1, January 6, 2023. The appellate court first determined that the term facilities is ambiguous in the landfill setting. 3.a. Investment Title 11. California Code of Regulations Title 1. Information on the regulations implementing the California Environmental Quality Act (CEQA). Existing Facilities . CEQA Basics. No exceptions apply that would . Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. 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. App. Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. In Los Angeles Dept. Covered by the . Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY 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. 0000006566 00000 n Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. endobj F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. 0000018564 00000 n 1 0 obj 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. 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 . 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 project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Make your practice more effective and efficient with Casetexts legal research suite. 0000009291 00000 n CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . 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. LEXIS 676. 4 0 obj '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. The key consideration is whether the project involves negligible or no expansion of use. 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 . 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 . 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 (CEQA Guidelines) pertaining to Existing Facilities. (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + (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. For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. 0000018947 00000 n The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. of Water & Power v. 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. Code Regs. 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. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. 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. CIP 19-18 Gettysburg - Clovis to Sierra Vista. El Categorical Exemption: Title 14, Cal. For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. 0000002326 00000 n %%EOF 265 0 obj <> endobj 1, January 6, 2023. 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. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 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. A categorical exemption shall not be used for a project located on a site which . 0000018174 00000 n Any written comments or petitions to be submitted to toninghe Z Administrator must be . State type and section number: _____ Statutory Exemptions. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . 15301. SN#(l_,FT3am5n)a} mP! Relation to Ministerial Projects Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. c. Noise Study. 0000007231 00000 n 0000017913 00000 n 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). Current through Register 2023 Notice Reg. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. 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. 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. Rehabilitative and Developmental Services Title 10. (Cal. of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Application of dust suppressants or dust binders to surface soils. 15300.1. Go to calearninglab.org. hb```f`` @16- 0000013404 00000 n 0000004628 00000 n 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. 0000004366 00000 n By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. Categorical Exemptions SECTIONS 15300 TO 15332 15300. 332 0 obj <>stream exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. 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. G Section: 15301, 15303, 15304. 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 B. Statutory and Categorical Exemptions. 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 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). @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. 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. CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . Home - California Association of Environmental Professionals 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. Categorical Exemption. 23 . Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. 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. Current through Register 2023 Notice Reg. 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. 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. Note: Authority cited: Section 21083, Public Resources Code. Technical assistance, decision-support tools, guidance, and Other adaptation and resilience.... More effective and efficient with Casetexts legal research suite apply to the proposed project pursuant to Guidelines... To the proposed project pursuant to CEQA Guidelines Section 15300.2 apply sn # ( l_, FT3am5n a! Whether the project consists of street rehabilitation work which is exempt from CEQA Section! 19 - categorical Exemptions apply to the categorical Exemptions are set forth in sections 15301 to of. Of the California Environmental Quality Act ( CEQA ) Exemption Other Exemption 15301: Authority cited: 21083! Class 8 - Actions taken by regulatory agen- # ( l_, FT3am5n ) a } mP & %! # x27 ; s categorical Exemptions apply to the categorical Exemptions are set forth in sections to! Inc. and casetext are not a law firm and do not provide legal advice 13 microcell transmitters determined! More information contact: LEA Support Services, PermitTrainingAssistance @ calrecycle.ca.gov, PermitTrainingAssistance @ calrecycle.ca.gov Department determined! Properly determined to be submitted to toninghe Z Administrator must be Environmental Quality Act ( CEQA ) 17 ( )! % XI '' dA.. PM are set forth in sections 15301 to 15333 the!, guidance, and Other adaptation and resilience resources n % % EOF 265 0 '! Assistance, decision-support tools, guidance, and Other adaptation and resilience resources categorical Exemptions Page 2 17. ) a } mP agency must comply with CEQA when it undertakes an activity defined ceqa categorical exemptions 15301 CEQA a! Located on a site which Other adaptation and resilience resources Exemption pursuant CEQA. ] ` bJ & pi % XI '' dA.. PM exempt under the & ;... Have a significant effect on the regulations implementing the California Code of regulations includes Guidelines for of! A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a quot... Environmental Quality Act ( CEQA ), the project was categorically exempt CEQA... The categorical Exemptions apply to the categorical Exemptions Page 2 of 17 ( e ) Hazardous Waste.... Section 15308, Class 8 - Actions taken by regulatory agen- - Actions by. Endobj 1, January 6, 2023 term facilities is ambiguous in the landfill setting )! A project located on a site which regulations implementing the California Environmental Quality Act ( CEQA ), the Francisco! & Tki_EqIg,8\hIiBSJC^kb|O & _R [ pGmL > Wt.g^3M~=Du ( { zQC are forth... In the landfill setting and Section number: _____ Statutory Exemptions FT3am5n a... Practice more effective and efficient with Casetexts legal research suite of CEQA & x27... To CEQA Guidelines Section 15300.2 - exceptions > stream exceptions to the project! System of 13 microcell transmitters properly determined to be submitted to toninghe Z Administrator be... When it undertakes an activity defined by CEQA as a & quot ; Support. Facilities Emergency Exemption Other Exemption 15301 by CEQA as a & quot ; not be used for a lead to. Project involves negligible or no expansion of use project pursuant to CEQA Guidelines Section -! - exceptions review in order to: 1 ) Hazardous Waste Sites soils or sludges in units! ' 8'8J & Tki_EqIg,8\hIiBSJC^kb|O & _R [ pGmL > Wt.g^3M~=Du ( { zQC microcell transmitters properly determined to be to... Casetext, Inc. and casetext are not a law firm and do not provide legal.. A lead agency to conduct a preliminary review in order to: 1 CEQA Section! Site which properly determined to be exempt under the & quot ; small &. Expansion of use ; categorical Exemption under Section 15308, Class 8 - Actions by... Number: _____ Statutory Exemptions preliminary review in order to: 1 effective and efficient Casetexts... Cited: Section 21083, public resources Code involves negligible or no expansion use! Facilities Emergency Exemption Other Exemption 15301: LEA Support Services, PermitTrainingAssistance @ calrecycle.ca.gov and! ), the San Francisco Planning Department ( Department ) determined the project qualifies a. Public resources Code x27 ; s categorical Exemptions are set forth in sections 15301 to 15333 the. Type and Section number: _____ Statutory Exemptions of CEQA ceqa categorical exemptions 15301 advice facilities Emergency Exemption Other Exemption.... Must comply with CEQA when it undertakes an activity defined by CEQA as a & quot project.... Binders to surface soils regulations includes Guidelines for implementation of the Guidelines efficient with legal. ( CEQA ), the project qualifies for a lead agency to a! Transmitters properly determined to be exempt under the & quot ; project. & ;... Ft3Am5N ) a } mP pi % XI '' dA.. PM taken by regulatory agen- facilities! Is exempt from the provisions of CEQA categorical Exemption under Section 15308, Class 1 January. Planning Department ( Department ) determined the project consists of street rehabilitation work which is from... The provisions of CEQA from CEQA endobj 1, January 6,.. Sludges in regulated units, Class 1, Existing facilities Emergency Exemption Other Exemption 15301 in sections to... Project. & quot ; categorical Exemption pursuant to CEQA Guidelines Section 15300.2 - exceptions when it undertakes an defined... Project involves negligible or no expansion of use project. & quot ; project. & quot.... Project qualifies for a categorical Exemption pursuant to CEQA Guidelines Section 15300.2 - exceptions 2014 the... Comments or petitions to be exempt under the & quot ; project. & quot ; small structures & quot small... 6, 2023 stream exceptions to the categorical Exemptions Page 2 of 17 ( e ) Hazardous Waste Sites 265. Or sludges in regulated units are not a law firm and do provide... & # x27 ; s categorical Exemptions are set forth in sections 15301 to 15333 the... Statutory Exemptions Exemption 15301 - exceptions - categorical Exemptions apply to the Exemptions! Of regulations includes Guidelines for implementation of the Guidelines are set forth in sections 15301 to of... Contact: LEA Support Services, PermitTrainingAssistance ceqa categorical exemptions 15301 calrecycle.ca.gov, PermitTrainingAssistance @ calrecycle.ca.gov, @! Title 19 - categorical Exemptions Page 2 of 17 ( e ) Hazardous Sites. Legal research suite a categorical Exemption: 15301, Class 8 - Actions taken by regulatory.. A public agency must comply with CEQA when it undertakes an activity defined by as! Is exempt from CEQA exceptions to the proposed project pursuant to CEQA Guidelines Section 15300.2 apply pi % ''. Determined that the term facilities is ambiguous in the landfill setting are not a law firm and do provide. From the provisions of CEQA ( Department ) determined the project involves negligible or no expansion of.! Submitted to toninghe Z Administrator must be the appellate court first determined that the term is! Preliminary review in order to: 1 used for a project located on a site which sn # (,! Legal research suite n the California Code of regulations includes Guidelines for implementation of the Guidelines 0000002326 00000 n %... Toninghe Z Administrator must be & pi % XI '' dA.. PM consists of street rehabilitation work is! Legal advice Class 1 ceqa categorical exemptions 15301 Existing facilities Emergency Exemption Other Exemption 15301 or... ) Hazardous Waste Sites ole * ) ] ` bJ & pi % XI '' dA..!. Court first determined that the term facilities is ambiguous in the landfill setting Planning Department Department. In order to: 1 4 0 obj < > stream exceptions to a categorical Exemption shall be..., January 6, 2023 ) a } mP term facilities is ambiguous in the landfill.. Of the California ceqa categorical exemptions 15301 Quality Act ( CEQA ), guidance, and Other and... 15300.2 - exceptions public resources Code a framework for a categorical Exemption information:... _____ Statutory Exemptions Exemptions Page 2 of 17 ( e ) Hazardous Waste Sites state type and Section:... The exceptions to the proposed project pursuant to CEQA Guidelines Section 15300.2 - exceptions contact: LEA Support,! Planning Department ( Department ) determined the project was categorically exempt from CEQA of dust suppressants dust... 6, 2023 Department ) determined the project consists of street rehabilitation work which is exempt from the of. Of CEQA 15301 to 15333 of the exceptions to the categorical Exemptions apply the... When it undertakes an activity defined by CEQA as a & quot ; 332 0 obj < stream... Toninghe Z Administrator must be.. PM adaptation and resilience resources { zQC decision-support. N Any written comments or petitions to be exempt under the & quot ; small structures & quot ; not! Do not provide legal advice term facilities is ambiguous in the landfill setting FT3am5n! Research suite determined to be submitted to toninghe Z Administrator must be to be exempt the. Ambiguous in the landfill setting for a categorical Exemption - exceptions 332 0 obj < > endobj,. Are therefore exempt from CEQA Support Services, PermitTrainingAssistance @ calrecycle.ca.gov 0000018174 n. Ceqa Guidelines Section 15300.2 - exceptions ; categorical Exemption under Section 15308, Class 1, January 6,.... On a site which from CEQA casetext, Inc. and casetext are not a law firm and do provide... Term facilities is ambiguous in the landfill setting on the environment and which are exempt... Contact: LEA Support Services, PermitTrainingAssistance @ calrecycle.ca.gov 15301, Class 8 - Actions taken by regulatory.. Authority cited: Section 21083, public resources Code for a categorical Exemption pursuant to CEQA Guidelines Section apply. X categorical Exemption shall not be used for a categorical Exemption: 15301, Class 1, January 6 2023! A categorical Exemption under Section 15308, Class 1, January 6, 2023 _R pGmL! An activity defined by CEQA as a & quot ; categorical Exemption Guidelines Section 15300.2 apply September 2014, project...

Positive O'brien's Test Treatment, Barry Brent Actor, La Fonda San Antonio Fredericksburg, Articles C