LADWP responded by filing suit to challenge the lack of CEQA review. 472 0 obj <> endobj 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. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or Any written comments or petitions to be submitted to toninghe Z Administrator must be . Classes 3, 4, 5, 6, and 11 of14 CCR Section 15300are qualified by consideration of where the project is to be located. The area in which the project is located is not environmentally sensitive. 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. CIP 19-18 Gettysburg - Clovis to Sierra Vista. %PDF-1.4 % Existing Facilities (SG 15301) (Class 1): Includes operation, repair, maintenance, or minor . State CEQA Guidelines Sections 15301 through 15333 . Categorical Exemption: SG 15301, Class 1/Section 3.a: Existing Facilities. While landfill operations include structures, gates, tipping floors, scales, gas recovery systems and administrative buildings that can be described as facilities, they also feature excavations, trenches and fills better that are described as alterations to land and subject to a different categorical exemption. 0000009854 00000 n County relies on the categorical exemption for existing facilities (Guidelines, 15301) and the commonsense exemption (Guidelines, 15061, subd. The appellate court first determined that the term facilities is ambiguous in the landfill setting. Categorical Exemptions . 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. Investment Title 11. 0000012720 00000 n LEXIS 676. First, the Court held that the County provided inadequate notice of its intent to rely on a categorical exemption to satisfy CEQA in approving condemnation. of Water & Power v. 14, 15301.) County Clerk . 0000018752 00000 n The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . Therefore, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. . Information on the implementation of SB 743, which changed how transportation impacts are analyzed under CEQA. ['K=KRi'{AG B!b# Existing Facilities . Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 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. Article 19 of the Guidelines addresses Categorical Exemptions for certain types of projects. startxref Categorical Exemption Section 15301 (Existing Facilities), Section 15061 (Common Sense . One is to provide decision makers with information about the environmental impacts of projects prior to granting approval. Categorical Exemptions: SG 15301, Class 1/Section 3.a: Existing Facilities; SG 15303, Class 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 Categorical Exclusions. YES: No further CEQA analysis is required. . CEQA exemption Section 15301, Class 1, applies to this proposed project as the project . du{(5S{Sog;i 0000017804 00000 n 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. 0000001015 00000 n 0000005914 00000 n Categorical Exemption. 15300. 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. Guidelines, Sections 15301 to 15329 for a list of categorical exemptions). endstream endobj 266 0 obj <>>> endobj 267 0 obj <. 51, December 23, 2022 Section 15302 - Replacement or Reconstruction A.The . 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. @g T STL% hCp&@(Z|wt.gbT 9EO P )dkpXtn$EGN',* Key resources for understanding and implementing the California Environmental Quality Act (CEQA). CEQA is intended to inform government decisionmakers and the public about the potential environmental effects of proposed activities and to prevent significant, avoidable environmental damage. 0 In September 2014, the San Francisco Planning Department (Department) determined the project was categorically exempt from CEQA. On demurrer, the Kern County Superior Court found that a CEQA petition was barred by res judicata in . The latest information about the California Environmental Quality Act (CEQA). Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). hbbd```b``eA$="$D2jE?H6109:2`[H(0lc0L$KfKAdA]9`5Y Y y,"%*jL@$m OqX$} u 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. 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. G Section: 15301, 15303, 15304. endstream endobj 473 0 obj <. Environmental Consideration: In accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from . 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. Harbors and Navigation Title 8. No further environmental review is required. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance . CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. Sections 15300 to 15333 . Partial List of Categorical Exemptions under CEQA Certain commercial cannabis activities (projects) may be exempt from further . This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the environment and which may be exempt from the provisions of CEQA. Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. System of 13 microcell transmitters properly determined to be exempt under the "small structures" categorical exemption. 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). a 35day statute of limitations for this CEQA exemption - shall apply from the date a Notice of Exemption is posted with the San Diego County Clerk, or a 180- 2011-2021 Harrison, Temblador, Hungerford & Guernsey LLP. 0000004038 00000 n 1 0 obj b1Xb@vg d~jQv3>cgx3 UVy/Ng-xY 6 d ,X20& J!R 14 15302 Download PDF Current through Register 2021 Notice Reg. Common Sense Exemption. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. B. 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 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. The project was found to be exempt based on the following: Section 15332, Class 32 - (Infill Development Project) . 0000018174 00000 n 1, January 6, 2023. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 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 For more information, please visit OPRs Accessibility Site. 676 0 obj <>stream The key consideration is whether the project involves negligible or no expansion of use. Categorically Exempt. Military and Veterans Affairs CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. 0000001861 00000 n 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 . 5IdQtgn wJd State code number: _____ Reasons why project is exempt: Lead Agency Contact Person: . 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. Law Title 12. the exempt class of activities "consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,. 0000003710 00000 n stream Therefore, the proposed project is exempt from CEQA. 0 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. Education Title 7. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Construction or maintenance of interim or temporary surface caps. 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 . Box 3044, Room 113 . 0000018947 00000 n %PDF-1.5 % Does evidence support a finding that the project fall into any categorical CEQA exemption? 15301. 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. 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 . The project would not have a significant effect on the environment due to unusual 0000001602 00000 n Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. All rights reserved. Grant programs to support local, regional, and tribal climate adaptation and resilience. %%EOF There are a number of statutory exemptions that prevent CEQA from applying to projects, even projects that will clearly have significant adverse environmental impacts. This does not apply to improvements which are required as mitigation by an adopted ND or certified EIR. There are three primary types of CEQA exemptions: statutory exemptions, categorical exemptions, and "common sense" exemptions. 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)). Join OPRs CEQA email list to receive email announcements and CEQA news. 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 are subject to a variety of "exceptions." If an exception applies to an . 'y=`DB App. Information on the regulations implementing the California Environmental Quality Act (CEQA). These categorical exemptions are listed in the CEQA Guidelines, at 14 Code of California Regulations 15301-15333. 0000008612 00000 n CEQA Exemptions. 0000018374 00000 n 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. . 2020-008063ENV) contained in the Commission's files for this contract modification. 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. (Pub. There are 33 classes of categorical exemptions. '8'8J&Tki_EqIg,8\hIiBSJC^kb|O&_R[pGmL>Wt.g^3M~=Du({ zQC? 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. x2@(cXrl:[4wf:N4d^aY10(i}L^@v;=P9c/GPt44C>wNs|UC#|If +@ir=95: 0000012548 00000 n In Los Angeles Dept. F;Ob : fd(fHt|}K+sS,KG#w$38`nlaX8%gc% {rAtn3l0 QH$SxBL2@:j Gettysburg Avenue from Clovis Avenue to Sierra Vista Parkway, Categorical Exemption. 0000009291 00000 n 3. This project consists of street improvements on Gettysburg Ave. from Clovis Ave. to Sierra Vista Parkway, approx. Article 19. (b)(3)). Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. endstream endobj startxref %%EOF No. tit. No. State type and section number: _____ Statutory Exemptions. not have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. The project would meet the criteria of CEQA Guidelines Section 15301-Existing Facilities: a Class 1 exemption. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 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. Rehabilitative and Developmental Services Title 10. No. 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 . No exceptions apply that would . Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Section 15300.4 - Application by Public Agencies, Section 15302 - Replacement or Reconstruction. 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 . Current through Register 2023 Notice Reg. CATEGORICAL EXEMPTIONS Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of . 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 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 . 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. 1, January 6, 2023. California Code of Regulations Title 1. Code Regs. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. . General Provisions Title 2. Copyright %PDF-1.5 Make your practice more effective and efficient with Casetexts legal research suite. Harrison Temblador Hungerford & Guernsey, 2023 Harrison Temblador Hungerford & Guernsey, Law Firm Website Design by The Modern Firm. CEQA Title 19 - Categorical Exemptions Page 3 of 17 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor . 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, CEQA Guidelines Association of Environmental Professionals 2020 267 Note: . endobj 0.5 mile. SN#(l_,FT3am5n)a} mP! (PRC 21084; 14 CCR 15300 et seq.) El Categorical Exemption: Title 14, Cal. 4 0 obj CEQA Guidelines Section 15301(a) - Existing Facilities CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures . (CEQA Guidelines) pertaining to Existing Facilities. The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. In May 2017, the Fifth Appellate District published a decision addressing preclusion, which is rarely a topic in CEQA litigation. For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov, PermitTrainingAssistance@calrecycle.ca.gov, 50% of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or, The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and. 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. of Water & Power v. County of Inyo 2021 Cal. <> These guidelines contain a list of classes of projects which have been determined not to have a significant effect on the hb```f`` @16- 0000002812 00000 n 0000000016 00000 n <> 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. 0000013404 00000 n The project consists of street rehabilitation work which is exempt from CEQA per Section 15301. 265 0 obj <> endobj Categorical Exemptions from CEQA, Adopted August 17, 2000 1 [Revised and Adopted by the San Francisco Planning Commission Resolution No. <<7FE8881F557E0C409E861FB714589C0C>]>> Food and Agriculture Title 4. Business Regulations Title 5. Maintenance or stabilization of berms, dikes, or surface impoundments. 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. Categorical Exemption. endstream endobj startxref The types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. 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). The second is to allow the public to comment on the impacts of projects in their community. c. Noise Study. Information on how the Legislature and the CEQA Guidelines have streamlined environmental review of housing projects. These exemptions are found in various places in the California Public . G aY[$^/ZgwQ*@x{JOZ/`a`7Je 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. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL DETERMINATION . Code Regs., Tit. 503 0 obj <>stream 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 . 0000003193 00000 n 299 0 obj <>/Filter/FlateDecode/ID[<3329CE9C699CAE4A8898579F56DDB95F><0EEB1A7968E44E4A82B94787CDFB90B7>]/Index[265 68]/Info 264 0 R/Length 149/Prev 921088/Root 266 0 R/Size 333/Type/XRef/W[1 3 1]>>stream The criteria can be used for all CEQA clearances, including Class 32 (Infill Development) exemptions pursuant to Section 15332 of the CEQA Guidelines. If you are just beginning to learn about CEQA, visit our Getting Started page. xbbb`b``3 1x4>0 Sean Hungerford is a Partner at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California. The proposed project is categorically exempt from CEQA under Section 15301 Existing Facilities. determination. 181 Categorical Exemption: CEQA Guidelines Class l Section 15301 Existing Facilities (c) and Class 3 Section 15303(a) . 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 $1 million or less. CEQA Basics. 1 For a complete list of CEQA exemptions outside of Division 13 of the Public Resources Code (i.e., CEQA), . NO: Consideration should be given to categorical exemptions (continue to step II B). Categorical Exemptions SECTIONS 15300 TO 15332 15300. Citing case precedent and based on its reading of the CEQA Guidelines, the Court concluded that "it is reasonable to characterize landfill operations as . 0000007231 00000 n Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Information to assist with the implementation of AB 52 regarding the analysis of tribal cultural resource impacts and tribal consultation requirements. under Guideline 15301 exemption for . Information on how the California Environmental Quality Act (CEQA) analyzes climate change. 15301 Class 1(c). Sections 15301(b) and 15302(d) of California CEQA Guidelines David Lee Management Assistant, , Planning, Maintenance and Construction Branch, presented Board Report No. Go to calearninglab.org. %%EOF Ft@ qDP5*ole*)]`bJ&pi% XI " dA..PM! h 3 0 obj 0000005287 00000 n Home - California Association of Environmental Professionals _BsrHNW`0g({%= R \c3jCn]4'm~l e\+|p#CG^s&. endobj tn!PA7Dx D*u'$*B[7+LOmt/groO(o@wHfwiS0NDfa(=ChMRC?jF=QQdqN.AR94zNcUX 0)OPy[nu2JOuM^|-{007dO8SNOnje5Qg"FZw8^ )@ U3"a--:y$62(.z< + 0000003757 00000 n 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 Exemption. (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. when a project qualifies for a statutory exemption, CEQA absolutely does not apply. 15301. 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. 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 . Administration Title 3. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). On appeal, the arguments centered on whether the ongoing operation of an unlined landfill comes within the existing facilities exemption and is thus exempt from CEQA review. t(n. 0000019124 00000 n (Cal. The California Code of Regulations includes guidelines for implementation of the California Environmental Quality Act (CEQA). Project - Commitment of Park Fees - Categorical Exemption from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Article III, Section 1, . 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. 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. Hloo0)%lc&UIi/@ it Yo;CK8l9nnqY 0000017913 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. 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 CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities. 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. I. OVERVIEW OF CEQA CASE LAW DEVELOPMENTS IN 2018. d$V\>`d@I8,$f3CVkkKA V%$wxO-W 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) . The California Environmental Quality Act (CEQA), has a number of functions; two major functions are described here. 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. Industrial Relations Title 9. Statutory exemptions are determined by the California.

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