Type, Section or Code
Common Sense Exemption Cal. Code Regs., tit. 14, § 15061, subd. (b)(3)
Reasons for Exemption
Common Sense Exemption - The “Common Sense Exemption” applies to this project. The Property currently contains a vacant building and the remainder of the property is being used as a parking lot. The Property is located across the street from the Fresno Housing Authority’s main offices and adjoins its annex administrative property. The Fresno Housing Authority intends to use the Property as a parking lot for the foreseeable future. Accordingly, the project involves use of the Property in substantially the same nature and extent as the prior existing use. Therefore,
there is no possibility the project may have a significant effect on the environment on the Property or in neighboring areas. While the Authority may, at some point in the future, propose an affordable housing development on the Property, the scope, nature, funding, or indeed even an outline of any such potential future project are unavailable and not yet contemplated by the Authority. Preparing an EIR or a negative
declaration pursuant to CEQA at this time would not permit any meaningful information for environmental assessment because there are no parameters for future development. (Cal. Code Regs., tit. 14, § 15004, subd. (b); see also Save Tara v. City of West Hollywood (2008) 45 Cal.4th 116.) The Authority is not committed at this point to any future development and there are no agreements contemplating any future development. At the earliest feasible point during consideration of a potential project, the Authority will comply with CEQA to facilitate a meaningful discussion of impacts on the environment from any such future project. Moreover, by resolution, the Board of Commissioners of the Housing Authority of the City of Fresno, California has conditioned future development on CEQA review.