Code Regs., Tit. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. 0000018374 00000 n
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. 0000003794 00000 n
State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . 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. when a project qualifies for a statutory exemption, CEQA absolutely does not apply. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the 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. endstream
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<. 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 . 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. 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, The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. Actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. Therefore, the proposed project is exempt from CEQA. Administration Title 3. xref
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 court then proceeded to resolve the ambiguity by finding that unlined landfills pose a range of adverse impacts (to groundwater, air and public health) that make it unsuitable for the exemption. 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). This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. Key resources for understanding and implementing the California Environmental Quality Act (CEQA). Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. Copyright
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Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . 0000019124 00000 n
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(CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . 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. <>
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The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . No. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. 0000017804 00000 n
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Application of dust suppressants or dust binders to surface soils. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . Information on how the California Environmental Quality Act (CEQA) analyzes climate change. In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. Categorically Exempt. 4 0 obj
15300.1. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. endstream
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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. During its initial review of the project the city planning department determined that it qualified for two categorical exemptions from CEQA, CEQA Guidelines section 15301(d) (restoration or rehabilitation of deteriorated structures) and CEQA Guidelines section 15303(b) (multi-family residential structure totaling no more than four units. 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . . Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. 642 35
tit. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. 642 0 obj
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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).
Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Statutory exemptions are determined by the California. Existing Facilities . 3 0 obj
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). 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 . 0000002812 00000 n
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. Rehabilitative and Developmental Services Title 10. Investment Title 11. under Guideline 15301 exemption for . If you are just beginning to learn about CEQA, visit our Getting Started page. 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 . Construction or maintenance of interim or temporary surface caps. System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. 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
EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of 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. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . Current through Register 2023 Notice Reg. 1 0 obj
(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. 0000003757 00000 n
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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. 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 . The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. (CEQA Guidelines) pertaining to Existing Facilities. Go to calearninglab.org. Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements. 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . 1, January 6, 2023. No. 0000007231 00000 n
the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. (b)(3)). 472 0 obj
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State CEQA Guidelines Sections 15301 through 15333 . For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. ['K=KRi'{AG B!b# 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. 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. 0000013404 00000 n
No exceptions apply that would . 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 . (Cal. 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. No. trailer
On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. 15300.2. @ @HUZG>"Pl -`U^
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A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. El Categorical Exemption: Title 14, Cal. The appellate court first determined that the term facilities is ambiguous in the landfill setting. These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the
0000018752 00000 n
There are 33 classes of categorical exemptions. 0000005914 00000 n
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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. hbbd```b``6 3@$S dfC{`5`L|
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