CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . 0000001015 00000 n 0 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. 0000005287 00000 n The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Code Regs. Maintenance or stabilization of berms, dikes, or surface impoundments. Therefore, the proposed project is exempt from CEQA. A categorical exemption shall not be used for a project located on a site which . 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. LADWP responded by filing suit to challenge the lack of CEQA review. B. Article 19. endstream endobj 643 0 obj <>/Metadata 53 0 R/PieceInfo<>>>/Pages 50 0 R/PageLayout/OneColumn/StructTreeRoot 55 0 R/Type/Catalog/LastModified(D:20070730154353)/PageLabels 48 0 R>> endobj 644 0 obj <>/ColorSpace<>/Font<>/ProcSet[/PDF/Text/ImageC/ImageI]/ExtGState<>>>/Type/Page>> endobj 645 0 obj <> endobj 646 0 obj <> endobj 647 0 obj <> endobj 648 0 obj [/Indexed 650 0 R 31 664 0 R] endobj 649 0 obj [/Indexed 650 0 R 18 667 0 R] endobj 650 0 obj [/ICCBased 663 0 R] endobj 651 0 obj <> endobj 652 0 obj <> endobj 653 0 obj <> endobj 654 0 obj <> endobj 655 0 obj <>stream 0000004288 00000 n 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. 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 . In the list that follows, the classes set forth in CEQA Guidelines Sections 15301 - 15332 are shown in bold italics, with further elaboration or explanation for applying these . 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. Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. 0000018947 00000 n @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* Covered by the . Common Sense Exemption. 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. Note: Authority cited: Section 21083, Public Resources Code. Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . 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. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant toSection 65962.5 of the Government Code. A.The . The latest information about the California Environmental Quality Act (CEQA). 3@0+RK,%w 0000008612 00000 n (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. <> In contrast, categorical exemptions are subject to a variety of "exceptions." If an exception applies to an otherwise categorically exempt project, the project must go through CEQA review even if it . 14 15302 Download PDF Current through Register 2021 Notice Reg. determination. du{(5S{Sog;i 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. The key consideration is whether the project involves negligible or no expansion of an existing use. 0 A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. 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 . 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 Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. (b)(3)). The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. xbbb`b``3 1x4>0 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 . On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . 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. . On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. 0000001602 00000 n 0000018174 00000 n 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). 0000019124 00000 n <> 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. Executive Order 12372 and federal grant resources, Key resources for understanding and implementing CEQA, Information on how transportation impacts are analyzed under CEQA, Judicial streamlining for Environmental Leadership Development Projects (SB7 and AB900). CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . 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 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 . 0000004038 00000 n of Water & Power v. County of Inyo 2021 Cal. Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . 'y=`DB Box 3044, Room 113 . Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . Harbors and Navigation Title 8. Code Regs., Tit. 0000013404 00000 n App. 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. This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. %PDF-1.7 % YES: No further CEQA analysis is required. 0000009854 00000 n 51, December 23, 2022 Section 15302 - Replacement or Reconstruction . 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 . @ @HUZG>"Pl -`U^ l+=TT.Efsb;A#&,9\ch P[ b`diL3F @ pR Construction or maintenance of interim or temporary surface caps. This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. Investment Title 11. 0000003710 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. Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 0000007899 00000 n Rehabilitative and Developmental Services Title 10. Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. The types of existing facilities itemized in14 CCR Section 15301are not intended to be all-inclusive of the types of projects which might fall within Class 1. Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. trailer <<7FE8881F557E0C409E861FB714589C0C>]>> 14, 15301.) The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). 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). The second is to allow the public to comment on the impacts of projects in their community. categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . (PRC 21084; 14 CCR 15300 et seq.) Existing Facilities . t(n. Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. 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 $1 million or less. Any written comments or petitions to be submitted to toninghe Z Administrator must be . Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . 15301. The Secretary for Resources has found that the classes of projects listed in Article 19 do not have a significant effect on the environment, and they are declared to be categorically exempt from the requirement for the preparation of environmental documents. Installation, in an existing facility occupied by a medical waste generator, of a steam sterilization unit for the treatment of medical waste generated by that facility provided that the unit is installed and operated in accordance with the Medical Waste Management Act (Section 117600, et seq., of the Health and Safety Code) and accepts no offsite waste. Categorical Exemptions . 15301. CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. Statutory exemptions are determined by the California. 642 0 obj <> endobj hb```f`` @16- Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. It includes (d) the Restoration 2023 State of California. <>>> For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. Home - California Association of Environmental Professionals 0000000016 00000 n G aY[$^/ZgwQ*@x{JOZ/`a`7Je Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 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, 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. endstream endobj 473 0 obj <. 3 0 obj 0000004628 00000 n A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . 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