(consult with the legal office to determine next steps) Check all that apply Initial Study . State code number: Reasons why project is exempt: . - when a project qualifies for a statutory exemption, CEQA absolutely does not apply. . Project Description 1 3. Agencies must file the NOE with the SCH/county clerk; the NOE is generally optional except when explicitly required by the statutory exemption. 1 CITY OF LOS ANGELES ENVIRONMENTAL QUALITY ACT GUIDELINES Adopted : July 31, 2002 - CF# : 02-1507 Section 1. California Environmental Quality Act CEQA Office leave the. As such, they must go through the CEQA review process prior to the determination of the required level of CEQA compliance and preparation of the Notice of Exemption or other environmental document. California Environmental Quality Act (CEQA) Exemption Determinations Appeal Administrative Code, Section 31.16 (Ordinance No. CEQA Guidelines Section 15306 - Information Collection The 15183 exemption process typically requires a more detailed environmental analysis than other CEQA statutory and categorical exemptions. The challenge was based on CEQA's "unusual circumstances exception," which makes categorical exemptions inapplicable where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances." CEQA Guidelines Section 15300.2(c). At the planning commission hearing several neighbors and community members opposed the project, alleging that the site was contaminated, had inadequate drainage, lacked sufficient open demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. The project does not trigger any of the CEQA impacts listed above. Traffic 14 B. Among the most important exemptions is the first, for "[m]inisterial" projects, Certain commercial cannabis activities (projects) may be exempt from further environmental review pursuant to the California Environmental Quality Act (CEQA) because they fall within a class of projects determined not to have significant effect on the environment. 14 . 1 A form that may be used for this general exemption is attached as Exhibit J. Reason for CEQA Appeal [1-57] The project doesn't meet the standards for a categorical exemption. State type and section number: Statutory Exemptions. of the CEQA Guidelines). San Francisco Beautiful v. City & County of San Francisco (1st.Dist., Div. These exemptions, categorical or statutory, are intended to save agencies, and by extension the public, time and resources. (a) Once a lead agency has determined that an activity is a project subject to CEQA, a lead agency shall determine whether the project is exempt from CEQA. tit. The City Cannot Rely on a Categorical Exemption when mitigation easures are required. 2019-4-6 and Sections 3.11 and 3.22 of the Rancho Water's Local CEQA Guidelines for If one or more boxes are checked above, an . ceqa categorical exemption form , ceqa infill exemption , ceqa statutory exemptions list . CEQA Notices. Without CEQA compliance, entities will not be able to obtain a permit to operate. The NOE shall be filed only after the project has been approved (CEQA Guidelines Section 15062). Overview of the CEQA/NEPA Process. (2) The project is exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2. [CEQA] does not apply to the adoption of an ordinance, rule, or regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity." In LADWP's subsequent CEQA suit challenging the County's decisions, the County argued its actions were categorically exempt under the existing facilities exemption in CEQA Guidelines §15301(a). The project doesn't qualify for a categorical exemption. California historical resources affected area have explored in ceqa notice of exemption does a draft eir may be difficult. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section ). make the determination that the proposed action is exempt from CEQA. Categorical Exemption {Sec.15303; Class: 3 } Statutory Exemption {Sec. } 14, §§ 15303 (a), 15332). "Without limiting any other statutory exemption or categorical exemption, . (CEQA Guideline §15354.) (a).) Exempt Status: CEQA Guidelines Section 15061(b)(3) - Common Sense Exemption . Project activities described above are organizational or administrative activities that will not result in direct or indirect physical changes in the environment. The City's approval with conditions is an unlawful attempt to mitigate a project in violation of CEQA. NOTICE OF INTENT TO CONSIDER ADOPTION OF A CATEGORICAL EXEMPTION TO CEQA AND NOTICE OF A PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the County of Lake, State of California, will hold a public hearing to consider a Parcel Map to divide a 406.69 acre property to create three new parcels, and consideration of a Categorical Exemption to CEQA on Thursday July 22, 2021, 9 . South Coast AQMD Permit Application Forms (including Form . In contrast, categorical exemptions are subject to a variety of "exceptions." If an exception applies to an otherwise categorically exempt project, the projectmust go through CEQA review even if it otherwise qualifies for a categorical exemption. Categorical exemptions are made up of classes of projects that generally are considered not to have potential impacts on the environment. The Court of Appeal held that the exception to the exemption applied, because there was a reasonable The First District Court of Appeal, in an opinion issued on September 14 and ordered published on October 13, 2017, upheld the City and County of San Francisco's determination that the rehabilitation of a historic cottage and the development of three residential units on Telegraph Hill was categorically exempt from the California Environmental Quality Act (CEQA). 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. Page 1 of 5. Is there a Categorical Exemption from CEQA? Introduction 1 2. Project activities described above are organizational or administrative activities that will not result in direct or indirect physical changes in the environment. Signed copies of any South Coast AQMD notices are on file and available by contacting the Public Information Center at (909) 396-2039. CEQA EXEMPTION / NEPA CATEGORICAL EXCLUSIONDETERMINATION FORM. Code Regs., tit. In summary, the City has determined that the communications utility project is exempt by categorical exemption under CEQA as an in-fill development project (CEQA Guidelines §15332). 5. . (Cal. project on 612/20 (09) (Meeting Date /ltem #) and found the project to be exempt from CEQA under the following criteria Exempt status and applicable section of the CEQA ("C") and/or State CEQA Guidelines ("G"): (check only one) Categorical Exemption. In addition, if CEQA is triggered, Environmental Compliance documents indicated below are required at time of Application as well. 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)). If an NOE is not filed, a 180-day statute of limitations applies. EA:Page . Commonly Used Exemptions (reference: this website) Class 1 is the "existing facilities" exemption. Notices of Exemption (NOEs) if a state/local agency determines that a project is not subject to CEQA and files a NOE. Categorical Exclusions. Filing posting and making copies available with public inspection notices of exemption if those notices are filed at all CEQA Guidelines 15062c2 c4. Project can proceed with categorical exemption review. Summary 28 6. Notice of Exemption Filing and posting of NOE starts a 35-day statute of limitations period on legal challenges to the decision that the project is exempt. Section 15378 Not a CEQA Project Reasons for Exemption. See SER Chapter 30 for unusual circumstances. A CEQA Exemption Review Form for the project is on file at the OHMVR Division . 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 . Federal-Aid Project Number: Categorical Exemption. 14, § 15300 et seq.) State code number: _____ PrintForm. CEQA EXEMPTION/ NEPA CATEGORICAL EXCLUSION DETERMINATION FORM Caltrans NEPA Determination (Check one) Caltrans has determined that this project has no significant impacts on the environment as defined by NEPA, and that there are no unusual circumstances as described in 23 CFR 771.117(b). 2. Unlike other exemptions, mitigation may also be required under the 15183 process. 3 Sign the form after parts B and C. Categorical Exemption For those permit applications that appear to be categorically exempt, complete the CEQA Compliance Formusing the following procedure: Step Action 1 Circle parts B.3 and C.3. A project qualifies for a Class 32 Categorical Exemption if it is developed on an infill site and meets certain criteria. The BCC has a CEQA Exemption Petition (form 26) that lists possible exemptions. Articles II, IV through VI, and VIII through X of the 1981 City CEQA Guidelines are Exemptions & No Effect Determinations. However, the CEQA Guidelines include a list of classes of projects which have been determined to not have a significant effect on the environment, also known as Categorical Exemptions. The City zoning adjustment board found that the project was exempt from CEQA review under Class 3 (construction of limited numbers of new, small facilities or structures) and Class 32 (in-fill development) categorical exemptions (Cal. 3. Categorical Exemptions Many approved projects may qualify for categorical exemptions (designated classes of activities that generally do not result in significant impacts). Consistency Analysis 11 A. To: Office of Planning and Research PO Box 3044, 1400 Tenth Street, Room 212 . A CEQA Exemption Review Form for the project is on file at the OHMVR Division . Section 15378 Not a CEQA Project Reasons for Exemption. The notion being: why not shorten the lengthy CEQA review where prior planning documents have nearly fully assessed potential impacts of a project? Classes of projects identified by the Resources Agency that should be exempt from CEQA 32 classes of categorical exemptions No further action is required under CEQA However, a categorical exemption cannot be used if the project will significantly adversely impact a historical resource Form 400-CEQA, which must be filled out by the applicant, is a screening tool used by the South Coast AQMD to determine if the project, which may consist of one or more air quality permit applications, is exempt from CEQA or if an analysis of potential environmental impacts is necessary. G 15269(a) Common exemptions that may CEQA Form About If you have not already received an environmental document from the City of Oakland, such as a Notice of Exemption (NOE), analyzing whether your proposed cannabis operation has the potential to generate significant adverse environmental impacts, please complete the attached "Preliminary Checklist for Cannabis Operators" and . Acquisitions are considered "projects", as defined in Title 14, CCR Chapter 3, Article 20, Section 15378 (CEQA Guidelines). CEQA Exemption Petition Form . CEQA Guidelines Section 15262 - Feasibility and Planning Studies : CEQA Guidelines Section 15303 - New Construction or Conversion of Small Structures . California Environmental Quality Act (CEQA) Statute and Guidelines This book is an unofficial copy of CEQA (Public Resources Code 21000-21189) and the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000- § 15061. Review for Exemption. 4, 5/30/2014) The First District Court of Appeal held that AT&T's proposed installation of new utility cabinets in the City of San Francisco fell within CEQA's Class 3 categorical exemption for the "installation of small new equipment and facilities in small structures." 2. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). 1. A categorical exemption from CEQA rests on a finding by the Resources Agency that a class or category of projects does not have a significant adverse environmental effect; a lead agency's . Categorical Exemption Type, Section or Code. Partial List of Categorical Exemptions under CEQA . CEQA Class 32 Categorical Exemption Report Table of Contents Page Categorical Exemption Report 1 1. In these cases, only a Notice of Exemption is needed to successfully comply with the CEQA requirement. Code Regs., t. T 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. RCWD has determined, based on substantial evidence, that none of the exceptions to the Class 1, 3, or 4 categorical exemptions set forth in State CEQA Guidelines section 15300.2 apply here. Decisions must be fact-based. Projects that are not exempt, may be able to tier from programmatic CEQA documents, such as the ones done by CalCannabis and BCC. 14 CCR § 15061. IS NOT exempt. 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. . Every discretionary action requires environmental review pursuant to CEQA. Comments and Planner . Notice of Exemption Form D . It's free to sign up and bid on jobs. Environmental document filing fees will be waived if a project will have no effect on fish and wildlife (Fish & Game Code §711.4, subd. Project is thus exempt from CEQA. Per the California Environmental Quality Act (CEQA), this is a list of exemptions that are most likely applicable to development applications processed by the Santa Clara County Planning Office. (Cal. Find environmental documents (Environmental Impact Reports (EIR), Negative Declarations and Categorical Exemptions), and various public notices associated with current projects using the project control number or title. review, finding that the project fell under the Class 3 CEQA categorical exemption for a single family residence3 and the Class 32 CEQA categorical exemption for in-fill development projects.4 Litigation followed. Reference: 14 CCR Section 15062(d) CEQA Exemption Home 161-13) pg. CEQA Guidelines Section 15306 - Information Collection Negative . is required. Noise 16 C. Air Quality 21 D. Greenhouse Gas Emissions 24 E. Water Quality 27 5. environmental review pursuant to the California Environmental Quality Act (CEQA) because they fall within a class of projects determined not to have significant effect on the environment. There are specific noticing requirements under the California Environmental Quality Act (CEQA). Resources Code, Section 21000 et seq. Code Regs., This form is always required at time of Application. (b) A project is exempt from CEQA if: (1) The project is exempt by . Categorical Exemption Certain actions are not considered "projects" under CEQA, and are exempt from the environmental review process because they "have been determined not to have a significant effect on the environment". If the Tribe determines that the Project is not subject to a Categorical Exemption and that the Project may cause a Significant Effect on the Off- Reservation Environment, the Tribe shall prepare an Initial Study.. CEQA also prohibits use of a categorical exemption when "there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances." (CEQA Guidelines § 15300.2(c)). review process under either a statutory exemption or a categorical exemption set forth in the CEQA Guidelines." The statutory exemptions, created by the Legislature, are found in section 21080, subdivision (b). Sec. When the District/Region Senior Environmental Planner determines that a project on the State Highway System is exempt from CEQA and has signed the CE/CE form, a Notice of Exemption (NOE) must be filed with the SCH. 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. Partial List of Categorical Exemptions under CEQA . Projects must comply with the California Environmental Quality Act, Division 13 (commencing with Section 21000; 14 California Code of Regulations section 15000 . 15061(b)(3)} (also complete GRE form PLN-1124) Not a Project Reasons why project is exempt: This revised Resource Summary Report is an informational update and not a policy document. Categorical Exemptions (Sections 15301 to 15333). CEQA Review Process. City's CEQA determination. Categorical Exemptions: "Categorical exemption" means an exemption from CEQA for a class Categorical Exemption Type, Section or Code. Exempt Status: CEQA Guidelines Section 15061(b)(3) - Common Sense Exemption . infill exemption (CEQA Guidelines § 15332); and (2) the project met the design review criteria. Environmental Evaluation Application. A. Categorical Exemption List for Express Permits B. CEQA Notice of Determination (NOD) form C. Certificate of Fee Exemption (F&G) form D. CEQA Notice of Exemption (NOE) form E. CEQA Questionnaire for Work on Historic Buildings F. CEQA Procedure Flow Chart for Structural Plan Check For the purposes of the California Environmental Quality Act (CEQA, Pub. What is a categorical exemption under CEQA? Partial List of Categorical Exemptions under CEQA . 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. General Rule Exemption {Sec. 2. of . Existing Site Conditions 8 4. EP_ArcMap > CEQA Catex Determination Layers > Serpentine) If no boxes are checked above, GO TO STEP 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)). Class 4 is described as a "minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes." The . Limitations granted by a Notice of Exemption. Search for jobs related to Statutory exemption ceqa or hire on the world's largest freelancing marketplace with 20m+ jobs. Evaluating the "significance" of an impact can be a complex and constantly evolving task, often requiring expert review and opinion. The following notices are for projects where the South Coast AQMD is the lead agency. the environment, and are declared to be categorically exempt from the requirement for the preparation of environmental documents. 2 Fill in the relevant subsection to Regulation 2-1-312 in the blank in C.3. Code Regs. ), the Department adopted the regulations relying on the Class 7 categorical exemption for "Actions by Regulatory Agencies for Protection of Natural Resources" and the Class 8 categorical exemption for "Actions by Regulatory WHAT IS A CATEGORICAL EXEMPTION? existing facility, the project is categorically exempt from the provisions of CEQA pursuant under the Class 1 Categorical Exemption of the State CEQA Guidelines for Existing Facilities (14 CCR, Section 15301). A list of Categorical It is not comprehensive but, instead describes general categories. Certain commercial cannabis activities (projects) ay be exempt from further environmental review pursuant to the California Environmental Quality Act (CEQA) because they fall within a class of projects determined not to have significant effect on the environment. The approval of this project violates California law and will have serious risk, endangerment, quality-of-life impacts on those of us who live in the community. 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 . 1. The determination by the Planning Department or other authorized City department that a project is exempt from the California Environmental Quality Act (CEQA) may be appealed to the _____ Signed Statutory Exemptions. CEQA Exemption Created Date: . The Environmental Checklist Form in Appendix G to the CEQA Guidelines offers a more comprehensive list of environmental resources. References 29 List of Figures Figure . The existing facilities exemption applies to "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." (CEQA Guidelines §15301). (c)(2)(A)).Projects that are statutorily or categorically exempt from CEQA are also not subject to the environmental document filing fee and do not require a no effect determination (NED) (Cal. However, before a project can be determined to qualify for a categorical CEQA exemption, exceptions to the exemption, such as cumulative impacts, must be considered. This project fits under the Class 4 (Minor Alterations to Land) Categorical Exemption to CEQA. 2. Categorical Exemptions from CEQA, Adopted August 17, 2000 2 this list of categories of projects determined to be exempt from CEQA nevertheless clearly could not possibly have a significant effect on the environment and may be excluded from the application of CEQA under Section 15061 of the CEQA Guidelines. Article 5. . C. Categorical Exemption "Categorical Exemption" shall mean an exemption from CEQA for a class of projects based on a finding from the State Secretary of Resources that the class of projects does not have a significant effect on the environment (See Sections 15300 et seq. C Sec. (Cal. These classes of projects are described in the CEQA Guidelines under Article 19. and these are eligible for categorical exemptions. CEQA Form About If you have not already received an environmental document from the City of Oakland, such as a Notice of Exemption (NOE), analyzing whether your proposed cannabis operation has the potential to generate significant adverse environmental impacts, please complete the attached "Preliminary Checklist for Cannabis Operators" and . Per Resolution No. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). b) Agreement . (3) The activity is covered by the general rule common sense exemption that CEQA applies only to projects which have . Projects which qualify for a categorical or statutory exemption will generally not benefit from the 15183 process. Code Regs., Tit. CEQA Guidelines Section 15262 - Feasibility and Planning Studies : CEQA Guidelines Section 15303 - New Construction or Conversion of Small Structures . Projects may be exempt from CEQA for a number of reasons. 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