• 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.

• 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

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

• Wildlife Alive. v. Chickering 18 Cal.3d 190 (1976)
• East Peninsula Education Council v. Palos Verdes 210 Cal. App. 3d 155 (1989)
• Association for the Protection of Values v. Ukiah 2 Cal. App. 4th 720 (1991)
• City of Pasadena v. State of California 14 Cal.App.4th 810 (1993)