A.The . categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . 23 . County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . ['K=KRi'{AG B!b# environment and which may be exempt from the provisions of CEQA. For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. 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. 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. (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. Categorical Exemption. 4 0 obj tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + startxref endobj Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects Federal Assistance Executive Order 12372 and federal grant resources CEQA Guidelines Key resources for understanding and implementing CEQA Transportation SB 743 Information on how transportation impacts are analyzed under CEQA This report reviews all California Court of Appeal and Supreme Court decisions that have analyzed categorical exemptions under the California Environmental Quality Act (CEQA) from 1997 through . @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* The following specific categorical exemptions within such classes are set forth for use by Lead City Agencies, provided such categorical exemptions are not used for projects where it can be readily perceived that such projects may have a . Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. 0000018374 00000 n 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. Sections 15300 to 15333 . c. Noise Study. 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. Under CEQA Guidelines section 15301, the key consideration in applying a Class 1 exemption is "whether the project involves negligible or no expansion of use of existing facilities." In recent years, the school used temporary (portable) lights at the stadium for a total of approximately 40-50 evenings per year. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant toSection 65962.5 of the Government Code. California Code of Regulations Title 1. Statutory exemptions are determined by the California. The CEQA Guidelines include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. 2023 State of California. endstream endobj startxref 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- Make your practice more effective and efficient with Casetexts legal research suite. Therefore, the proposed project is exempt from CEQA. endobj Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. Join OPRs CEQA email list to receive email announcements and CEQA news. hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < For more information, please visit OPRs Accessibility Site. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 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 Go to calearninglab.org. 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. tit. 0000001409 00000 n Grant programs to support local, regional, and tribal climate adaptation and resilience. Categorically Exempt. 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. Common Sense Exemption. (b)(3)). 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). The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. YES: No further CEQA analysis is required. Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . 0000002326 00000 n 0000007899 00000 n <> The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. 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. Key resources for understanding and implementing the California Environmental Quality Act (CEQA). 5IdQtgn wJd . 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 The following categorical determinations are based on the project submittal and all project information known to the District as of the date of this determination. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. 0000003710 00000 n The second is to allow the public to comment on the impacts of projects in their community. The appellate court first determined that the term facilities is ambiguous in the landfill setting. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. 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 15300.1. 0000003757 00000 n Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . 0000009854 00000 n xref This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. In Los Angeles Dept. 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. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Section 15301 - Existing Facilities 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. 0 <>>> Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. Article 19. 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. 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 15300. du{(5S{Sog;i 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). determination. 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. 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. (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. Please note this does not mean the project will have any significant impacts under CEQA, that! The landfill setting programs to Support local, regional, and tribal consultation requirements Section 15301 existing facilities (,. 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