What is an exception to an exemption?
  • 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 an exemption.
TYPES OF EXCEPTIONS

STATUTORY EXCEPTIONS
  • Projects that which may result in damage to scenic resources within a duly designated scenic highway.
  • 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 significane of an historical resource.
  • See Public Resources Code §21084
GUIDELINE EXCEPTIONS

LOCATION
  • Location based exceptions apply only to Class 3, 4, 5, 6, and 11 categorical exceptions.
  • Location based exceptions apply where a project that is exempt based on one of the above classes may impact on an environmental resource of hazardous or critical concern.
  • See Guidelines §15300.2(a)
CUMULATIVE IMPACT
  • This exception applies when, although one may not have a significant impact, the impact of successive projects, of the same type, in the same place, over time is significant. Guidelines §15300.2(b)
  • Cumulative impacts are two or more individual effects which, when considered together, areconsiderable or which compound or increase other enviromental impacts. Guidelines §15355
SIGNIFICANT EFFECT DUE TO UNUSUAL CIRCUMSTANCES
  • 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.
  • The signifcant effect must be on the environment.
  • See Guidelines §15300.2(b)

SELECTED CASE LAW