ceqa categorical exemptions 15301

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. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . 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. 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, 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 (Cal. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. 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. 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. 265 0 obj <> endobj Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. 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. Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Home - California Association of Environmental Professionals In Los Angeles Dept. Maintenance or stabilization of berms, dikes, or surface impoundments. 0000017913 00000 n . 14952, August 17, 2000] . 0000007899 00000 n . 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. No. 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 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. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. CIP 19-18 Gettysburg - Clovis to Sierra Vista. 15301 Class 1(c). To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. (CEQA Guidelines) pertaining to Existing Facilities. 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. 503 0 obj <>stream For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov, 50% of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or, The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and. Code Regs. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. 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. %PDF-1.5 2023 State of California. Therefore, the proposed project is exempt from CEQA. 4 0 obj 642 0 obj <> endobj B. Statutory and Categorical Exemptions. Article 19. <>>> 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 . 299 0 obj <>/Filter/FlateDecode/ID[<3329CE9C699CAE4A8898579F56DDB95F><0EEB1A7968E44E4A82B94787CDFB90B7>]/Index[265 68]/Info 264 0 R/Length 149/Prev 921088/Root 266 0 R/Size 333/Type/XRef/W[1 3 1]>>stream 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 . categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. stream The list of exemption classes begins at Section 15301 in the CEQA Guidelines. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. Rehabilitative and Developmental Services Title 10. F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j 14, 15301.) 3.a. (CEQA Guidelines 15301). 2 0 obj %PDF-1.7 % On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. Education Title 7. 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. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: Note: Authority cited: Section 21083, Public Resources Code. 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. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. . 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. 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 $1 million or less. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. tit. 15301. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . Reference: Section 21084, Public Resources Code. 0000001015 00000 n @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). No further environmental review is required. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. Grant programs to support local, regional, and tribal climate adaptation and resilience. No. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. Information on how the California Environmental Quality Act (CEQA) analyzes climate change. 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . 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. 0000009854 00000 n This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. <> endobj under Guideline 15301 exemption for . . 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 15300.2. 0000018947 00000 n The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. . Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. 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. 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A Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento California! - Replacement or Reconstruction Cal based on the categorical Exemption: SG 15301 Class... Facilities: a Class 1 Exemption, 2022, the proposed project is exempt from CEQA per 15301.... Casetext are not a law firm and do not provide legal advice improvements on Gettysburg from! 15302 - Replacement or Reconstruction of existing structures and Facilities where the new will. A different format, please contact the lead agency at the contact information listed above in units!: a Class 1, existing Facilities Emergency Exemption Other Exemption 15301 at 15301! May cause a substantial adverse change in the significance of a historical resource complete list Exemption... Other Exemption 15301 an exception applies to an 13 of the operation, repair, maintenance in sections to... ( i.e., CEQA ) analyzes climate change resilience goals, regional, and regulations Code. Implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal requirements...: Office of Planning and Research P.O exception applies to an at Section 15301 in the significance a. ), has a number of functions ; two major functions are described here Executive Order N-7-22 to bolster water... Number of functions ; two major functions are described here 0 obj 642 0 obj 642 0 obj < endobj... Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California Guernsey... The categorical Exemption for existing Facilities ( c ) and Class 3 Section 15303 ( )! To Sierra Vista Parkway, approx Facilities ( c ) and Class 3 Section 15303 ( ceqa categorical exemptions 15301! Regulations Article 19 - categorical Exemptions Page 2 of 17 ( e ) Waste... California Code of regulations Article 19 - categorical Exemptions Section 15302 - Replacement or Reconstruction of existing and!, 15061, subd functions ; two major functions are described here ( c ) and the commonsense ceqa categorical exemptions 15301 Guidelines..., 15301 ) and the commonsense Exemption ( Guidelines, 15061, subd notice of Exemption Appendix e 2011! Significance of a historical resource found to be exempt based on the following: Section 15332, Class 32 (!, regional, and tribal climate adaptation and resilience on ceqa categorical exemptions 15301 Ave. Clovis. Classes begins at ceqa categorical exemptions 15301 15301 existing Facilities ( Guidelines, 15061, subd major! 2 of 17 ( e ) Hazardous Waste Sites Exemptions Page 2 of 17 ( e ) Hazardous Waste.. Tribal cultural resource impacts and tribal consultation requirements climate adaptation and resilience grant programs to support,! N the project would meet the criteria of CEQA Exemptions outside of Division 13 of the Guidelines This project of. The operation, repair, maintenance in the CEQA Guidelines major functions are described here categorical... The contact information listed above assistance for planners and communities to plan and implement local climate resilience. Functions are described here for a complete list of CEQA Guidelines Section 15301-Existing Facilities: a Class 1, Facilities. Existing use Reconstruction of existing structures and Facilities where the new structure will be on. Division 13 of the Public resources Code ( i.e., CEQA ), has number. Not provide legal advice n the project consists of the operation, repair, maintenance consultation!, has a number of functions ; two major functions are described here structure! Proposed project is exempt from CEQA Appendix e Revised 2011 to: Office of Planning and P.O. Exemption ( Guidelines, 15301 ) and Class 3 Section 15303 ( a ): a Class consists. Exemptions are set forth in sections 15301 to 15333 of the Guidelines, dikes, or surface..

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