The Decision in Berkeley Hillside: The California Supreme Court Clarifies the Rules for Using Categorical Exemptions Under CEQA. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). 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. In Protect Tustin Ranch v. City of Tustin, 70 Cal. Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. Opinion by Justice Gilbert Nares, with Acting Presiding Justice Richard D. Huffman, , and Justice Judith L. Haller, concurring. Whenever there is an important change in CEQA practice - whether as a result of an appellate court decision, new legislation, or revisions to the . These are projects exempt from CEQA as determined by the State Legislature. Categorical Exemption Type, Section or Code. The court concluded the plaintiff failed to establish unusual circumstances. Preliminary Review of Projects and Conduct of Initial Study. S201116), overturning the Court of Appeal and charting a course for the future application of categorical exemptions under the California Environmental Quality Act (CEQA). The California Supreme Court issued a long-awaited ruling regarding categorical exemptions under the California Environmental Quality Act (CEQA) reversing a court of appeal decision that would have sharply curtailed the use of such exemptions and made them easier to challenge. • Categorical exemptions may not be used for any project that may cause a substantial adverse change in the significance of a historical resource (Guidelines § 15300.2(f).) As the Lead Agency under CEQA, the City of Blythe has undertaken environmental review and determined that the proposed development qualifies for a Categorical Exemption (CE) as an infill development project (State CEQA Guidelines §15332). App. (Cal. There are other exemptions under CEQA known as Statutory Exemptions. 4. The Project qualifies for the following Categorical Exemptions under the CEQA Guidelines: Section 15301, Existing Facilities (Class 1); Section 15303, New Construction or Conversion of 1. Relying upon these two categorical exemptions, the City of Berkeley (the "City") approved the construction of an approximately 6,500 square foot house with an approximately 3,400 square foot attached 10-car garage in a heavily wooded hillside . 9. § 15061. Review for Exemption. (Guidelines . Other exemptions apply only to part of the requirements of CEQA, and still others apply to the timing of compliance. 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 the present. 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). The City found that the action was exempt under CEQA's Class 5 categorical exemption for "minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density . 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). . California Environmental Quality Act, Public Resources Code section 21000 et seq. Under CEQA, categorical exemptions allow public agencies to streamline environmental review for certain projects by eliminating the need to prepare an initial study or environmental impact report if the proposed project is part of a list of classes of projects that have been determined not to have a significant effect on the environment. The California Supreme Court has issued a long-awaited decision that clarifies the rules for using "categorical exemptions" from the requirement to prepare an environmental impact review under the California Environmental Quality Act (CEQA). The Energy Commission made CEQA findings pertaining to this project, including finding that it was categorically exempt under Title 14 CCR 15301 and 15306 when grant agreement PIR-18-006 for this project was originally approved by the Commission on June 12, 2019. Administrative Code Chapter 31, as amended, Board of Supervisors Ordinance Number 161-13), The City's planning commission determined that the project was categorically exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to the Class 32, Infill Development Projects exemption. .", because it was simply revising the General Plan to conform with the City's ongoing . Some exemptions are complete exemptions from CEQA. Categorical Exemption. On March 2, 2015, the California Supreme Court resolved almost three years of uncertainty over how to apply the "unusual circumstances" exception to the use of categorical exemptions under CEQA. (b) A project is exempt from CEQA if: (1) The project is exempt by . CEQA Guidelines §15300.2 identifies exceptions that override a lead agency's ability to use a categorical exemption. Under CEQA, categorical exemptions allow public agencies to streamline environmental review for certain projects by eliminating the need to prepare an initial study or environmental impact report . The project is categorically exempt from the California Environmental Quality Act {CEQA) under CEQA Guideline Section 15304 Minor Alterations to Land, because the project involves the removal of vegetation for the purpose of fuel . Our goal is to provide you with timely information and analysis concerning key developments in environmental review under the California Environmental Quality Act. Categorical exemptions are applicable to certain classes of projects, such as smaller in-fill developments and alterations to existing facilities, that are normally exempt from environmental review under CEQA (and thus do not require preparation of an initial study/negative declaration or an environmental impact report) unless an applicable . 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". 3. 44). Jennifer L. Hernandez. Categorical exemptions are made up of classes of projects that generally are considered not to have potential impacts on the environment. EXISTING CONDITIONS PROJECT LOCATION The project site is at Terrace Hills MS at 22531 De Barry Street, in the City of Grand Terrace, in San Bernardino County. 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. County of Santa Cruz,[1] clarifies that so called "small cell" telecommunications networks in the public streets and highways are exempt from CEQA review under the "Class 3" categorical exemption . 3 Exemption: a statutory or regulatory provision exempting certain minor projects from CEQA. The California Code of Regulations (CCR) is the official compilation and publication of the regulations adopted, amended, or repealed by state agencies pursuant to the Administrative Procedure Act (APA). Page 1 of 3. 1. Federal-Aid Project Number: 14, § 15332; infill exemption). CEQA generally requires a governmental agency to prepare an EIR for any project which may have a significant effect on the environment. the use of a categorical exemption from CEQA is a two-step process: first, whether an unusual circumstance is evaluated under the substantial evidence standard, and then whether a significant impact is reviewed under CEQA's "fair argument" standard. Th CE document is has been prepared to Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. This research was conducted to determine how often the courts uphold agencies' categorical exemption determinations. CEQA Appeal Rights under Chapter 31 of the San Francisco Administrative Code If the Commission approves an action identified by an exemption or negative declaration as the Approval Action (as defined in S.F. Partial List of Categorical Exemptions under CEQA . Key resources for understanding and implementing CEQA. Categorical Exemption Type, Section or Code. The Energy Commission made CEQA findings pertaining to this project, including finding that it was categorically exempt under Title 14 CCR 15301 and 15306 when grant agreement PIR-18-006 for this project was originally approved by the Commission on June 12, 2019. Categorical Exemptions SECTIONS 15300 TO 15332 15300. CEQA Review Process. Initial Study (IS): a preliminary analysis undertaken to determine whether a project may have a significant impact. Some types of projects that do not result in any adverse significant environmental effects can be exempt from CEQA requirements under specified exemptions (CEQA Guidelines, Section 15062). CATEGORICAL EXEMPTIONS 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 Exemption. 2. Statutory exemptions are granted by the California Legislature for individual or classes of projects, and apply regardless of the environmental impacts of the project for state policy reasons. 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 What is an exemption? 5th 951 (2021), the court of appeal upheld a city's reliance on the infill development categorical exemption under CEQA for a new. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section ). An IS typically includes a checklist (Appendix G of the CEQA Guidelines) and supporting analysis and studies. There was nothing unusual about the rodeo. Cumulative Impact. The decision creates a two-part test that, taken as a whole, will favor agencies more than project opponents. State type and section number: Statutory Exemptions. The California Environmental Quality Act ("CEQA") provides the strong presumption in favor of requiring preparation of an Environmental Impact Report. • Whether or not an object or building is a historical resource for purposes of this exception to the exemptions is reviewed under the substantial evidence test • 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)). California Environmental Quality Act (CEQA) Reducing the potential environmental impacts of proposed projects. The Categorical Exemption is Not Appropriate under CEQA . 14, §§ 15303 (a), 15332). Is there a Categorical Exemption from CEQA? 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