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." CEQA Guidelines Section 15300.2(c). No. 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. These exceptions apply (and therefore a categorical exemption does not apply) where: 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. Appellants appealed the planning commission's decision, and the city council . The California Supreme Court issued its opinion in Berkeley Hillside Preservation v.City of Berkeley (Case No. Board staff has determined the project is exempt from CEQA under the Class 1, Existing Facilities, and Class 4, Minor Alterations to Land categorical exemptions (CEQA Guidelines § 15301 and § 15304), because the proposed activity consists of constructing a boat ramp at an existing site used to launch boats, placing rock slope protection around the boat ramp, and permitting the existing . 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- In doing so, the Court held that the "location exception" to CEQA categorical exemptions (Guidelines, § 15300.2(a)) does not apply because an earthquake fault zone or earthquake-induced landslide area is not an "environmental resource of hazardous or critical concern." The District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). v. City of Berkeley et al., revolves almost entirely around how to parse the language of one of these exceptions: the "unusual circumstances" exception of CEQA Guideline 15300.2(c), which provides, "A categorical exemption shall not be used for any activity . 2019-4-6 and Sections 3.11 and 3.22 of the Rancho Water's Local CEQA Guidelines for from the provisions of CEQA and no environmental review is required unless one of the exceptions in CEQA Guideline Section 15300.2 applies (discussed below). highway that would constitute an exception to Classes 3 & 4 Categorical Exemptions as described in Section 15300.2 (d) of the CEQA Guidelines and Section 21084 (c) of the CEQA Statutes. An unincorporated association, Respect Life South San Francisco, and other petitioners sued. Pursuant to CEQA Guidelines Section 15062, a 35day statute of limita- tions for this CEQA exemption shall apply from the date a Notice of Exemption is posted with the San Diego County Clerk, or a 180- The court of appeal reasoned that the potential for significant environmental impacts of the subject project itself constituted "unusual circumstances," and thus, the categorical exemptions did not apply and an EIR or negative declaration was required. A categorical exemption shall not be used for an activity where there is a reasonable Relation to Ministerial Projects Click card to see definition Sec 21080 of Public Resources Code exempts from the application of CEQA those projects which public agencies exercise only ministerial authority. potentially significant impacts, without more, to negate categorical exemptions would cause the exception to swallow the rule: all of the categorical exemptions—all of which are subject to the exception in § 15300.2(c)—would collapse into the "common sense" CEQA exemption, for actions that have no possibility 14 § 15300.1 Download PDF Current through Register 2021 Notice Reg. Issued on March 2, 2015, the majority opinion and Justice Liu's concurrence (which dissents on the key issue) are . categorical exemption and the Lead Agency must proceed to complete CEQA review. Respect Life appealed. 15300.2(f)) - lead agencies must first determine if the project has the potential to impact historical resources and if those impacts could be adverse prior to determining if a categorical exemption may be utilized for any given project - High likelihood that TCRs are also historical resources under CEQA Berkeley Hills Watershed Coalition v. City of Berkeley, 31 Cal.App.5th 880 (1st Dist. 50, December 10, 2021 Section 15300.2 - Exceptions (a) Location. 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. There is no reasonable possibility that the project would have a significant effect on the environment. (b), (c).) Categorical exemptions are a class of projects that have been determined by the Secretary for Resources not to have a significant effect on the environment. 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. The Court began by examining the text of section 15300.2, which provides: "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." A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not Article 19. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. CEQA- Categorical Exemptions Guidelines §15301-15333 STUDY Flashcards Learn Write Spell Test PLAY Match Gravity 15300.1. Minor . For example, a project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. therefore exempt from CEQA under so-called "categorical exemptions."2 Such categorically exempt projects historically have included single-family homes and limited in-fill development projects meeting certain requirements, although the use of such exemptions was limited. The project is not located on a hazardous waste site, a historical resource, or adjacent to a scenic highway. 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. These categorical exemptions to CEQA are listed in the CEQA Guidelines. (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. categorical exemption and why no exceptions to the categorical exemptions apply (see CEQA guidelines section 15300.2). The only designated State Scenic Highway in Los Angeles County is Route 2 from 2.7 miles north of State Route 210 at La Canada to the San Bernardino County Line. All categorical exemptions are subject to 6 exceptions under CEQA Guidelines, § 15300. 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. If the exceptions to the exemption do not apply, the court upholds the categorical exemption and the agency is not required to perform any further CEQA review of that project. It is a state law that requires government . 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. The categorical exemptions, found in Guidelines sections 15300 through 15333, were promulgated by the Secretary for Natural Resources in response to the Legislature's directive to develop "a list of classes of projects which have been determined not to have a significant effect on the environment." If the lead agency concludes a project . 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). CEQA Exemptions Updated 2/2/20 6 General Rule or Common Sense Exemption . California Code Of Regulations Article 19 - Categorical Exemptions Section 15300.1 - Relation to Ministerial Projects Cal. 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. Guidelines section 15332 grants a categorical exemption from CEQA for infill development projects. Typically, courts analyzed this exception under two-prongs: (1) does a project present . CEQA Exceptions Default left Nav Default left Nav Location Classes 3, 4, 5, 6, and 11 of 14 CCR Section 15300 are qualified by consideration of where the project is to be located. On March 2, 2015, the California Supreme Court issued its decision in Berkeley Hillside Preservation v.City of Berkeley, which addressed the meaning of the "unusual circumstances" exception to the California Environmental Quality Act's ("CEQA") categorical exemptions.Specifically, the Court "granted review to consider the proper interpretation and application" of section 15300.2 . Categorical exemptions have always been limited so that they could not be used when "there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances." 11 This decision further limits CEQA categorical exemptions for all projects, not just single family homes. 2019). A categorical exemption cannot be used for a project that may cause a substantial adverse change in the significance of a historical resource. 1. 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. ARA contended that the Project was not exempt from CEQA because the County improperly segmented the Project and the Project fell within multiple exceptions to the exemption based on its location (CEQA Guidelines, § 15300.2(a)), cumulative impact (CEQA Guidelines, § 15300.2 (b)), and unusual circumstances (CEQA Guidelines, § 15300.2(c)). If the exceptions to the exemption do not apply, the court upholds the categorical exemption and the agency is not required to perform any further CEQA review of that project. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. This described in Section 15300.2 of the CEQA Guidelines apply. CEQA Guidelines section 15300.2, subdivision (c), provides that "[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." CEQA Guidelines Section 15300.2 gives Exceptions to the Categorical Exemptions. The Resources Agency has developed a list of activities that are presumed to not have a significant impact on the environment. CATEGORICAL EXEMPTIONS 5 CLASS 3 CATEGORICAL EXEMPTION, NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES CEQA Guidelines § 15303 CEQA Guidelines § 15300.2 Exceptions Applicability (d) Scenic Highways. (CEQA Guidelines § 15300.2(c).) qualify for any CEQA exemptions, and why no exceptions to those exemptionswould apply pursuant to CEQA Guidelines section 15300.2. determinations that the closures and transfers were exempt from CEQA, and (2) if the closures are exempt, then SOS met its burden showing that two exceptions to CEQA's categorical exemptions—the "cumulative impacts" and the "unusual circumstance" exceptions—applied. Under section 15300.2, subdivision (c), of the CEQA Guidelines provides: "A categorical exemption shall 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." § 15300.2. Categorical Exemptions . Guidelines section 15332 grants a categorical exemption from CEQA for infill development projects. of Categorical Exemptions? 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