What is the CEQA process?
The CEQA process requires the public agency in charge of permitting the project, known as the “lead agency,” to conduct an environmental review. This review is pulled together in one document, either a negative declaration if no adverse impact is projected, or an environmental impact report.
What is CEQA exempt?
Categorical exemptions are made up of classes of projects that generally are considered not to have potential impacts on the environment. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331).
What is a categorical exemption?
Categorical exemption means an exemption from CEQA for a class of projects based on a finding from the State Secretary of Resources that the class of projects does not have a significant effect on the environment (See Sections 15300 et seq. of the CEQA Guidelines).
What projects does CEQA apply to?
All projects undertaken by a public agency are subject to CEQA. This includes projects undertaken by any state or local agency, any special district (e.g., a school district), and any public college or university. CEQA applies to discretionary projects undertaken by private parties.
What is a project under CEQA?
CEQA defines a “project” as an activity that (1) is a discretionary action by a governmental agency and (2) will either have a direct or reasonably foreseeable indirect impact on the environment. (Pub. Res. Code, § 21065.)
What is a non discretionary project?
Some investments are made because of necessity rather than profitability (e.g., pollution control equipment, safety equipment). Hence, discretionary projects must earn a return rate in excess of the cost of capital to make up for the losses on nondiscretionary projects. …
What are ministerial permits?
A ministerial permit is a permit that is granted upon determination that a proposed project complies with established standards set forth in the zoning ordinance and/or other applicable policy documents.
What is Sequa?
SEQUA. From Latin; used to describe a Gallic people in Eastern France about 100Bce Woman of extreme beauty as well as mystique chased by many guys but hard to tame. She is named after the Roman Goddess of the Seine River and carries musical qualities able to make people feel better.
Why was CEQA enacted?
The CEQA process has been used to help cut climate pollution, reduce air and water pollution and protect open space, wildlife habitats and farmlands. Ensures that environmental justice and equity are part of the development decision-making process.
How much does a CEQA cost?
CEQA Document Filing Fees Increase for 2020
| CEQA Document | Fees Effective Jan. 1, 2019 |
|---|---|
| Negative Declaration | $2,354.75 |
| Mitigated Negative Declaration | $2,354.75 |
| Environmental Impact Report | $3,271.00 |
| Environmental Document pursuant to a Certified Regulatory Program* | $1,112.00 |
What is a ministerial function?
A ministerial function is one where the authority has a duty to do a particular thing in a particular way. Such actions are however exceptional. In most administrative actions, the administrative authority has the power either to act or not to act in one way or the other.
What is a discretionary approval?
Discretionary Approval means an action which requires the exercise of judgment, deliberation, or discretion on the part of the City in approving or disapproving a particular activity.
What is an entitlement in planning?
A discretionary entitlement is a planning approval granted to an applicant to allow for a specific type of land use and/or to allow for the construction, modification, or use of a building.
What is non discretionary spending?
As it relates to legal contracts, non-discretionary spending is spending required by a contract, budget, and other lawful commitments. For example, the budget for a government department may set aside a certain amount for environment-related initiatives as non-discretionary spending.
What does use right mean?
The term ‘Use by Right’ refers to a property owner’s use of property and structures in manners consistent with that which is listed as permissible in the zoning district in which his or her property is located.
What is as of right?
Prepositional phrase as of right. (law) by virtue of an entitlement or authority which arises from certain legal conditions or circumstances; by operation of law. To acquire a right of way by long use, a claimant must show use as of right, peaceably, openly and without permission. He may appeal the ruling as of right.
What is a permitted use?
A permitted use is a use that is allowed as long as the landowner meets all of the other requirements of the particular zoning category. Permitted uses allow for the use that is intended by the designation. For example, a certain business designation will allow restaurants, and another will allow gas stations.
What does by right mean in real estate?
For those unfamiliar, a zoning code is considered “by-right” if the approvals process is streamlined so that projects that comply with the zoning standards receive their approval without a discretionary review process.
Which is not a test for determining if something is a fixture?
***Cost, size, and time installed are NOT tests in determine if something is a fixture (real property).
Are kitchen appliances considered fixtures?
Key Takeaways. The sales contract should define fixtures and include them when you buy a home. If a fixture is attached to the house when it’s listed, you should receive that fixture when you buy the home. Appliances, electronics, and other specific items are not considered fixtures.