ceqa categorical exemptions 15301

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. Categorical Exclusions. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 3@0+RK,%w 0000001602 00000 n No. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or No exceptions apply that would . 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, . Administration Title 3. 642 0 obj <> endobj 676 0 obj <>stream Law Title 12. Categorical Exemptions . _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. 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. 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 . General Provisions Title 2. It includes (d) the Restoration 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 t(n. These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the of Water & Power v. County of Inyo 2021 Cal. b. Statutory Exemptions: Statutory exemptions are descriptions of the types of projects for which the California State Legislature has provided a blanket exemption from CEQA procedures and policies. Education Title 7. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. 15301 Class 1(c). State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . stream 0000019124 00000 n 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. %%EOF Join OPRs CEQA email list to receive email announcements and CEQA news. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + 2023 State of California. 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. Los Angeles Dept. Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . State CEQA Guidelines Sections 15301 through 15333 . 15301. Any written comments or petitions to be submitted to toninghe Z Administrator must be . The appellate court first determined that the term facilities is ambiguous in the landfill setting. tit. For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. In Los Angeles Dept. Make your practice more effective and efficient with Casetexts legal research suite. A categorical exemption shall not be used for a project located on a site which . The key consideration is whether the project involves negligible or no expansion of an existing use. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. 0000017913 00000 n 'y=`DB CEQA applies to certain activities of state and local public agencies. 3.a. Reference: Section 21084, Public Resources Code. Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . State type and section number: _____ Statutory Exemptions. Information on the regulations 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 . Go to calearninglab.org. (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . The list of exemption classes begins at Section 15301 in the CEQA Guidelines. CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). Harbors and Navigation Title 8. 265 0 obj <> endobj 332 0 obj <>stream exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. The city planning department determined that the renovation of the cottage was categorically exempt from CEQA under the Class 1 exemption (Guidelines, 15301, subd. Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. Industrial Relations Title 9. 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 latest information about the California Environmental Quality Act (CEQA). 0000003193 00000 n (CEQA Guideline 15061(b)(2).) Information on how the California Environmental Quality Act (CEQA) analyzes climate change. Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. when a project qualifies for a statutory exemption, CEQA absolutely does not apply. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R . ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. 0000018564 00000 n Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. of Water & Power v. %PDF-1.5 @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . California Environmental Quality Act (CEQA) under the Class 1 categorical exemption (CEQA Guidelines Section 15301) and under the Class 3 categorical exemption (CEQA Guidelines Section 15303), as described in the CEQA Exemption Determination (Case No. endstream endobj 266 0 obj <>>> endobj 267 0 obj <. 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. G aY[$^/ZgwQ*@x{JOZ/`a`7Je You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. 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 . 0000018374 00000 n There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. 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. 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, Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Section 21084 of the Public Resources Code requires these 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, therefore, be exempt from the provisions of CEQA. trailer Historical Resources A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. 0000002812 00000 n No further environmental review is required. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. If the relocation of residences or businesses, or the action involves the potential release into the air of volatile organic compounds, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local air pollution control district or air quality management district. 0000018947 00000 n 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. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). the classes of categorical exemptions may be excluded from using a categorical exemption based on a series of exceptions identified in CEQA Guidelines 15300.2, that if triggered, prohibit the application of a categorical exemption. NO: Consideration should be given to categorical exemptions (continue to step II B). 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. 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. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> (CEQA Guidelines) pertaining to Existing Facilities. 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. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . c. Noise Study. L=7Dv40+;00ib}[o& 2z5gt #1%28#kn:&$X0L2RUc^ ]0lsT**j!%JfFl@I&3/0Tj}-}eI\a)@)^%FR &mP m|Yn15!+LIeQ&K%Ul ( @re1 0000006566 00000 n Statutory exemptions are determined by the California. 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. Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 0000005914 00000 n <>>> Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. Ceqa as a & quot ; project. & quot ; does not mean project. 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