Tag: CEQA Guidelines

New Guidelines for Assessing Transportation Impacts Under CEQA Finalized

The California Natural Resources Agency has adopted new CEQA Guidelines that will leave behind level of service in favor of vehicle miles traveled. Following years of development and public comment, the Office of Planning and Research (OPR) and the Natural Resources Agency have issued new CEQA Guidelines for analyzing transportation impacts.  These new regulations represent … Continue Reading

OPR Issues Discussion Draft of Proposed Changes to Appendix G of the CEQA Guidelines to Incorporate Tribal Cultural Resources

The Governor’s Office of Planning and Research (OPR) has announced the availability of a discussion draft of proposed changes to Appendix G of the CEQA Guidelines incorporating tribal cultural resources, pursuant to Assembly Bill 52. (For more on AB 52, see our web report here). The discussion draft, available here, provides background on AB 52 … Continue Reading

EIR Comments Should Improve The Environmental Review Process, Not Derail It

CEQA guidelines require only that a lead agency give detailed responses to comments that identify an important new matter not discussed in the draft environmental impact report or raise questions about a significant environmental issue, the Fourth District Court of Appeal ruled, allowing Orange County to proceed with a long-considered expansion of a county jail. City … Continue Reading

OPR Issues Draft Technical Advisory Regarding New CEQA Requirements for Tribal Cultural Resources

The Governor’s Office of Planning and Research has announced the availability of a draft technical advisory discussing the new CEQA requirements for tribal cultural resources that have been added by Assembly Bill 52. The new law goes into effect on July 1, 2015. The draft technical advisory describes the new substantive and procedural requirements and … Continue Reading

No CEQA Review Required For Adoption of CEQA Thresholds of Significance

A court of appeal today rejected a CEQA challenge to an air pollution control district’s published thresholds of significance for air pollution impacts.  California Building Industry Association v Bay Area Air Quality Management District, No. 135335 (First District, July 13, 2013).   The thresholds, contained in the District’s “CEQA Air Quality Guidelines,” were first adopted … Continue Reading

No Exception to the Exemption — Installation of Small Wireless Telecom Equipment on Existing Utility Poles Throughout City is Exempt from CEQA

After obtaining the necessary permit, T-Mobile installed wireless equipment on an existing utility pole in a residential neighborhood in San Francisco.  The installation was part of a larger project to install similar equipment on existing utility poles scattered throughout the city.  Residents living nearby sought to have the city’s decision to issue the permit overturned, … Continue Reading

Supreme Court to Decide Scope of Categorical Exemptions from CEQA

In what is perhaps the most controversial CEQA decision this year, the court of appeal in Berkeley Hillside Preservation invalidated permits for construction of a single-family home, ruling that the project did not qualify under CEQA’s categorical exemption for construction of a single-family residence or its categorical exemption for infill development.  The California Supreme Court has now decided to … Continue Reading

Appendix G of CEQA Guidelines Cannot Require Analysis of Effects of Environment on Project

Provisions of Appendix G of the CEQA Guidelines that purport to require analysis of the effects of environmental hazards on a proposed project have been declared invalid by California’s Second District Court of Appeal.  The court held that such impacts are not encompassed by CEQA, rejecting a claim that an Environmental Impact Report was required to evaluate the impacts of potential … Continue Reading
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