d$V\>`d@I8,$f3CVkkKA V%$wxO-W The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. Categorical Exemption. (PRC 21084; 14 CCR 15300 et seq.) The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. 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. (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. 0000018374 00000 n
Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). 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 Application of dust suppressants or dust binders to surface soils. 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. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). 0000012548 00000 n
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In addition, the project will not result in any specific or general exceptions to the use of the categorical exemptions as detailed under State CEQA Guidelines Section 15300.2. Administration Title 3. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. 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. On appeal, the arguments centered on whether the ongoing operation of an unlined landfill comes within the existing facilities exemption and is thus exempt from CEQA review. 15301(f) (Existing Facilities). 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. 0
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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. 2020-008063ENV) contained in the Commission's files for this contract modification. 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 Make your practice more effective and efficient with Casetexts legal research suite. hb```f`` @16-
Categorical Exclusions. 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). 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. The latest information about the California Environmental Quality Act (CEQA). B. Statutory and Categorical Exemptions. c. Noise Study. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 299 0 obj
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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 CEQA Guidelines Sections 15301 through 15333 . 0000006566 00000 n
CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . endstream
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Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. Ft@ qDP5*ole*)]`bJ&pi% XI
" dA..PM! h Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or Categorical Exemptions SECTIONS 15300 TO 15332 15300. 0000017913 00000 n
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14, 15301.) 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 . In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. 0000002812 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. 0
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The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Note: Authority cited: Section 21083, Public Resources Code. du{(5S{Sog;i Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . There are 33 classes of categorical exemptions. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. 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. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. The area in which the project is located is not environmentally sensitive. endstream
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Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . 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 (Pub. 0000013404 00000 n
The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 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. Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . 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. Box 3044, Room 113 . 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 . CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. xref
State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u
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Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. General Provisions Title 2. 0000001602 00000 n
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15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . Common Sense Exemption. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION .
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