California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 19 - Categorical Exemptions › Section 15300.2 - Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Location.
				  Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project
				  is to be located--a project that is ordinarily insignificant in its impact on
				  the environment may in a particularly sensitive environment be significant.
				  Therefore, these classes are considered to apply in all instances, except where
				  the project may impact on an environmental resource of hazardous or critical
				  concern where designated, precisely mapped, and officially adopted pursuant to
				  law by federal, state, or local agencies.
(b) Cumulative Impact. All exemptions for
				  these classes are inapplicable when the cumulative impact of successive
				  projects of the same type in the same place, over time is
				  significant.
(c) Significant
				  Effect. A categorical exemption shall not be used for an activity where there
				  is a reasonable possibility that the activity will have a significant effect on
				  the environment due to unusual circumstances.
(d) Scenic Highways. A categorical exemption
				  shall not be used for a project which may result in damage to scenic resources,
				  including but not limited to, trees, historic buildings, rock outcroppings, or
				  similar resources, within a highway officially designated as a state scenic
				  highway. This does not apply to improvements which are required as mitigation
				  by an adopted negative declaration or certified EIR.
(e) Hazardous Waste Sites. A categorical
				  exemption shall not be used for a project located on a site which is included
				  on any list compiled pursuant to Section
				  65962.5 of
				  the Government Code.
(f) Historical
				  Resources. A categorical exemption shall not be used for a project which may
				  cause a substantial adverse change in the significance of a historical
				  resource.
1. Amendment
					 of subsection (b), new subsections (d)-(f) and amendment of NOTE filed
					 10-26-98; operative 10-26-98 pursuant to Public Resources Code section
					 21087
					 (Register 98, No. 44).
2. Change without regulatory effect amending
					 NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21084
						and
						21084.1,
						Public Resources Code; Wildlife Alive v. Chickering (1977) 18 Cal.3d190; League
						for Protection of Oakland's Architectural and Historic Resources v. City of
						Oakland (1997) 52 Cal.App.4th 896; Citizens for Responsible Development in West
						Hollywood v. City of West Hollywood (1995) 39 Cal.App.4th 925; City of Pasadena
						v. State of California (1993) 14 Cal.App.4th 810; Association for the
						Protection etc. Values v. City of Ukiah (1991) 2 Cal.App.4th 720; and Baird v.
						County of Contra Costa (1995) 32 Cal.App.4th
						1464.