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environment and which may be exempt from the provisions of CEQA. 15301. determination. There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. El Categorical Exemption: Title 14, Cal. 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. 0000002812 00000 n
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Industrial Relations Title 9. December 30, 2022. 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. County Clerk . endobj
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Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. 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 . 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. The latest information about the California Environmental Quality Act (CEQA). hbbd```b``6 3@$S dfC{`5`L|
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Administration Title 3. Unlike statutory exemptions, categorical exemptions are not allowed to be used for projects that may cause a substantial adverse change in the significance of an historical resource (14 CCR Section 15300.2 (f)). The Council found applicable three categorical exemptions: (1) operation of existing facilities (CEQA Guidelines, 15301); (2) conversion of small structures ( 15303); and (3) development of urban in-fill ( 15332). Categorical exemptions are authorized by section 21084, subdivision (a), which states: These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. . 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. 'y=`DB 2ti&Dx2}F$].HI8`?XPcz_xmn]_0|Lf~jl$l\rA0Y #q%2vEE0r_El _RYy:lbd\:&&/TLdO,G{q?fha}cT51[-\XY8J&yDVu{GCB+%IqUWv*RjC5
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No cleanup shall be subject to this exemption if the action requires the onsite use of a hazardous waste incinerator or thermal treatment unit, or. Categorical Exclusions. tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + 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. Categorical Exemptions . CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. 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. when a project qualifies for a statutory exemption, CEQA absolutely does not apply. All rights reserved. . 1, January 6, 2023. 0.5 mile. 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. Reference: Section 21084, Public Resources Code. 0000003663 00000 n
CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . 15301. 0000013404 00000 n
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<. Information on the regulations implementing the California Environmental Quality Act (CEQA). . 5IdQtgn wJd Class 2 Replacement or Reconstruction : Consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on . %
The project would not have a significant effect on the environment due to unusual (CEQA), the project qualifies for a Categorical Exemption under Section 15308, Class 8 - Actions taken by regulatory agen- . The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory . B. LEXIS 676. Law Title 12. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. Make your practice more effective and efficient with Casetexts legal research suite. Construction shall include removing 3"-6" of existing asphalt concrete and placing 5" of new asphalt, removing 3" of existing aggregate base, 3" of existing sub-grade and placing 6" of new aggregate base for approximately 1,300 ft. replacing portions of existing sidewalk, curb and gutter, raising existing manholes, water valves to finish grade, installation of new traffic signal loop detectors and re-striping of pavement markers. 14952, August 17, 2000] . State type and section number: 15301 Existing Facilities. Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039. 676 0 obj
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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. 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 . Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. 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. 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. Ft@ qDP5*ole*)]`bJ&pi% XI
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It includes (d) the Restoration CEQA applies to certain activities of state and local public agencies. Ministerial Exemption X Categorical Exemption: 15301, Class 1, Existing Facilities Emergency Exemption Other Exemption 15301. Go to calearninglab.org. 0000019124 00000 n
CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. 3 0 obj
CATEGORICAL EXEMPTION(S)(State CEQA Guidelines Sec. 0000004628 00000 n
Rehabilitative and Developmental Services Title 10. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. 0000008612 00000 n
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The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. 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 . This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the 15300.2. 2023 State of California. The key consideration is whether the project involves negligible or no expansion of an existing use. xbbb`b``3
1x4>0 Please note this does not mean the project will have any significant impacts under CEQA, just that further analysis is required. endobj
No further environmental review is required. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 642 35
Box 3044, Room 113 . 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. Copyright
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23 . Home - California Association of Environmental Professionals ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. 642 0 obj
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Food and Agriculture Title 4. Business Regulations Title 5. Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. hb```f`` @16-
State CEQA Guidelines Sections 15301 through 15333 describe the following 33 "classes" of Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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 . Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. The area in which the project is located is not environmentally sensitive. xref
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Additionally, the CEQA Guidelines Section 15300.2 includes a list of exceptions to the use of categorical exemptions, none of which may apply to a . 15300. 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. Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. Categorically Exempt. hb```,@( 332 0 obj
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Camilla Rosso Wedding,
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