B. Statutory and Categorical Exemptions. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. (CEQA Guidelines) pertaining to Existing Facilities. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 0000004366 00000 n
Harbors and Navigation Title 8. YES: No further CEQA analysis is required. CEQA Exemptions. 23 . 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. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. 0
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. Categorical Exclusions. 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . du{(5S{Sog;i 0000003663 00000 n
ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. endstream
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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. 1, January 6, 2023. 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 15300. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. The area in which the project is located is not environmentally sensitive. Sections 15300 to 15333 . Military and Veterans Affairs 0000003710 00000 n
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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. This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. endobj
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1x4>0 Information on the regulations implementing the California Environmental Quality Act (CEQA). 2023 State of California. The key consideration is whether the project involves negligible or no expansion of use. hb```,@( Therefore, the proposed project is exempt from CEQA. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. 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 . (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. 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 Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 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. 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 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 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. of Water & Power v. County of Inyo 2021 Cal. Copyright
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. hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u
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exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. Covered by the . 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. All rights reserved. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. 676 0 obj
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For more information, please visit OPRs Accessibility Site. 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). F;Ob :
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Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. Ft@ qDP5*ole*)]`bJ&pi% XI
" dA..PM! h CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. xref
PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . 0000018947 00000 n
15301. Make your practice more effective and efficient with Casetexts legal research suite. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. 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. 0.5 mile. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. 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. startxref
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. 3. Categorical Exemptions SECTIONS 15300 TO 15332 15300. %%EOF
The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. 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. System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. 15300.2. Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . No further environmental review is required. (CEQA Guideline 15061(b)(2).) xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J t(n. Statutory exemptions are determined by the California. 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. 0000012548 00000 n
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Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. 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. El Categorical Exemption: Title 14, Cal. 503 0 obj
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One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . 299 0 obj
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Daniel Garrett Obituary, Seeing Red Spots When Waking Up, Articles C
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