Cal. Code Regs. tit. 14 § 15061 : Natural Resources — Resources Agency — Guidelines for Implementation of the California Environmental Quality Act — Preliminary Review of Projects and Conduct of Initial Study — 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.

(4) The project will be rejected or disapproved by a public agency. (See Section 15270(b) ).

(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.

Cal. Code Regs. Tit. 14, § 15061

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.

1. Amendment of subsection (d) filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
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).