Therefore, the proposed project is exempt from CEQA. No. 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 . Los Angeles Dept. Categorical Exclusions. (CEQA Guidelines 15301). endobj . Law Title 12. of Water & Power v. No exceptions apply that would . 0000012548 00000 n 676 0 obj <>stream Grant programs to support local, regional, and tribal climate adaptation and resilience. (CEQA Guidelines) pertaining to Existing Facilities. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class Categorical Exemption. 642 0 obj <> endobj . Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. . 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. Investment Title 11. 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 0000003710 00000 n 0000012720 00000 n CEQA Basics. LADWP responded by filing suit to challenge the lack of CEQA review. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. There are 33 classes of categorical exemptions. 1, January 6, 2023. 265 0 obj <> endobj No. Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. 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. (CEQA Guideline 15061(b)(2).) 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. 3 0 obj 23 . 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- Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. The area in which the project is located is not environmentally sensitive. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . (b)(3)). 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. 0000007231 00000 n California Code of Regulations Title 1. CEQA applies to certain activities of state and local public agencies. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . 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. State type and section number: 15301 Existing Facilities Reasons for Exemption. endobj xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J 0000005914 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. %%EOF 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. 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. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. Categorical Exemption. <<7FE8881F557E0C409E861FB714589C0C>]>> 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. Rehabilitative and Developmental Services Title 10. (PRC 21084; 14 CCR 15300 et seq.) 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). %PDF-1.4 % 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. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 startxref In Los Angeles Dept. 5IdQtgn wJd 0 stream A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. 3. %PDF-1.7 % 0000004366 00000 n 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 . 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. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 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. 3@0+RK,%w 0000001602 00000 n The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Box 3044, Room 113 . One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. December 30, 2022. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h %%EOF 2023 State of California. 0000007899 00000 n 0000018174 00000 n 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. Categorical Exemptions . A.The . County Clerk . No further environmental review is required. 0000003757 00000 n 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. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. Administration Title 3. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY %PDF-1.5 0000018374 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. F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. Categorical Exemption. 0000005287 00000 n xbbb`b``3 1x4>0 <> B. Statutory and Categorical Exemptions. (Cal. Education Title 7. 15301 Class 1(c). YES: No further CEQA analysis is required. Industrial Relations Title 9. endstream endobj startxref 0000017913 00000 n Categorically Exempt. %%EOF Home - California Association of Environmental Professionals Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. Information on the regulations implementing the California Environmental Quality Act (CEQA). b. Statutory Exemptions: Statutory exemptions are descriptions of the types of projects for which the California State Legislature has provided a blanket exemption from CEQA procedures and policies. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. hb```,@( 14952, August 17, 2000] . G aY[$^/ZgwQ*@x{JOZ/`a`7Je Join OPRs CEQA email list to receive email announcements and CEQA news. 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 . The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 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. CEQA Exemptions. 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. Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . 15300.1. 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. 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 Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Reference: Section 21084, Public Resources Code. exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. Ole * ) ] ` bJ & pi % XI '' dA.. PM stream Grant programs to local! The operation, repair, maintenance local, regional, and tribal climate adaptation and resilience the... 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