§ 15062. Notice of Exemption.
14 CA ADC § 15062Barclays Official California Code of Regulations
14 CCR § 15062
§ 15062. Notice of Exemption.
(a) When a public agency decides that a project is exempt from CEQA pursuant to Section 15061, and the public agency approves or determines to carry out the project, the agency may, file a notice of exemption. The notice shall be filed, if at all, after approval of the project. Such a notice shall include:
(6) If different from the applicant, the identity of the person undertaking the project which is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies or the identity of the person receiving a lease, permit, license, certificate, or other entitlement for use from one or more public agencies.
(1) When a state agency files this notice, the notice of exemption shall be filed with the Office of Planning and Research. A form for this notice is provided in Appendix E. A list of all such notices shall be posted on a weekly basis at the Office of Planning and Research, 1400 Tenth Street, Sacramento, California. The list shall remain posted for at least 30 days. The Office of Planning and Research shall retain each notice for not less than 12 months.
(2) When a local agency files this notice, the notice of exemption shall be filed with the county clerk of each county in which the project will be located. Copies of all such notices will be available for public inspection and such notices shall be posted within 24 hours of receipt in the office of the county clerk. Each notice shall remain posted for a period of 30 days. Thereafter, the clerk shall return the notice to the local agency with a notation of the period it was posted. The local agency shall retain the notice for not less than 12 months.
(A) The notice filed by an applicant is filed in the same place as if it were filed by the agency granting the permit. If the permit was granted by a state agency, the notice is filed with the Office of Planning and Research. If the permit was granted by a local agency, the notice is filed with the county clerk of the county or counties in which the project will be located.
(B) The notice of exemption filed by an applicant shall contain the information required in subdivision (a) together with a certified document issued by the public agency stating that the agency has found the project to be exempt. The certified document may be a certified copy of an existing document or record of the public agency.
(e) When a local agency determines that a project is not subject to CEQA under sections 15193, 15194, or 15195, and it approves or determines to carry out that project, the local agency or person seeking project approval shall file a notice with OPR identifying the section under which the exemption is claimed.
Note: Authority cited: Section 21083 and 21108, Public Resources Code. Reference: Sections 21108, 21152 and 21152.1, Public Resources Code.
1. Amendment of subsections (b) and (c) filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment of subsections (a)(2), (c)(1), (c)(2), (c)(3)(A) and (c)(3)(C) filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
3. New subsection (c)(3) and subsection renumbering filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
4. New subsection (a)(2), subsection renumbering and amendment of subsections (c)(1)-(2) filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
5. Change without regulatory effect amending subsections (c)(1), (c)(2) and (c)(4)(A) and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
6. Amendment of subsection (a), new subsection (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).
7. Change without regulatory effect amending subsections (a)(2)-(4), adding subsection (a)(5), amending subsection (c)(1) and amending Note filed 12-9-2011 pursuant to section 100, title 1, California Code of Regulations; operative 1-1-2012 pursuant to AB 320, Hill (signed 10-10-2011, effective 1-1-2012) (Register 2011, No. 49).
8. New subsection (a)(6) and amendment of subsection (c)(1) filed 12-28-2018; operative 12-28-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 52).
9. Governor Newsom issued Executive Order N-54-20 (2019 CA EO 54-20), dated April 22, 2020, which suspended the public notice and access requirements for projects exempt from California Environmental Quality Act review, due to the COVID-19 pandemic.
10. Governor Newsom issued Executive Order N-80-20 (2019 CA EO 80-20), dated September 23, 2020, which extended certain provisions from Executive Order N-54-20, relating to the conditional suspension of certain California Environmental Quality Act review requirements, due to the COVID-19 pandemic.
This database is current through 1/20/23 Register 2023, No. 3.
Cal. Admin. Code tit. 14, § 15062, 14 CA ADC § 15062
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