Cal. Code Regs. Tit. 14, § 15061 - Review for Exemption
(a) Once a lead agency has determined that an
activity is a project subject to CEQA, a lead agency shall determine whether
the project is exempt from CEQA.
(b) A project is exempt from CEQA if:
(1) The project is exempt by statute (see,
e.g. Article 18, commencing with Section
15260).
(2) The project is exempt pursuant to a
categorical exemption (see Article 19, commencing with Section
15300) and the application of that
categorical exemption is not barred by one of the exceptions set forth in
Section 15300.2.
(3) The activity is covered by the common
sense exemption that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to
CEQA.
(5) The project is exempt pursuant to the
provisions of Article 12.5 of this Chapter.
(c) Each public agency should include in its
implementing procedures a listing of the projects often handled by the agency
that the agency has determined to be exempt. This listing should be used in
preliminary review.
(d) After
determining that a project is exempt, the agency may prepare a notice of
exemption as provided in Section
15062. Although the notice may be
kept with the project application at this time, the notice shall not be filed
with the Office of Planning and Research or the county clerk until the project
has been approved.
(e) When a
non-elected official or decisionmaking body of a local lead agency decides that
a project is exempt from CEQA, and the public agency approves or determines to
carry out the project, the decision that the project is exempt may be appealed
to the local lead agency 's elected decisionmaking body, if one exists. A local
lead agency may establish procedures governing such appeals.
Notes
2. Amendment of section and NOTE filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending subsection (d) and NOTE filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
4. New subsections (b)(5) and (e) and amendment of NOTE filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
5. Amendment of subsection (b)(3) and NOTE filed 12-28-2018; operative 12-28-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 52).
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080, 21080.9, 21080.10, 21084, 21108, 21151, 21152 and 21159.21, Public Resources Code; Muzzy Ranch Co. v. Solano County Airport Land Use Commission (2007) 41 Cal. 4th 372; and No Oil, Inc. v. City of Los Angeles (1974) 13 Cal. 3d 68.
2. Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending subsection (d) and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
4. New subsections (b)(5) and (e) and amendment of Note filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
5. Amendment of subsection (b)(3) and Note filed 12-28-2018; operative
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