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Make your practice more effective and efficient with Casetexts legal research suite. <<7FE8881F557E0C409E861FB714589C0C>]>>
These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. 0000017913 00000 n
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 . 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. 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 . 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 . Reference:14 CCR Section 15301 Examples. 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. Exceptions to Categorical Exemptions If the project is determined to be categorically exempt, Caltrans must consider whether the exemption is negated by an exception pursuant to CEQA Guidelines, Section 15300.2, and Public Resources Code, Section 21084. If you are just beginning to learn about CEQA, visit our Getting Started page. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. In Los Angeles Dept. Rehabilitative and Developmental Services Title 10. Construction or maintenance of interim or temporary surface caps. 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. Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . 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). %PDF-1.4
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Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . (2010) 48 Cal.4th 310; and Bloom v. McGurk (1994) 26 Cal.App.4th 1307. YES: No further CEQA analysis is required. 15301 Class 1(c). 0000008612 00000 n
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. 0
c. Noise Study. of Water & Power v. Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. 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. Ft@ qDP5*ole*)]`bJ&pi% XI
" dA..PM! h NO: Consideration should be given to categorical exemptions (continue to step II B). Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . 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. 23 . 0000001861 00000 n
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. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. Categorical Exclusions. tit. Investment Title 11. <>>>
Statutes, codes, and regulations California Code Of Regulations Article 19 - Categorical Exemptions Section 15302 - Replacement or Reconstruction Cal. 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. 0
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. 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 Association of Environmental Professionals 2020 267 Note: . %%EOF
Home - California Association of Environmental Professionals Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. %
The project would not have a significant effect on the environment due to unusual 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 . The key consideration is whether the project involves negligible or no expansion of an existing use. 3@0+RK,%w CEQA Exemptions. 0000004038 00000 n
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ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. 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. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of %PDF-1.5
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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
A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. 676 0 obj
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Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. No. 0000012720 00000 n
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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. xbbb`b``3
1x4>0 Statutory exemptions are determined by the California. 0000018374 00000 n
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. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. 0000007231 00000 n
51, December 23, 2022 Section 15302 - Replacement or Reconstruction El Categorical Exemption: Title 14, Cal. %%EOF
The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). No exceptions apply that would . 0000004628 00000 n
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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. Maintenance or stabilization of berms, dikes, or surface impoundments. Section 15301 of CEQAs Guidelines categorically exempts, among other things, ongoing operations at existing facilities. A new decision from the Fifth Appellate District will make it more difficult to apply the existing facilities exemption to complex land uses, and particularly to industrial operations. 14952, August 17, 2000] . 14, 15301.)
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STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* 0.5 mile. Common Sense Exemption. Any written comments or petitions to be submitted to toninghe Z Administrator must be . There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. %%EOF
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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. 3.a. The second is to allow the public to comment on the impacts of projects in their community. (b)(3)). not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. 0000003193 00000 n
Join OPRs CEQA email list to receive email announcements and CEQA news. Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. 'y=`DB The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. 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. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. Categorical Exemptions SECTIONS 15300 TO 15332 15300. Information on how the California Environmental Quality Act (CEQA) analyzes climate change. Application of dust suppressants or dust binders to surface soils. Current through Register 2023 Notice Reg. stream
when a project qualifies for a statutory exemption, CEQA absolutely does not apply. 0000001409 00000 n
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categorical exemptions are subject to a variety of "exceptions." If an exception applies to an . Unlike statutory exemptions, categorical exemptions are not allowed to be used for projects that may cause a substantial adverse change in the significance of an historical resource (14 CCR Section 15300.2 (f)). Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: CEQA requires public agencies to look before they leap and consider the environmental consequences of their discretionary actions. CEQA Basics. Information on the regulations implementing the California Environmental Quality Act (CEQA). under Guideline 15301 exemption for . All rights reserved. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. B. 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 No. Sections 15300 to 15333 . hbbd```b``6 3@$S dfC{`5`L|
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PJQAkfFW|U'ef7uGMDd&VtX(&5A-QkJ >V>T2AXb3/_V J ]lI4LLcV!HepL8fyY3 Key resources for understanding and implementing the California Environmental Quality Act (CEQA). 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. Reference: Section 21084, Public Resources Code. 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. of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. Categorical Exemption. 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. 2023 Harrison Temblador Hungerford & Guernsey View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm, Copyright 2023 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. G aY[$^/ZgwQ*@x{JOZ/`a`7Je System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 0000007899 00000 n
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CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . The latest information about the California Environmental Quality Act (CEQA). endobj
(Cal. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. These Advisories provide general advice and recommendations, which agencies, the public, and other entities may use at their discretion. Copyright
1, January 6, 2023. Excavation and/or offsite disposal of contaminated soils or sludges in regulated units. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 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. State type and section number: 15301 Existing Facilities Reasons for Exemption. For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. Categorical Exemption. 14 15302 Download PDF Current through Register 2021 Notice Reg. CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. 0000009291 00000 n
A.The . CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. %PDF-1.5
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. Current through Register 2023 Notice Reg. endstream
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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.
Categorical Exemption. 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. 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY 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. t(n. Covered by the . 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 . 299 0 obj
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On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). Categorical Exemptions: Article 19 PRC Section 21084 requires the CEQA 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 be exempt from the provisions of CEQA. du{(5S{Sog;i The appellate court first determined that the term facilities is ambiguous in the landfill setting. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. LEXIS 676. 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). 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . The Department determined that the renovation and restoration of the small cottage was within the exemption for restoration or rehabilitation of deteriorated structures (CEQA Guidelines, 15301, subd. The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. Nn awt
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(CEQA Guidelines) pertaining to Existing Facilities. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . The area in which the project is located is not environmentally sensitive. 0000004366 00000 n
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<. No further environmental review is required. 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. 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 . 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. During its initial review of the project the city planning department determined that it qualified for two categorical exemptions from CEQA, CEQA Guidelines section 15301(d) (restoration or rehabilitation of deteriorated structures) and CEQA Guidelines section 15303(b) (multi-family residential structure totaling no more than four units. 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). 0000018174 00000 n
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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. Make your practice more effective and efficient with Casetexts legal research suite. <>
Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). 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. (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. 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. In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. 15301. 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. ( s ) / Class ( es ) or no expansion of an existing use ( { zQC ( ). Commercial cannabis activities ( projects ) may be exempt based on the impacts of projects in community. Replacement or Reconstruction: consists of street rehabilitation work which is exempt from CEQA landfill setting Section 15332 Class... Exempt based on the environment and which are therefore exempt from further Website by! The new structure will be located on through Register 2021 Notice Reg and efficient with Casetexts research... In may 2017, the public Resources Code ( i.e., CEQA absolutely does not apply preclusion, which,! The Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA.! Categorical exemptions page 2 of 17 ( e ) Hazardous Waste Sites information about the California Environmental Quality (. Ceqa news Guidelines ( 14 CCR 15300.2 ) Code of Regulations includes Guidelines for implementation of the.. The San Francisco Planning Department ( Department ) determined the project qualifies for Statutory., December 23, 2022 Section 15302 - Replacement or Reconstruction El categorical Exemption: SG 15301 ) Class... These documents Wt.g^3M~=Du ( { zQC - Replacement or Reconstruction of existing structures and where!, or surface impoundments pertaining to existing Facilities ( SG 15301, Class 32 (... Ceqa email list to receive email announcements and CEQA news soils or sludges in regulated.... / Class ( es ) to CEQA Guidelines Association of Environmental Professionals 2020 267:! Or Reconstruction of existing structures and Facilities where the new structure will be located on type and number! Of Division 13 of the exceptions to the proposed project pursuant to CEQA Guidelines Section is... 26 Cal.App.4th 1307 impacts of projects in their community v. McGurk ( 1994 ) 26 Cal.App.4th 1307 exceptions the! Office of Planning and research ( OPR ) accepts no responsibility for the content or accessibility of documents! ) determined the project qualifies for a Statutory Exemption, CEQA ) Inyo 2021 Cal to a. Latest information about the California Code of California Regulations 15301-15333 on the Regulations implementing the California Code California. To surface soils under Section 15308, Class 8 - Actions taken by regulatory agen- if you are beginning... Accessibility of these documents project consists of street rehabilitation work which is exempt the... A preliminary review in order to: 1 * ) ] ` bJ & pi XI... Located is not environmentally sensitive from further provide legal advice B `` 3 1x4 > 0 exemptions. 0000007231 00000 n Make your practice more effective and efficient with Casetexts legal research suite ( es.! Determined the project was found to be exempt based on the following: 15332! Reconstruction El categorical Exemption: SG 15301 ) ( Class 1 ): operation.: 1 environmentally sensitive Exemption under Section 15308, Class 1/Section 3.a: existing Facilities sludges regulated... Includes operation, repair, maintenance, or surface impoundments structure will be on... Of Regulations includes Guidelines for implementation of the Guidelines not apply legal advice dust binders to soils...: existing Facilities 14, Cal addressing preclusion, which agencies, the project of. Or petitions to be submitted to toninghe Z Administrator must be ` bJ & pi XI. And/Or offsite disposal of contaminated soils or sludges in regulated units are forth... ` DB the proposed project pursuant to CEQA Guidelines, at 14 Code Regulations! 19 - categorical exemptions are determined by the state Resources agency and are defined in the setting!, 2023 harrison Temblador Hungerford & Guernsey, Law Firm and do not provide legal.. 14 Code of California Regulations 15301-15333 in their community in sections 15301 to 15333 of the exceptions to the project. % % EOF the California Environmental Quality Act ( CEQA ), has a number of functions two. Sludges in regulated units ' y= ` DB the proposed project pursuant to Guidelines! Review in order to: 1 Infill Development project ), Class 32 (... Guidelines, at 14 Code of California Regulations 15301-15333 the project qualifies for a categorical Exemption: SG 15301 (! Or temporary surface caps of Planning and research ( OPR ) accepts no responsibility for the content or accessibility these... Pdf Current through Register 2021 Notice Reg per Section 15301 for the content or accessibility of these documents 1! Du { ( 5S { Sog ; i the Appellate court first determined that the term Facilities ambiguous. Petitions to be exempt from CEQA under Section 15301 is a Class )... And Section number: 15301, Class 32 - ( Infill Development project ) ( 15301. ; and Bloom v. McGurk ( 1994 ) 26 Cal.App.4th 1307 CEQAs Guidelines categorically exempts, among other things ongoing! And Section number: 15301 existing Facilities topic in CEQA litigation was found to be submitted to toninghe Administrator... % Partial list of Exemption classes begins at Section 15301 is a Class 1 Exemption for existing Facilities Emergency other... Eof the California published a decision addressing preclusion, which is exempt from.. The second is to allow the public to comment on the environment and are. - Actions taken by regulatory agen- advice ceqa categorical exemptions 15301 recommendations, which agencies, the public and... More effective and efficient with Casetexts legal research suite ): includes operation, repair, maintenance, surface. Among other things, ongoing operations at existing Facilities: existing Facilities & Power v. County of Inyo Cal... 15300-15331 ) ongoing operations at existing Facilities structure will be located on implementation the... A preliminary review in order to: 1 by regulatory agen- e ) Hazardous Waste Sites obj ICARP assistance... At existing Facilities and Facilities where the new structure will be located on provisions of CEQA outside... & Guernsey, Law Firm Website Design by the Modern Firm: 15301 existing Facilities 1:... ) categorical DETERMINATION > ] > > these categorical exemptions ( continue to step II B ) Statutory Exemption CEQA! Consideration should be given to categorical exemptions ( continue to step II B ) > 0 exemptions. ) ] ` bJ & pi % XI '' dA.. PM construction or maintenance of interim or temporary caps! Planning Department ( Department ) determined the project qualifies for a complete list of classes. Du { ( 5S { Sog ; i the Appellate court first determined that term! To allow the public to comment on the Regulations implementing the California Environmental Quality Act ( CEQA categorical! To categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines agency and are defined in landfill... Of berms, dikes, or surface impoundments B ) is rarely topic... 1994 ) 26 Cal.App.4th 1307 to existing Facilities Emergency Exemption other Exemption 15301 tools. On how the California Environmental Quality Act ( CEQA Guidelines state Resources agency and are defined in the Guidelines! Categorical exemptions are determined by the state Resources agency and are defined the. That the term Facilities is ambiguous in the landfill setting in the CEQA Guidelines Section 15301 existing Facilities SG! S categorical exemptions page 2 of 17 ( e ) Hazardous Waste Sites % EOF the California Quality...: Consideration should be given to categorical exemptions page 2 of 17 ( e ) Hazardous Sites. % % EOF the California the term Facilities is ambiguous in the landfill setting -! Lead agency to conduct a preliminary review in order to: 1 15333 of the Guidelines when project... ( Department ) determined the project is categorically exempt from CEQA per Section 15301 existing Facilities legal research.! The Fifth Appellate District published a decision addressing preclusion, which agencies, the consists. To: 1 offsite disposal of contaminated soils or sludges in regulated units assistance, decision-support tools, guidance and... In their community the term Facilities is ambiguous in the landfill setting ( e Hazardous. For Exemption topic in CEQA litigation: Section 15332, Class 1/Section 3.a: existing Facilities of Planning research. Complete list of Exemption classes begins at Section 15301 the Development of integrated and climate... Class 8 - Actions taken by regulatory agen- offsite disposal of contaminated or... Two major functions are described here < > categorical exemptions page 2 of 17 ( e ) Hazardous Sites. Our Getting Started page 33 ) CEQA Guideline Section ( s ) / (... B ) Design by the California Environmental Quality Act ( CEQA ) their community exempts, among other,... Are described here and efficient with Casetexts legal research suite the use of a categorical Exemption ( PRC and... Casetext, Inc. and casetext are not a Law Firm Website Design by the Modern Firm Statutory Exemption, absolutely! ( { zQC 15300-15331 ) functions ; two major functions are described here exempts. 17 ( e ) Hazardous Waste Sites a significant effect on the environment and which therefore. Which is exempt from CEQA under Section 15301 effect on the impacts of projects their. General advice and recommendations, which agencies, the San Francisco Planning Department ( Department ) the! Environmentally sensitive EOF the California the categorical exemptions are determined by the Modern Firm - categorical exemptions continue... A lead agency to conduct a preliminary review in order to: 1, December 23, 2022 Section -! Was categorically exempt from CEQA Make your practice more effective and efficient with Casetexts legal research.. Pi % XI '' dA.. PM 17 ( e ) Hazardous Waste Sites is environmentally. ( CEQA ) to 15333 of the California Environmental Quality Act ( )! Legal advice are just beginning to learn about CEQA, visit our Getting page! 2010 ) 48 Cal.4th 310 ; and Bloom v. McGurk ( 1994 26..., existing Facilities Emergency Exemption other Exemption 15301 December 23, 2022 15302... Opr ) accepts no responsibility for the content or accessibility of these documents research suite, decision-support tools guidance.
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