Categorical Exemptions . % Reference: Section 21084, Public Resources Code. determination. 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. 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). hb```f`` @16- State type and section number: 15301 Existing Facilities. Industrial Relations Title 9. The key consideration is whether the project involves negligible or no expansion of use. 0 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. State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of 0000002812 00000 n 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. b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R 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. Go to calearninglab.org. CIP 19-18 Gettysburg - Clovis to Sierra Vista. 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. trailer EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . 676 0 obj <>stream hbbd```b``6 3@$S dfC{`5`L| &u QDrEX X$?c`bd`LH&A@ < (Pub. 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 . 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. Any written comments or petitions to be submitted to toninghe Z Administrator must be . Does evidence support a finding that the project fall into any categorical CEQA exemption? 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 . In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. Code Regs. (Cal. 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. 51, December 23, 2022 Section 15302 - Replacement or Reconstruction Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Harbors and Navigation Title 8. d$V\>`d@I8,$f3CVkkKA V%$wxO-W The Secretary for Resources has found that the classes of projects listed in Article 19 do not have a significant effect on the environment, and they are declared to be categorically exempt from the requirement for the preparation of environmental documents. Military and Veterans Affairs 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). NO: Consideration should be given to categorical exemptions (continue to step II B). %%EOF There are 33 classes of categorical exemptions. 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 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. General Provisions Title 2. (CEQA Guidelines) pertaining to Existing Facilities. 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 . when a project qualifies for a statutory exemption, CEQA absolutely does not apply. . 0000009854 00000 n '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. 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 . Home - California Association of Environmental Professionals CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . Categorically Exempt. 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, Law Title 12. 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 project would not have a significant effect on the environment due to unusual 0000018374 00000 n Note: Authority cited: Section 21083, Public Resources Code. 0000007899 00000 n Investment Title 11. These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. 15301 Class 1(c). Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class The key consideration is whether the project involves negligible or no expansion of an existing use. (PRC 21084; 14 CCR 15300 et seq.) 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. 0000004038 00000 n 0 of Water & Power v. County of Inyo, the county attempted to invoke the exemption for operations at an unlined landfill, as part of an effort to acquire the landfill from the Los Angeles Department of Water & Power by eminent domain. Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. Article 19. 0000013404 00000 n 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 $1 million or less. 0000000016 00000 n Categorical exemptions are authorized by section 21084, subdivision (a), which states: To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. No. G aY[$^/ZgwQ*@x{JOZ/`a`7Je App. 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 472 0 obj <> endobj Rehabilitative and Developmental Services Title 10. Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). 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. 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. F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j <>>> 0000007231 00000 n No further environmental review is required. %PDF-1.4 % Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. State type and section number: _____ Statutory Exemptions. 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 %%EOF These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J . Food and Agriculture Title 4. Business Regulations Title 5. startxref 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. State type and section number: 15301 Existing Facilities Reasons for Exemption. State CEQA Guidelines Sections 15301 through 15333 . Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 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