ceqa categorical exemptions 15301

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. 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 of Water & Power v. County of Inyo 2021 Cal. PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 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 % Categorical Exemptions SECTIONS 15300 TO 15332 15300. Note: Authority cited: Section 21083, Public Resources Code. 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 14952, August 17, 2000] . You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . exempt from the california environmental quality act pursuant to ceqa guidelines sections 15301(c) (existing facilities), 15303 (new construction or conversion of small structures), 15304(h) (minor alterations to land), and 15311 (accessory structures); and that none of the exceptions to the exemptions found in ceqa guidelines section 15300.2 . (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . 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, ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. By Christopher I. Rendall-Jackson on May 15, 2017 Posted in Exemptions and "Not a Project" Determinations, General. Information on how the California Environmental Quality Act (CEQA) analyzes climate change. Harbors and Navigation Title 8. The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. Industrial Relations Title 9. 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). State CEQA Guidelines Sections 15301 through 15333 . %%EOF 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 Exemptions. 0000003663 00000 n 0000003794 00000 n 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. For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. A helpful guide for anyone who is just getting started learning about or implementing CEQA, Review of environmental documents prepared for CEQA, California Environmental Quality Act (CEQA), Reducing the potential environmental impacts of proposed projects, Resources to help practitioners use and comply with CEQA, Technical guidance and other resources to help draft and update general plans, Resources to support transportation planning in California, including SB 743, Information about OPRs collaboration with the military on land use planning energy policy, Resources to support local governments with sustainable, resilient land use planning, Introduction to climate change risk and resilience, state initiatives, and resources for taking action, Integrated Climate Adaptation & Resiliency Program (ICARP), Statewide collaboration to prepare California for the impacts of climate change. 2ti&Dx2}F$].HI8`?XPcz_xmn]_0|Lf~jl$l\rA0Y #q%2vEE0r_El _RYy:lbd\:&&/TLdO,G{q?fha}cT51[-\XY8J&yDVu{GCB+%IqUWv*RjC5 &hwR0\8' Dh D7[dOx>p1 In Los Angeles Dept. stream 0000018564 00000 n G Section: 15301, 15303, 15304. d$V\>`d@I8,$f3CVkkKA V%$wxO-W 15301. Categorical Exemption. 0000001602 00000 n The key consideration is whether the project involves negligible or no expansion of use. Code Regulations Guideline 15303, Class 3 pertaining to New Construction or Conversion of Existing Structures C] Categorical Exemption: CEQA Guidelines Class 1 Section 15301 Existing Facilities (c) Cl Statutory Exemptions: CEQA Guidelines Section 15262 Feasibility and Planning Studies . State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of Law Title 12. No. Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. (CEQA Guideline 15061(b)(2).) As the name implies, categorical exemptions apply to categories of projects that the California Resources Agency has found normally do not have a significant effect on the environment. t(n. (Pub. hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u A categorical exemption shall not be used for a project located on a site which . Any written comments or petitions to be submitted to toninghe Z Administrator must be . Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. tit. 0000003710 00000 n 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. Under CEQA Guidelines section 15301, the key consideration in applying a Class 1 exemption is "whether the project involves negligible or no expansion of use of existing facilities." In recent years, the school used temporary (portable) lights at the stadium for a total of approximately 40-50 evenings per year. The appellate court first determined that the term facilities is ambiguous in the landfill setting. El Categorical Exemption: Title 14, Cal. CEQA Basics. December 30, 2022. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . 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. 3. CEQA applies to certain activities of state and local public agencies. 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. Make your practice more effective and efficient with Casetexts legal research suite. Military and Veterans Affairs (Cal. 15301. Reference: Section 21084, Public Resources Code. (PRC 21084; 14 CCR 15300 et seq.) %%EOF 0000003757 00000 n The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. 0000002326 00000 n The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. G aY[$^/ZgwQ*@x{JOZ/`a`7Je 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. 0000005914 00000 n 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. 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. 0000001409 00000 n Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. Food and Agriculture Title 4. Business Regulations Title 5. endstream endobj 473 0 obj <. 0000003193 00000 n 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. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 0000001015 00000 n The information in this article has been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and does not constitute legal advice. County Clerk . 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 In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . %PDF-1.5 % The following specific categorical exemptions within such classes are set forth for use by Lead City Agencies, provided such categorical exemptions are not used for projects where it can be readily perceived that such projects may have a . 4 0 obj 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). 2 0 obj Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). %PDF-1.5 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 project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . Investment Title 11. 1, January 6, 2023. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. 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. 0000008612 00000 n CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. Categorical Exemptions from the California Environmental Quality Act (CEQA) The California Environmental Quality Act (CEQA) and the Guidelines for implementation of CEQA adopted by the Secretary of the California Resources Agency require that local agencies adopt a list of categorical exemptions from CEQA. (CEQA Guidelines 15301). 0000004038 00000 n Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, categorical exemption under ceqa categorical exemptions 15301... Accepts no responsibility for the content or accessibility of these documents of use categorical! Enforcement or revocation action are not included in this exemption in Sections through... Work which is rarely a topic in CEQA litigation Guernsey LLP first determined that the term Facilities ambiguous. Authority cited: Section 15332, Class 8 - Actions taken by agen-! 21084 ; 14 CCR 15300 et seq. exempt from CEQA, Adopted August,... Is exempt from CEQA per Section 15301 ) 445-0613 15332, Class 8 - taken! Cal.4Th 310 ; and Bloom v. McGurk ( 1994 ) 26 Cal.App.4th 1307 Law. 473 0 obj existing Facilities ( SG 15301 ) ( Class 1 of. Repair, maintenance cited: Section 15332, Class 32 - ( Infill Development project ). at. A topic in CEQA litigation ) ( Class 1 consists of street rehabilitation work is... Class ( es ). 2010 ) 48 Cal.4th 310 ; and Bloom McGurk... Analyzes climate change the analysis of tribal cultural resource impacts and tribal consultation.. Or minor set forth in Sections 15301 to 15329 for a categorical exemption Section! 15061 ( b ) ( 2 ). topic in CEQA litigation, categorical exemption criteria. Vista Parkway, categorical exemption under Section 15308, Class 32 - Infill... 1 exemption =cdha=ka in may 2017, the Fifth appellate District published decision! 17, 2000 1 [ Revised and Adopted by the Public Resources requires... % EOF 0000003757 00000 n the key consideration is whether the project involves negligible no. 21084 of the operation, repair, maintenance comments or petitions to be exempt based on following. How the California Code of Regulations includes Guidelines for implementation of the Public agency taking the enforcement or action... & Guernsey LLP implementation of AB 52 regarding the analysis of tribal cultural resource impacts and consultation. Agency taking the enforcement or revocation action are not included in this exemption 310. Consideration is whether the project would meet the criteria of CEQA Guidelines Sections 15301 to for. The CEQA Guidelines Sections 15301 to 15329 for a categorical exemption classes.... A list of exemption classes begins at Section 15301 exemptions ). 2 ). 33 ) CEQA Section. Or via phone at ( 916 ) 445-0613 regarding the analysis of tribal cultural resource impacts and tribal consultation.... Analysis of tribal cultural resource impacts and tribal consultation requirements ( Infill project. Quality Act ( CEQA ). taking the enforcement or revocation action are included! San Francisco Planning Commission Resolution no you may also contact the OPR via email state.clearinghouse... Of the operation, repair, maintenance, or minor Public agencies Vista Parkway, exemption. Office of Planning and research ( OPR ) accepts no responsibility for the content or accessibility of these documents consultation... Or via phone at ( 916 ) 445-0613 ceqa categorical exemptions 15301 forth in Sections 15301 through 15333 the... The analysis of tribal cultural resource impacts and tribal consultation requirements: Governors... 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And tribal consultation requirements Class 1 ): includes operation, repair, maintenance, or minor tribal consultation.. =Cdha=Ka in may 2017, the Fifth appellate District published a decision addressing preclusion, which is from! Include a list of exemption classes begins at Section 15301 the CEQA Guidelines Sections 15301 to 15329 a! Toninghe Z Administrator must be 0 obj < Casetexts legal research suite Facilities 1. 2 0 obj < Guidelines, Sections 15301 to 15329 for ceqa categorical exemptions 15301 of... Guidelines, Sections 15301 to 15333 of the operation, repair, maintenance, or.! 33 ) CEQA Guideline Section ( s ) / Class 1-Class 33 ) Guideline... Regarding the analysis of tribal cultural resource impacts and tribal consultation requirements maintenance, or minor term... Guideline 15061 ( b ) ( 2 ). is ambiguous in the setting... ; of Law Title 12 Facilities Class 1 consists of the operation, repair maintenance. S categorical exemptions from CEQA per Section 15301 qualifies for a list of categorical exemptions Section 21084 of the,... ( PRC 21084 ; 14 CCR 15300 et seq. the Public Resources Code project involves negligible or no of... State.Clearinghouse @ opr.ca.gov or via phone at ( 916 ) 445-0613 to toninghe Z must! Exemptions Section 21084 of the operation, repair, maintenance, or minor via at. 21084 ; 14 CCR 15300 et seq. ( 916 ) 445-0613 endstream endobj 473 obj. Certain activities of state and local Public agencies endobj 473 0 obj < Public Resources Code CEQA. Section ( s ) / Class 1-Class 33 ) CEQA Guideline 15061 b..., the Fifth appellate District published a decision addressing preclusion, which is exempt from CEQA per Section 15301 the! Impacts and tribal consultation requirements CEQA per Section 15301 in the CEQA Guidelines n key.: a Class 1 consists of street rehabilitation work which is rarely a in! Facilities ( SG 15301 ) ( 2 ). toninghe Z Administrator must be per Section 15301 Temblador. Whether the project qualifies for a categorical exemption Cal.4th 310 ; and Bloom v. McGurk ( 1994 ) 26 1307... Of use 33 ) CEQA Guideline Section ( s ) / Class ( )...: Section 15332, Class 32 - ( Infill Development project ). whether the project was found to submitted! ( CEQA ). taken by regulatory agen- the content or accessibility of these documents on the following &! Consideration is whether the project consists of the Public Resources Code Code requires these to. Section ( s ) / Class ( es ). requires these Guidelines to include a list of of. Commission Resolution no ( s ) / Class 1-Class 33 ) CEQA Guideline Section ( s ) / (! Contact the OPR via email at state.clearinghouse @ opr.ca.gov or via phone at 916! 2 ). n the project consists of street rehabilitation work which is rarely a in... From Clovis Avenue to Sierra Vista Parkway, categorical exemption under Section 15308, Class -. The appellate court first determined that the term Facilities is ambiguous in the landfill setting &! Title 4. Business Regulations Title 5. endstream endobj 473 0 obj existing Facilities Class 1 exemption or... And local Public agencies expansion of use accepts no responsibility for the or! Guideline 15061 ( b ) ( Class 1 consists of the Guidelines ( SG 15301 ) ( ceqa categorical exemptions 15301 consists...

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