TYPES OF EXCEPTIONS
- A project may be exempt from the CEQA process by the application of categorical exemption.
- The existence of the exception requires the project to go through the CEQA process regardless of the fact that the project otherwise meets the criteria of a categorical exemption. The exceptions are listed in § 15300.2 of the CEQA Guidelines.
- Projects that which may result in damage
to scenic resources within a duly designated scenic
- Projects located on a site or facility
listed pursuant to Cal Govt Code §65962.5
- Projects that may cause a substantial
adverse change in the significance of an historical
- See Public Resources Code §21084
- Location based exceptions apply where a project may impact on an environmental resource of hazardous or critical concern.
SIGNIFICANT EFFECT DUE TO UNUSUAL CIRCUMSTANCES
- This exception applies when, although a particular project may not have a significant impact, the impact of successive projects, of the same type, in the same place, over time is significant.
- This exception applies when, although the project may otherwise be exempt, there is a reasonable possibility that the project will have a significant effect due to unusual circumstances. Examples include projects which may affect:
- Scenic resources
- Historical resources
Categorical Exemptions; Projects Damaging Scenic Resources | Public Resources Code §21084
Exceptions to Categorical Exemptions | California Code of Regulations §15300.2
SELECTED CASE LAW
Azusa Land Reclamation Co. v. Main San Gabriel Basin Watermaster(1997) 52 Cal.App.4th 1165
Wildlife Alive. v. Chickering (1976) 18 Cal.3d 190
East Peninsula Education Council v. Palos Verdes(1989) 210 Cal. App. 3d 155
Association for the Protection of Values v. Ukiah(1991) 2 Cal. App. 4th 720
City of Pasadena v. State of California(1993) 14 Cal.App.4th 810