ceqa categorical exemptions 15301

PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. t(n. Current through Register 2023 Notice Reg. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. 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. %%EOF You may also contact the OPR via email at [email protected] or via phone at (916) 445-0613. Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . (Cal. LEXIS 676. 332 0 obj <>stream YES: No further CEQA analysis is required. 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. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. 0000003663 00000 n CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . . K~8w"2%q' _E1K=^!L/:yf/ d (C"(uV22i%J8N?&U-Xi|_r;gXgcs2|v0f;{A3h\ig* KCca"A[5^5Y^}&;s1qQ@s>s 5_/j@G`DI@%'l)>\{!Q,:ZqkSzgaC03TZHDH"Y2^o[qkOmI7*"t! =cdhA=kA 0000000016 00000 n The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. LADWP responded by filing suit to challenge the lack of CEQA review. of Water & Power v. County of Inyo 2021 Cal. Categorical Exclusions. 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. 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 Exemptions . 2 0 obj The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: under Guideline 15301 exemption for . 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. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 0000003794 00000 n County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. The key consideration is whether the project involves negligible or no expansion of use. In addition, the project will not result in any specific or general exceptions to the use of the categorical exemptions as detailed under State CEQA Guidelines Section 15300.2. Education Title 7. 0 0000019124 00000 n 0000004288 00000 n 14952, August 17, 2000] . On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. 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. This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. 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). 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 . Nn awt R(Rp]!KF1? G Section: 15301, 15303, 15304. CEQA Basics. No further environmental review is required. Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class 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). System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. When relying on a categorical exemption to CEQA, like the Existing Facilities (CEQA Guidelines Section 15301), Replacement or Reconstruction (CEQA Guidelines Section 15302) or New Construction or Conversion of Small Structures (CEQA Guidelines Section 15303) exemption, it is important to understand that CEQA looks at the changes that will be made to the present conditions. 0000009291 00000 n California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects Federal Assistance Executive Order 12372 and federal grant resources CEQA Guidelines Key resources for understanding and implementing CEQA Transportation SB 743 Information on how transportation impacts are analyzed under CEQA B. Statutory and Categorical Exemptions. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. A.The . California Code of Regulations Title 1. 0000002812 00000 n The decision tracked the reasoning of an earlier case, Azusa Land Reclamation Co. v. Main San Gabriel Basin Watermaster (1997) 52 Cal.App.4th 1165, which also found the exemption ambiguous as applied to a landfill. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). No. 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. 642 35 endstream endobj 266 0 obj <>>> endobj 267 0 obj <. %%EOF 15300.1. I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. 51, December 23, 2022 Section 15302 - Replacement or Reconstruction 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. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. xb```b``XL.Ilr[,*fCKCC2TixPS)#e3S3A cA#PA|CqP34j J Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. 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 Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. Code Regs., Tit. 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. 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 Sections 15300 to 15333 . 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. 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. categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . G aY[$^/ZgwQ*@x{JOZ/`a`7Je There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . Information on the regulations implementing the California Environmental Quality Act (CEQA). For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. State type and section number: _____ Statutory Exemptions. 0 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. One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. 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 . 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 Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15302 - Replacement or Reconstruction, Section 15303 - New Construction or Conversion of Small Structures. 0000018564 00000 n Categorically Exempt. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. State CEQA Guidelines Sections 15301 through 15333 . Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. (Pub. %%EOF It includes (d) the Restoration The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice.

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