for Exemption. In contrast, categorical exemptions are subject to a variety of "exceptions." If an exception applies to an otherwise categorically exempt project, the project must go through CEQA review even if it . 265 0 obj <> endobj mental Quality Act (CEQA), the project qualifies for a Categorical Exemption under Sec-tion 15301, Class 1 (Existing Facilities) and Section 15331, Class 31 (Historical Resource . Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. when a project qualifies for a statutory exemption, CEQA absolutely does not apply. Join OPRs CEQA email list to receive email announcements and CEQA news. 23 . . endobj Section 15301 of CEQA's Guidelines categorically exempts, among other things, ongoing operations at "existing facilities." A new decision from the Fifth Appellate District will make it more difficult to apply the "existing facilities" exemption to complex land uses, and particularly to industrial operations. hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u 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). Categorical Exemptions . 0000007231 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. First, the Court held that the County provided inadequate notice of its intent to rely on a categorical exemption to satisfy CEQA in approving condemnation. Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). 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. <>>> Categorical Exemption. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or 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. 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. 14, 15301.) Executive Order 12372 and federal grant resources, Key resources for understanding and implementing CEQA, Information on how transportation impacts are analyzed under CEQA, Judicial streamlining for Environmental Leadership Development Projects (SB7 and AB900). 332 0 obj <>stream The California Code of Regulations includes guidelines for implementation of 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. State CEQA Guidelines Sections 15301 through 15333 . 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. 0000004366 00000 n Go to calearninglab.org. 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. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. The second is to allow the public to comment on the impacts of projects in their community. Construction or maintenance of interim or temporary surface caps. 0000001015 00000 n Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. Military and Veterans Affairs 0000018947 00000 n SN#(l_,FT3am5n)a} mP! 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. CEQA applies to certain activities of state and local public agencies. CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. No. 0000001409 00000 n CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . 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 Categorical Exclusions. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . 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. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. Home - California Association of Environmental Professionals A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. 0000002812 00000 n Categorical Exclusion (CE) under the 2021 Programmatic Agreement Between the FHWA and Caltrans for projects that do not meet the definition of "highway projects" under 23 CFR 773.103 and that qualify for a CE under 23 CFR 771.117 Senior Environmental Planner or Environmental Branch Chief Print Name Signature Date Project Manager / DLA Engineer In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. (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. 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 Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h Harbors and Navigation Title 8. Common Sense Exemption. 14 15302 Download PDF Current through Register 2021 Notice Reg. 0000002326 00000 n Categorical Exemption. 3@0+RK,%w The project would not have a significant effect on the environment due to unusual Key resources for understanding and implementing the California Environmental Quality Act (CEQA). 0000003193 00000 n 14952, August 17, 2000] . 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 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). 0000018174 00000 n tit. 0000012548 00000 n 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. Icarp technical assistance, decision-support tools, guidance, and other ceqa categorical exemptions 15301 and resilience resources project would meet the of! 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