Category: CEQA Categorical Exemptions

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First District Finds Petitioner Failed to Exhaust Administrative Remedies in CEQA Challenge to Removal of Controversial Sculpture

By Christopher I. Rendall-Jackson on Posted in CEQA Categorical Exemptions, Exhaustion of Administrative Remedies
In an opinion filed on February 1, 2021, the First Appellate District in Schmid v. City and County of San Francisco found that petitioners challenging the City of San Francisco’s decision to remove a controversial sculpture had failed to exhaust their administrative remedies by not appealing the CEQA determination by the San Francisco Historic Preservation … Continue Reading

California Supreme Court Throws the Barn Doors Open, Finding That Groundwater Well Permits Aren’t Necessarily Ministerial

By Christian L. Marsh and Austin C. Cho on Posted in CEQA Categorical Exemptions, CEQA Guidelines, Exemptions and "Not a Project" Determinations, General, Non-discretionary Action
On August 27, 2020, in Protecting Our Water and Environmental Resources v. County of Stanislaus, Case No. S251709 (“Protecting Our Water”), the California Supreme Court held that the County in that instance could not categorically classify its issuance of groundwater well construction permits as ministerial decisions exempt from environmental review under the California Environmental Quality … Continue Reading

First District Rejects “Location Exception” for Project in Earthquake Fault and Landslide Areas and Affirms Class 3 Exemption for Small Residential Projects in the Berkeley Hills

By Christian L. Marsh and Benjamin C. Lee on Posted in CEQA Categorical Exemptions, Exceptions to CEQA Categorical Exemptions
In Berkeley Hills Watershed Coalition v. City of Berkeley (2019) 31 Cal.App.5th 880 [certified for partial publication], the Court of the Appeal for the First District affirmed that the construction of three new single-family homes on adjacent parcels in the Berkeley Hills was exempt under CEQA’s Class 3 exemption for single-family residences in urbanized areas.  … Continue Reading
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