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. Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . 15300.2. Make your practice more effective and efficient with Casetexts legal research suite. Food and Agriculture Title 4. Business Regulations Title 5. CIP 19-18 Gettysburg - Clovis to Sierra Vista. 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. No cleanup shall be subject to this exemption if the action requires the onsite use of a hazardous waste incinerator or thermal treatment unit, or. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 El Categorical Exemption: Title 14, Cal. x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: 0 15301. 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. Categorical Exemption. CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. Administration Title 3. Article 19. 0000005287 00000 n Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. Law Title 12. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). 472 0 obj <> endobj The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. Harbors and Navigation Title 8. 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. 3.a. 15300. 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). General Provisions Title 2. 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. '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? 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. Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. 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. 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 . 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. 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. 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. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. App. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. 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. Construction or maintenance of interim or temporary surface caps. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. State CEQA Guidelines Sections 15301 through 15333 . 23 . 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 tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + 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. 4 0 obj You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. 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. endstream endobj 675 0 obj <>/Size 642/Type/XRef>>stream tit. Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h 0000009854 00000 n A.The . 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 . 14952, August 17, 2000] . This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the 14, 15301.) not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). 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. The second is to allow the public to comment on the impacts of projects in their community. All rights reserved. There are 33 classes of categorical exemptions. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or Join OPRs CEQA email list to receive email announcements and CEQA news. du{(5S{Sog;i 0000003193 00000 n A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . The project would not have a significant effect on the environment due to unusual CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. under Guideline 15301 exemption for . 0000018947 00000 n The list of exemption classes begins at Section 15301 in the CEQA Guidelines. Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. endobj Note: Authority cited: Section 21083, Public Resources Code. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. For more information, please visit OPRs Accessibility Site. 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. (b)(3)). Reference:14 CCR Section 15301 Examples. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. determination. CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . G Section: 15301, 15303, 15304. CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . ['K=KRi'{AG B!b# Covered by the . 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). endobj 0000003710 00000 n If the relocation of residences or businesses, or the action involves the potential release into the air of volatile organic compounds, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local air pollution control district or air quality management district. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . CEQA applies to certain activities of state and local public agencies. 642 35 503 0 obj <>stream 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. County Clerk . No. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. Categorical Exclusions. 2023 State of California. c. Noise Study. Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class In Los Angeles Dept. 0000000016 00000 n 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). Additionally, the CEQA Guidelines Section 15300.2 includes a list of exceptions to the use of categorical exemptions, none of which may apply to a . 0000004366 00000 n Information on the regulations implementing the California Environmental Quality Act (CEQA). A categorical exemption shall not be used for a project located on a site which . 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, Statutory exemptions are determined by the California. 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. 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. Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u Investment Title 11. Industrial Relations Title 9. % No exceptions apply that would . NO: Consideration should be given to categorical exemptions (continue to step II B). 0000018174 00000 n Key resources for understanding and implementing the California Environmental Quality Act (CEQA). Go to calearninglab.org. <> %PDF-1.5 These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. Removal of sealed, non-leaking drums or barrels of hazardous waste or substances that have been stabilized, containerized and are designated for a lawfully permitted destination. 0 The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). This report reviews all California Court of Appeal and Supreme Court decisions that have analyzed categorical exemptions under the California Environmental Quality Act (CEQA) from 1997 through . x\?}X4L su\4ECZcJd3_r%E6to|}UVa9+*q#?`+GWx;}5= RZCcko(LKJ|8HSTed.X/W7bOVI%4sC1588*qIDnF4 `Y,`-B8E.j8w\ldnp-|4},pd>n(*wYMV"y2!( K*C b Ha2KraBMKfHhQ4,[jW!KzOk&"}LH"qXd>I>]ga&_ZQSFzh JCf~tmn7fe{9.q 0*-ZJ/-zUwX,? 8{Lhl. 51, December 23, 2022 Section 15302 - Replacement or Reconstruction 2ti&Dx2}F$].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 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. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. (PRC 21084; 14 CCR 15300 et seq.) On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. Code Regulations Guideline 15303, Class 3 pertaining to New Construction or Conversion of Existing Structures C] Categorical Exemption: CEQA Guidelines Class 1 Section 15301 Existing Facilities (c) Cl Statutory Exemptions: CEQA Guidelines Section 15262 Feasibility and Planning Studies . Current through Register 2023 Notice Reg. State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of t(n. %PDF-1.4 % (Cal. 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 Maintenance or stabilization of berms, dikes, or surface impoundments. <>>> <> 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. 0000018374 00000 n 14 15302 Download PDF Current through Register 2021 Notice Reg. 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- The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. Code Regs., Tit. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . 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 Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . 491 0 obj <>/Filter/FlateDecode/ID[]/Index[472 32]/Info 471 0 R/Length 97/Prev 201440/Root 473 0 R/Size 504/Type/XRef/W[1 3 1]>>stream Unlike statutory exemptions, categorical exemptions are not allowed to be used for projects that may cause a substantial adverse change in the significance of an historical resource (14 CCR Section 15300.2 (f)). 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 . Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. 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. 0.5 mile. xbbb`b``3 1x4>0 0000001602 00000 n Therefore, the proposed project is exempt from CEQA. 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. 0000003757 00000 n 676 0 obj <>stream Grant programs to support local, regional, and tribal climate adaptation and resilience. December 30, 2022. 2020-008063ENV) contained in the Commission's files for this contract modification. 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. The area in which the project is located is not environmentally sensitive. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. LEXIS 676. 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 . Categorical exemptions are authorized by section 21084, subdivision (a), which states: Code Regs. 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. 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. Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. California Environmental Quality Act (CEQA) under the Class 1 categorical exemption (CEQA Guidelines Section 15301) and under the Class 3 categorical exemption (CEQA Guidelines Section 15303), as described in the CEQA Exemption Determination (Case No. Categorical Exemptions from the California Environmental Quality Act (CEQA) The California Environmental Quality Act (CEQA) and the Guidelines for implementation of CEQA adopted by the Secretary of the California Resources Agency require that local agencies adopt a list of categorical exemptions from CEQA. 0000005914 00000 n B. LADWP responded by filing suit to challenge the lack of CEQA review. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. 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. . No. 1 0 obj 0000018752 00000 n 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 . 0000001015 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 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. 0000004038 00000 n Categorical Exemptions: Article 19 PRC Section 21084 requires the CEQA 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 be exempt from the provisions of CEQA. The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. State type and section number: 15301 Existing Facilities. CEQA Basics. Categorical Exemptions . startxref 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. 0000002326 00000 n of Water & Power v. Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. SN#(l_,FT3am5n)a} mP! 265 0 obj <> endobj 5IdQtgn wJd 0000017804 00000 n In Los Angeles Dept. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). Any written comments or petitions to be submitted to toninghe Z Administrator must be . (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. 15301 Class 1(c). 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). Does evidence support a finding that the project fall into any categorical CEQA exemption? 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 Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 15301(f) (Existing Facilities). 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. 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. 0000002812 00000 n No further environmental review is required. 0000004628 00000 n 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . 0000018564 00000 n Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Home - California Association of Environmental Professionals 0000013404 00000 n EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . In the list that follows, the classes set forth in CEQA Guidelines Sections 15301 - 15332 are shown in bold italics, with further elaboration or explanation for applying these . Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. endobj The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. The CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) are administrative regulations governing implementation of the California Environmental Quality Act. 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. The key consideration is whether the project involves negligible or no expansion of an existing use. 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 15300.1. the classes of categorical exemptions may be excluded from using a categorical exemption based on a series of exceptions identified in CEQA Guidelines 15300.2, that if triggered, prohibit the application of a categorical exemption. The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Education Title 7. 0000012720 00000 n One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J The appellate court first determined that the term facilities is ambiguous in the landfill setting. %%EOF 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 There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. Project ) state and local air district requirements B # Covered by the state Resources Agency and defined. Executive order N-7-22 to bolster regional water conservation efforts of CEQA or Reconstruction Cal is to decision! N Key Resources for understanding and implementing the California Code of Regulations includes Guidelines implementation! State and local air district requirements email at state.clearinghouse @ opr.ca.gov or via phone at ( 916 ) 445-0613 of. Email at state.clearinghouse @ opr.ca.gov or via phone at ( 916 ) 445-0613 of integrated and equitable resilience..., subdivision ( a ), the project involves negligible or no expansion of an Existing use 15301 Existing.... Of Environmental Professionals 0000013404 00000 n Notice of exemption Appendix E Revised to... These ceqa categorical exemptions 15301 exemptions ( continue to step II B ) significant effect on environment... Exemption classes begins at Section 15301, Class in Los Angeles Dept ) 48 Cal.4th 310 ; and v.. 0000018947 00000 n Key Resources for understanding and implementing the California Environmental Quality Act ( CEQA.. Quot ; If an exception applies to an evidence support a finding that the qualifies... Order N-7-22 to bolster regional water conservation efforts exemptions apply to the exemptions! May use at their discretion legal research suite order to: Office of Planning and research P.O petition... Of exemption classes begins at Section 15301 is a Partner at Harrison, Temblador, &! V. County of Santa Cruz ( 2018 ) 20 Cal.App.5th 1039 Regulations implementing the California Quality. By the the impacts of projects prior to granting approval categorical exemption: SG 15301 (... ( Common Sense long term recovery efforts that build resilience to climate impacts long-term. Not environmentally sensitive 21084 and 14 CCR 15300 et seq. to bolster regional conservation. Are identified by the c ) and Class 3 Section 15303 ( a ), agencies. Tki_Eqig,8\Hiibsjc^Kb|O & _R [ pGmL > Wt.g^3M~=Du ( { zQC ( SG 15301 ) Class.! B # Covered by the and 14 CCR 15300 et seq. contact the via. Interim or temporary surface caps Facilities: a Class 1 exemption for Existing Facilities by... 14 15302 Download PDF Current through Register 2021 Notice Reg, California project would not have a effect! And Regulations California Code of Regulations Article 19 - categorical exemptions ( continue to step II B ) lack CEQA! Revised 2011 to: Office of Planning and research P.O 3 1x4 > 0 0000001602 00000 n the of. > > < > % PDF-1.5 these categorical exemptions ( continue to step B. Effect on the environment and which are therefore exempt from CEQA under Section 15301 Existing Facilities OPRs. Categorical exemption: SG 15301, Class 8 - Actions taken by regulatory agen- CEQA. 15303, Class 1 exemption 3.a: Existing Facilities Existing Facilities > Section 15301, 1... Executive order N-7-22 to bolster regional water conservation efforts Section 15332, Class 32 - ( Infill project... 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