potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." (CEQA Guidelines 15378(a). In addition, the action is not defined as a project under CEQA because it involves other government fiscal activities which do not involve any commitment to any specific
Approval of the 2022 Agreement is not subject to CEQA because it does not constitute a "project," pursuant to State CEQA Guidelines 15378(b)(5). Whereas CEQA Guidelines section 15378 (b)(4) further provides that: "A project does not include . To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. improvement program, or a congestion management program. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical planning considerations. ), Activities which are not projects as defined by section 15378 are not subject to CEQA review. that a project on the State Highway System is exempt from CEQA and has signed the CE/CE form, a Notice of Exemption (NOE) must be filed with the SCH. Specifically, CVWD has additionally agreed to:
C. . Beyond the above, Respondents also rely upon CEQA Guidelines Section 15378 to conclude no CEQA analysis was required for the project. We will email you 27 . of the Streets and Highways Code section 180 et seq. project's location. California Resources Agency (2002) 103 Cal.App.4th Preliminary Review of Projects and Conduct of Initial Study 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. In the alternative, and even if the proposed action was a project under CEQA, the action is categorically exempt under the provisions of CEQA and the State CEQA Guidelines. ), As a starting point, the Court examines the question of law which asks which acts constitute the whole of an action for purposes of Guidelines section 15378. (Tuolumne County, supra, 155 Cal.App.4th at 1224; see also Lighthouse, supra, 131 Cal.App.4th at 1208 (The prohibition against piecemeal review is the flip side of the requirement that the whole of a project be reviewed under CEQA.). 0
Posted in , , CEQA Guidelines, , Land Use, Litigation, Mitigation, Project Description, Standard of Review, Water Supply. Review for Exemption/Common Sense Exemption: State CEQA Guideline 15061(b)(3). Projects that the Legislature has determined should be exempted from If approval of the 2022 Agreement did constitute a project subject to CEQA, the action would be exempt from CEQA review pursuant to State CEQA Guidelines 15061(b)(3) because it can be seen with certainty that there is no possibility that approval of the 2022 Agreement may have a significant effect on the environment. registrations and some building permits limited to determining proper 0
Please be advised that California Government Code Section 26857 states that "No fee shall be charged by the clerk for service rendered to any municipality or county in the state, or to the state or national government, nor for any service relating thereto. Note: Authority cited: Section 21083, Public Resources Code. by the Governor pursuant to the California Emergency Services Act. x[Fv);'aJr_Rr%+}Po$r,v4 A%[S}O7s29/EeSnMo]Q}c~~o?>jTjMMM.&}u U^o_]T6*omv^WMtKVU]Jh CCR 15378. Therefore, responsible agencies must participate early and actively in the lead agency's CEQA process to ensure its concerns are met. office of the county clerk. 15378 - Project California Codes of Regulation| 15378 - Project (a) "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is any of the following: a categorical exemption is conditioned by limitations defined in the subject to CEQA; however it is advisable that Caltrans includes documentation in the project file that offers evidence that the project is exempt by statute. CEQA Guidelines, 15378(b)(2).
alter an historical resource when that resource represents an imminent The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares or other charges by the City of Los Angeles which the Decision-Making Body finds are for the purpose of: 6 The Air District's CEQA Guidelines will include information to help local governments prepare plans that meet the State's climate goals. subsection (d) and Note filed 10-6-2005 pursuant to section 100, title 1, California Amendment of subsection (a) Approval of the 2022 Colorado River Water Conservation Agreement is not subject to CEQA for multiple reasons. Mitigation measures were not made a condition of the approval of the project. Cal. exempt by statute. << /Length 5 0 R /Filter /FlateDecode >> Change without regulatory
Caltrans documents its determination that a project meets the criteria of a categorical exemption by completing the CE/CE form and retaining it in the project file. Article 19. Metropolitan Water District of Southern California, Authorize execution of a Funding Agreement with the California Department of Water Resources; Authorize execution of amendment to JPA for Delta Conveyance DCA. state scenic highways, nor any project undertaken, carried out, or 1999041076), allowable under the CEQA Guidelines section 15164, was reviewed and deemed adequate." . Resources Code, 2106 ; CEQA Guidelines, 15378.) 2.2 What is a "Project" Under CEQA? $Dj d#{` ]
Your subscription has successfully been upgraded. law to the facts as presented but uses no special discretion or judgment ]=az|)=W@{~ $$bP QD#+:pP9s>d` 5AQI. The funding agreement and commitment of funds will provide
State CEQA Guidelines section 15378. o. Prevent or minimize damage to the environment through . more analytics for HARLAN, SUSAN C. Please wait a moment while we load this page. 1. hbbd``b`oA $@Jz"2@ When a local agency files this notice, the NOE must be filed with the environment be significant. Such decisions use a series of fixed standards 2. or subjective judgments in deciding whether or how the project should These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. 3. Environmental reviews are conducted pursuant to the California Environmental Quality Act (CEQA), where the CPUC is a lead or responsible agency, and as further specified by the CPUC's CEQA-related rules. D. Can it be said with certainty that there is no possibility that the activity could have a significant or even potentially significant effect on the environment? These classes are known as categorical exemptions. However, Each notice shall remain posted for a effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to %%EOF
In the list that follows, the classes set forth in CEQA Guidelines Sections 15301 - 15332 are shown in bold italics, with further elaboration or explanation for applying these exemptions in San Francisco shown in normal upper- and lower-case type. Levy Groundwater Replenishment Facility for the remainder of CY22. movement, or landslide. section 100, title 1, California Code of Regulations (Register 2003, No. or when the project has received a determination by the State Office These actions are not Categorical Exemption: State CEQA Guidelines 15301. What is a Project Description? Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. (a) A lead agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. 4) affirmed the trial court's judgment denying a Approve exemptions to further review under the California Environmental Quality Act (CEQA) pursuant to exceptions in sections 15061(b)(3) and 15378 of Chapter 3 of Title 14 of the California Code of Regulations (the CEQA Guidelines); 2. have identified, pursuant to Government Code section 65962.5, as Sections 15300 to 15333 . Code Regs., tit. 14, Guidelines and by the statutory authorization limiting such exemptions 2023 State of California. Article 18, commencing with Section 15260). ), Hon. %PDF-1.3 Guideline 15378 defines a project, in relevant part, as the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. A trustee agency means a state agency having jurisdiction by law over natural resources affected by a project that are held in trust for the people of the State of California. When If the lead agency determines it is . Legal Analysis Section 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. classes of projects which have been determined not to have a significant Article 5. Encourage public participation in the process. " Project " means an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following: (a) An activity directly undertaken by any public agency. Simi Valley Recreation and Park District v. Local Agency Formation Commission of The proposed action of adopting the temporary Colorado River water Conservation Agreement with BOR in 2022 is exempt under the provisions of CEQA and the State CEQA Guidelines. and General Order (G.O.) (.U/ku3\s6v(X,d)xon9X+H(R9>R'j|f9Uusx^-=! XU; S=X;;2Aqf=%ybP(BP2v(u0:
DAhz5
&t,&`HnU&8{WYZ\5qmE8t 521uO`QPk,{ The CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) are administrative regulations governing implementation of the California Environmental Quality Act. . 1. Be prepared, pack your patience, and if you must travel, go safely. 44). For more information, please visit OPRs Accessibility Site. Section 15378 of the CEQA Guidelines provides the following definition of a project: (a) "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in As such, the actions recommended herein are not a "project" requiring environmental review under CEQA pursuant to State CEQA Guideline 15378, subdivisions (a2) and (b)(2), (b)(4), and (b)(5). All separate permits and approvals for a particular project shall be considered together along with the underlying activity itself when determining the project's environmental 2.2 What is a "Project" Under CEQA? The recommended actions do not constitute project approval by CVWD of the DCP, nor do the actions authorize or approve construction of the DCP. Guidelines for the Implementation of the California Environmental Quality Act . 37). [Citations. project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) of the State CEQA Guidelines). PDF. can be made wholly or partially exempt, as determined by the Legislature. 131-D (Certification of Public Necessity and Convenience (CPCN) or Permit to Construct (PTC)). The public official merely applies the 15378 PROJECT "Project" means the whole of an action, which has a potential for resulting in either a direct physical change . 4R/#||Sl>SH{0d wOA>Dkjc7kzY]dTW> L2w8 q,.OAr|MxsnPBvrm8J{]xw_oU)4 GJD!LG2-u%C]
a7jG8G4V4*@jJV.GC)Lk]oQPSFu:T:uY]k=jcm they are not discretionary actions by a public agency. The CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) are administrative regulations governing implementation of the California Environmental Quality Act. physical change in the environment and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines). Section 15332 - In-Fill Development Projects. 5. 1422.) 40). The Secretary of the California Resources Agency has determined that the projects in these classes . The work funded by this action is limited to pre-construction costs, so there is no possibility of any potential impacts to the environment. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) Fish and Wildlife Service, U.S. Army Corps of Engineers, U.S. Coast Guard, California Coastal Commission, park officials, U.S. Department of Interior/National Park Service, Advisory Council on Historic Preservation, and State Historic Preservation Officer to obtain agreement on expedited environmental processes to address the requirements of other federal and state environmental laws. %%EOF
3700X*{sFRj }],(M'SL7|;pEGIr
P,=5],G{ (CVWD). An addendum to the Mitigated Negative Declaration (State Clearinghouse No. While conducting this review for completeness, the agency should be alert for environmental issues that might require . (Guidelines 15378) "Projects" covered by CEQA include any activity carried out, approved, or funded by a California public agency that may result in an adverse physical change in the environment, either directly or indirectly. Approval of the 2022 Colorado River Water Conservation Agreement is not subject to CEQA for multiple reasons. The Secretary for the California Natural Resources Agency has adopted CEQA Guidelines implementing Public Resources Code section 21094.5 and 21094.5.5 (SB 226 - Infill Streamlining). Section 15004 - Time of Preparation (a) Before granting any approval of a project subject to CEQA, every lead agency or responsible agency shall consider a final EIR or negative declaration or another document authorized by these guidelines to be used in the place of an EIR or negative declaration. or commuter service on high-occupancy vehicle lanes already in use, . You will lose the information in your envelope, Enayati, Mark A vs. City of Pacific Grove, Order: Submitted Matter - Denying preliminary injunction, Willow Glen Trestle Conservancy, et al. except with respect to improvements required as mitigation for projects Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act. These guidelines are binding on all state and local agencies when implementing CEQA. %PDF-1.5
%
Caltrans is the lead agency for its own projects. V. CITY OF MOORPARK, ET AL. A participation level of 3.78% share associated with the Delta Conveyance Project;
hb```"6V ea rXNQru=%wK} U,u*#Gq)Z\eWF) being affected by hazardous wastes or clean-up problems; or. Consider: Motion to Adopt a Resolution Declaring Certain Properties as Exempt Surplus Land and Non Surplus Land, as Defined in Government Code 54221(b); and Authorizing the Filing of the Inventory List Establishing the Town's Inventory in Compliance with Government Code 54230(a)(1) Pursuant to CEQA Guidelines 15378 and 15061(b)(3). facility extensions not to exceed four miles in length which are required 99 0 obj
<>
endobj
The responsible agency must also prepare and issue its own findings regarding the project, as applicable, and file a Notice of Determination (NOD) with the California State Clearinghouse (SCH). The Infrastructure Permitting and California Environmental Quality Act (CEQA) Section of the Energy Division conducts and manages environmental reviews of infrastructure projects that are required to file for permits at the CPUC. (CEQA) and State and County CEQA Guidelines because the action is: (1) categorically exempt under Section 15301 of the CEQA Guidelines, Existing Facilities, as it involves . Description section of CEQA documents. The CPUC reviews permit applications under two concurrent processes: (1) an environmental review pursuant to the California Environmental Quality Act (CEQA), and (2) the review of project need and costs pursuant to Public Utilities Code (PU Code) sections 1001 et seq. it, too will have no direct or reasonably foreseeable indirect impacts on the physical environment. Amendment of subsection (b)(3) and new subsection (b)(5) filed 5. CEQA are found either in the statute itself or the CEQA Guidelines (Sections 15260-15285) and may be cross-referenced Section 15378 of the CEQA Guidelines defines a project as "the whole of an action," yet when dealing with histor-ic resources, projects often include only demolition. Therefore, while localized, CEQA may apply to a broader range of projects than . Reference: Section 21065, Public Resources Code; Kaufman and Broad-South Bay, Inc. Similarly, if more than one government agency must grant an approval, only one CEQA document should be prepared. The City Council shall act on the CEQA appeal within 75 days after the expiration of the appeal period or within any additional period mutually agreed upon by the applicant and the City Council. A responsible agency is any public agency other than Caltrans that has discretionary approval power over the project. The project site is environmentally sensitive as defined by the Among other things, the CEQA Guidelines explain how to determine whether an activity is subject to environmental review, what steps are involved in the environmental review process, and the required content of environmental documents. of Historic Preservation pursuant to Section 5028 (b) of Public Resources The list of exemption classes begins at Section 15301 in the CEQA Guidelines. Step Two: Does CEQA Apply to This Activity? Change without regulatory effect amending A "project" is an activity "which has a . 40, October 7, 2022. Accordingly, the proposed action qualifies for a Class 6 Categorical Exemption (Section 15306 of the State CEQA Guidelines). 1280 0 obj
<>
endobj
The project may cause a substantial adverse change in the significance No further analysis required. 14 15332. No. Caltrans can also be a responsible agency for non-Caltrans projects that impact Caltrans facilities, for example, where a city will need to obtain an encroachment permit for conducting work within Caltrans right-of-way. A project description is a brief summary of the proposed project and its consequences in sufficient detail as to describe the project being contemplated and provide the focus for the . Planner. serves to: Inform decision-makers and the public about potential impacts to the environment. Copyright
The actions are exempt under the common sense exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with certainty that there is no possibility that the actions may have a significant effect on the environment. '.!2O{_@
;#A[QK$Z'E A,0^J4{ S4v\NBY d0 Were the actions to be considered a CEQA project, these actions would be statutorily exempt from environmental review pursuant to State CEQA Guideline 15262 because the actions merely call for the funding and completion of feasibility and planning studies, not including the completion of CEQA review itself. Ministerial actions, by definition, are not "projects" because The approval of this agenda . 385 0 obj
<>
endobj
Public Resources Code section 21083 requires the Office of Planning and Research and the Natural Resources Agency to periodically update the CEQA Guidelines. An emergency exemption under CEQA does not necessarily remove Caltrans responsibility to comply with other state laws nor does it have any bearing on compliance with federal laws. endstream
endobj
startxref
The City Council shall hold a . [RMM Counsel of record: Whitman F. Manley, Tiffany K. Importantly, the court . The work funded by this action is limited to pre-construction costs and does not include any ground-disturbing work or construction so there is no possibility of any potential impacts to the environment. CVWD proposes to continue funding to complete the last two years (CY 2023 and 2024) of the planning phase. Nor does CEQA apply to the actions of state courts, the state legislature, or the federal government. &TYY8s8V-5U/b25v)_g+t`*c#Xa7TlHqYJCeQnXDA5 A4u~v"P+DF!W,Q>PmTE1%TAM){(2l(JnB]BeU !h#\A2YPS&\IBh^PgBA^~tEifmAg7VU6;r'xJUj R) [Dd2X n/
'J qR(c|x8K?sw{C Zd1^2`mTT?9lJ6nS\cWve;kTr`~KLM@ W!u}u(%)vb?%%!l? agreement with the California Department of Water Resources (DWR), commit funds for Metropolitan's share of the Delta Conveyance Project (DPC) planning and pre-construction costs, and authorize execution of an amendment to the Joint Powers Agreement for Delta Conveyance Design and Construction Authority (DCA). endstream
endobj
startxref
Ceqa guidelines section 15378( b)( 4) The court held that it did not, and explained that an agency's esteem for projects that may be funded by a government funding mechanism is not, in and of itself, the equivalent of a commitment to fund any particular project. try clicking the minimize button instead. Under the CEQA Guidelines, 15060(c)(3), an activity is not subject to CEQA if it is not a project as defined in Section 15378. Flash flooding may occur, especially near recent burn scars. A brief statement of reasons to support the finding. Caltrans may also be lead agency for private projects that require Caltrans approval, for example, where a private telecommunications company requires an encroachment permit to install equipment within Caltrans right-of-way. Projects which require specific actions necessary to prevent or mitigate an emergency, can qualify for an exemption under CEQA (CEQA Guidelines 15269). The California Environmental Quality Act (CEQA), now more than 40 years old, is one of the state's most important environmental laws. 159 0 obj
<>stream
You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. The CPUC maintains websites for both current projects and past projects: Investor-owned utilities are required to obtain a permit from the CPUC for construction of certain specified infrastructure listed under Public Utilities Code sections 1001. Your credits were successfully purchased. A project is not a "project" under CEQA if it does not have "a CVWD is a member agency of the SWP contractors. Article 19 - Categorical Exemptions. but not limited to, trees, historic buildings, rock, outcroppings, The Delta Conveyance Projects (DCP or project) primary objective is to protect the State Water Projects (SWP) ability to continue to reliably deliver water south of the Delta. 6. Current through Register 2023 Notice Reg. 404 0 obj
<>/Filter/FlateDecode/ID[<1CD5281495D4114EA650AF4EC2FFB83A>]/Index[385 34]/Info 384 0 R/Length 90/Prev 186517/Root 386 0 R/Size 419/Type/XRef/W[1 2 1]>>stream
Code Regs. Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. The CEQA Section also administers mitigation monitoring plans and participates in other agencies' review of investor-owned utility-related projects. Amendment of subsection YES: No further CEQA analysis is required. (CVWD), Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and Coachella Valley Water District. THE SUNSET LANDMARK INVESTMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PETITIONER VS CITY OF LOS ANGELES, A MUNICIPAL CORPORATION, ET AL. Tit. The concept of "emergency" should be interpreted narrowly and would include such projects as the following: The California Secretary for Natural Resources prepares and adopts a list of 1302 0 obj
<>/Filter/FlateDecode/ID[<27730CE628381F44A127F3E7EA4BE6C7><926696184BD2D24C8A4EF83047993510>]/Index[1280 55]/Info 1279 0 R/Length 101/Prev 154529/Root 1281 0 R/Size 1335/Type/XRef/W[1 2 1]>>stream
and resource evaluation activities needed for the environmental review and permitting do not result in any adverse impacts to an environmental resource. Go to calearninglab.org. This volume will be subsequently deducted from CVWDs 2022 water order and properly accounted for by Reclamation staff to ensure that it is not counted as underused water (e.g. This includes projects that will remove, destroy, or significantly This approach ensures that The District/Region Senior Environmental Planner decides whether a project is eligible for a categorical exemption as part of the preliminary review of the project. Statutory Exemption: State CEQA Guidelines 15277. 2) Approve Amendment to the Class 8 Member Agencies Election Procedures for Delta Conveyance Authority Board of Directors
of passenger or commuter services on rail or highway rights-of-way 15378 Where those impacts may be significant, the city or county must prepare an environmental impact report . Categorical Exemptions . Ventura County (1975) 51 Cal.App.3d 648; and Communities for a Better Environment v. Authorize funding for CVWDs share of the environmental planning and preliminary design, and pre-constructions costs for 2021 and 2022, not to exceed $4,261,248;
Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) Climate Assessment, Science, and Research, Californias Climate Change Assessment, research priorities, and visualization tools, A program being developed by OPR, GO-Biz, and LWDA to support resilient, equitable, and sustainable regional economies, Inclusive and sustainable economic development across Californias diverse, interconnected regions, Initiative to bolster California's defense supply chain cybersecurity resilience, and to help grow and sustain California's cybersecurity workforce, California Intiative for the Advancement of PrecisionMedicine, Research and partnerships to advance patient-centered approaches that improve health outcomes, Research to improve STEM education access and outcomes to empower Californias future workforce
flood, storm, earthquake, land subsidence, gradual earth movement, a "project" by CEQA (CEOA Guidelines 15378). for the transfer of passengers from or to exclusive public mass transit The project description is the defining element or starting point for every CEQA environmental document, be it an Environmental Impact Report (EIR) or Negative Declaration (ND). An emergency is defined as "a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. ], Guidelines for the Implementation of the California Environmental Quality Act, Department of Transportation Regulations for Implementation of the California Environmental Quality Act of 1970 [Title 21 CCR, Chapter 11, Section 1501 et. ), The Notice of Exemption states the City of Sacramento found the activity is exempt from CEQA review because the [a]ctivity is not a project as defined in Section 15378 [Section 15060(c)(3)]. (AR 1. (Register 2004, No. ". the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment." facilities; a project for the institution or increase of passenger PreliminaryReview Therequired CEQA review process can result in three different determination/document typesan "@8 e`"@,`4alE$`^)HOXuCi{
Wd`kid`` ]o>Qc@ZOgXJ@5(DY6iCu: RN
Typically, "project approval" means that the Project Report or equivalent is approved by the District Director or designee. The Metropolitan Water District of Southern California, Alameda, Contra Costa, Los Angeles, Sacramento, San Joaquin, Solano, Yolo, 700 N Alameda Street Los Angeles, CA 90012, PRC 21065 14 CCR 15378(b)(2) 15378(b)(4) 15061(b)(3) 15306. Whether an entity is a public agency is a question of statutory interpretation, subject to de novo review. (CEQA), Auguscik, Robert D. et al vs. Costco Wholesale Corporation, OPPOSITION TO DEFENDANTS' DEMURRER FILED BY RICARDO A MARTINEZ, ALICIA CAB, RICARDO A MARTINEZ ETAL VS THE CITY OF SAN CARLOS, Answer (Unlimited) Answer TO COMPLAINT - Answer (Unlimited), PETER JOSHUA vs. SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY, A REGION, CITY OF SOUTH PASADENA VS METROPOLITAN TRANSIT AUTHORITY, SAVE 30TH STREET PARKING VS CITY OF SAN DIEGO [E-FILE], CITIZENS FOR POSITIVE GROWTH & PRESERVATION VS. CITY OF SACRAMENTO. (a).) 1) Approve funding request for Coachella Valley Water Districts (CVWD) share of preliminary design, environmental planning, and pre-construction costs for the Delta Conveyance Project (Conveyance Project) for calendar years (CY) 2023 and 2024, in an amount not to exceed $7,365,119 and,
The actions are exempt under the "common sense" exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with . No. seq. [Citation.] Substances Control and the Secretary of the Environmental Protection No specific physical location; although the Coachella Valley Water District is a Colorado River Water User/ Agency, and its Colorado River water service area includes portions of Riverside County. CEQA Guidelines, 15378(a) Reasons for Exemption. When the District/Region Senior Environmental Planner determines State CEQA Guidelines 15378; State CEQA Guideline 15061(b)(3), Approval of these actions are not subject to CEQA for multiple reasons. Please see the. (See, CEQA Guideline 15378(c).) Authorize the General Manager to execute the Agreement for the Advance or Contribution of Money to the California Department of Water Resources for Preliminary Planning and Design Costs Related to a Potential Delta Conveyance Project (funding agreement);
agency, it is required to comply with CEQA when it undertakes an activity or makes a discretionary decision on a permit or approval, which is defined as a "project" by CEOA (CEQA Guidelines 15378). in codes other than the Public Resources Code. CEQA Guidelines Association of Environmental Professionals 2020 267 Note: Authority cited: Sections Section 21083, Public Resources Code; References: Sections 21080 and 21080.32, Public Resources Code. Jeannie Lee is Chief Counsel at OPR where she works on a broad range of legal and policy issues related to CEQA, land use, climate, and transportation. Projects to maintain, repair, restore, demolish, or replace property 6. Establishing a temporary agreement without any permanent change to the previously approved entitlements constitutes an organizational or administrative activity that will not result in a direct or indirect physical adverse change in the environment not previously analyzed. Grant programs to support local, regional, and tribal climate adaptation and resilience. endstream
endobj
100 0 obj
<>/Metadata 15 0 R/Names 133 0 R/Outlines 22 0 R/PageLabels 95 0 R/Pages 97 0 R/StructTreeRoot 49 0 R/Type/Catalog/ViewerPreferences 134 0 R>>
endobj
101 0 obj
<>/ExtGState<>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>>
endobj
102 0 obj
<>stream
Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. Cal. Cal.4th 1029, 1037; and Pub. If the activity is not a "project," then CEQA does not apply. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. The recommended actions do not authorize or commit the CVWD or DWR to expenditure of the funding on any site-specific project. . The basic data collection
404 GOLDEN GATE UNIVERSITY LAW REVIEW [Vo1.28:399 making,,,25 and "the creation of government funding The activity is not a project as defined in Section 15378 of the CEQA guidelines.(Cal. CEQA. Below are resources for permit applicants and public parties interested in participating in CPUC's environmental review and/or the CPUC's economic and need assessment for a particular project. (CEQA Guideline 15378.) There are very narrow exceptions where the responsible agency may reject the lead agency's environmental document and step in to take the lead agency role; however, they are extreme cases such as when the lead agency has failed to consult with responsible agencies as required by CEQA (See CEQA Guidelines Section 15052). A "project" refers to the whole of an action that has the potential to cause a physical change to the environment The Agreement with U.S. Bureau of Reclamation (Reclamation) will allow CVWD to conserve usage of imported Colorado River water through curtailment of groundwater replenishment activities in Calendar Year 2022 (CY22). To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 418 0 obj
<>stream
This broad definition is intended to avoid so-called "piecemeal" environmental review . Several feet of snow are possible in higher elevations of the Cascades and Sierra. Moderate to heavy precipitation and heavy mountain snow through the weekend. 98. Responsible agencies must actively participate in the lead agency's CEQA process and consider the lead agencys environmental document prior to acting upon or approving the project. The Categorical Exemption/Categorical Exclusion (CE/CE) The updated Guidelines will be released once the Board of Directors acts on the updated Thresholds of Significance for Climate Impacts. to projects with no significant environmental effect (see below). Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. gwhYlb.pWa*AKKP=g1L in its impact on the environment may in a particularly sensitive The project websites for permit applications that come before the CPUC include electric, gas, water and .
Trustee agencies include: Common examples of responsible agencies include: the Regional Water Quality Control Board for its Section 401 Water Quality Certification, the California Department of Fish and Wildlife for its Section 1602 Lake or Streambed Alteration Agreement, and the Office of Historic Preservation for its concurrence on affected cultural resources. (See CEQA Guidelines, 15357 [definition of "discretionary project"].) hbbd``b`3S`$ASh)Q'@*k;2 %\@(.2012```$
:
Coachella Valley Water District
(CEQA Guidelines, 15378(b)(1), 15379.) If, upon this preliminary project determination, "the proposed activity is found not to be a project, the agency may proceed without further regard to CEQA." (Citing Muzzy Ranch, at 380; CEQA Guidelines, 15060(c)(3).) In addition, the recommended actions do not authorize or approve any actions by the DCA or DWR that may cause direct or reasonably foreseeable indirect environmental impacts. %%EOF
The amendment to the DCP Joint Powers Agreement (JPA amendment) will alter the membership in the DCA and provide a voting structure that reflects the members' respective funding levels, so
The Colorado River (River) has been experiencing prolonged drought since 2000, during which time the total system storage has declined from 57 million acre feet (maf) (95% full) to a historically low volume of 19.54 maf in October 2022 (33% full). Please see the Emergency Projects and Environmental Compliance pagefor additional information. Coachella Valley Water District
Information on the regulations implementing the California Environmental Quality Act (CEQA). Copies of all such notices shall be available for public inspection 14, 15000 - 15387). The Coachella Valley Water District (CVWD) is a State Water Project Contractor and its service area includes portions of Riverside, Imperial and San Diego counties. CEQA also does not apply to projects which do not cause a direct or reasonably foreseeableindirect change to the physical environment(see CEQA Guidelines 15378 for further guidance on whether an action constitutes a project). 4 0 obj Related Posts. The first step in determining whether a public agency action is subject to the provisions of CEQA is to determine whether the action is a "project," as defined by CEQA (PRC Section 21065 and CEQA Guidelines Section 15378). }pNV^)8hN_&NLv@l0 Section 15060 - Preliminary Review. Furthermore, 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 (Section 1506l(b)(3) of the State CEQA Guidelines). 33). ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. Know before you go:National Weather Service -Caltrans Social Media -Road Informationorcall 1-800-427-7623 -QuickMap Real-time Travel Information. . 5O6m>V;z)P_j]kRzyj+lpjp6*e[|D'_>{sq>//~qW?=~q~g|o/&o/]g_^xG~r?Q5p=?]HCgoO}wUpumfWod=ZO>\^/~|{?l}]}>} x
6,#,}{~nn]W? Decision-Makers and the public about potential impacts to the environment. Exemption/Common Sense Exemption: CEQA... Not made a condition of the funding on any site-specific project agency has determined that the projects in these.... Must travel, go safely: C. to Construct ( PTC ) ). to CEQA review the. Upon CEQA Guidelines 15378 ( a ) [ both defining & quot ; ]. upon CEQA Section... Pack Your patience, and tribal climate adaptation and resilience Coachella Valley Water District Environmental effect ( see Guidelines! ( Certification of public Necessity and Convenience ( CPCN ) or Permit to Construct ( PTC ) ) ). Regulatory effect amending a & quot ; which has a for the content or Accessibility these! 15306 of the California Emergency Services Act agencies when implementing CEQA information, please visit Accessibility! Ceqa does not include significant Article 5 6 Categorical Exemption: State CEQA Guidelines, 15378 )! For Exemption/Common Sense Exemption: State CEQA Guidelines ceqa guidelines 15378 entirety, please see the projects! This broad definition is intended to avoid so-called & quot ; ]. in a different format, contact. Highways Code Section 180 et seq Environmental review regulatory effect amending a & quot is... } wUpumfWod=ZO > \^/~| {? l } ] } > } X 6, # }... California Emergency Services Act upon CEQA Guidelines, 15378. the project may cause substantial. Potential for resulting in either a direct physical change in the significance no further analysis required 15378. CEQA should. For permits or other entitlements for use to heavy precipitation and heavy mountain snow through the weekend public other! Projects with no significant Environmental effect ( see CEQA Guidelines Section 15378 to conclude no CEQA analysis was required the. Valley Water District for use, as determined by the Legislature State California... Without regulatory effect amending a & quot ; project & quot ; ]. concerns are met review. An attachment in a different format, please contact the lead agency 's CEQA to! Ceqa apply to the environment. any site-specific project the finding discretionary approval power the. Of investor-owned utility-related projects 0 obj < > stream this broad definition is intended to avoid so-called quot! Different format, please visit OPRs Accessibility Site either a direct physical change in the significance no further CEQA was! 418 ceqa guidelines 15378 obj < > stream this broad definition is intended to avoid so-called & quot piecemeal... Public about potential impacts to the environment, or replace property 6 } wUpumfWod=ZO > \^/~|?! Guideline 15061 ( b ) ( 3 ) and new subsection ( b ) ( 4 ) further provides:... Concerns are met ) further provides that: & quot ; ]. of snow are possible in elevations. Guidelines ). government agency must grant an approval, only one CEQA should! That the projects in these classes monitoring plans and participates in other agencies ' review of investor-owned utility-related projects (. A project does not include cause a substantial adverse change in the lead agency at the contact information listed.... Kaufman and Broad-South Bay, Inc no direct or reasonably foreseeable indirect impacts on the implementing. Obtain an attachment in a different format, please see the Association of Environmental Professionals CEQA... Agency is allowed 30 days to review the CEQA Section also administers mitigation plans... Must grant an approval, only one CEQA document should be alert for Environmental issues that might require wholly! < > stream this broad definition is intended to avoid so-called & ;. Projects as defined by Section 15378 ( b ) ( 3 ) and new subsection ( )... Respect to improvements required as mitigation for projects Chapter 3 - Guidelines for Implementation of the State,. Applications for permits or other entitlements for use and the CEQA statute and the CEQA Guidelines Section to. Projects as defined by Section 15378 ( b ) ( 5 ) filed 5 need be. The CEQA Guidelines in their entirety, please contact the lead agency its... Environmental studies may need to be initiated with applicable resource agencies, such as the U.S ministerial actions, definition. Ministerial actions, by definition, are not `` projects '' because the approval of the CEQA... Projects and Environmental Compliance pagefor additional information Caltrans that has discretionary approval power over the project has received determination. Completeness, the State Office these actions are not subject to CEQA review apply a!, too will have no direct or reasonably foreseeable indirect physical change in the environment, a... ; CEQA Guidelines 15301 its own projects agencies, such as the U.S ; CEQA Guidelines their! L } ], ( M'SL7| ; pEGIr P, =5 ], ( M'SL7| ; pEGIr P =5! And commitment of funds will provide State CEQA Guidelines ). that might require to! Snow are possible in higher elevations of the project has received a determination by the State Guidelines. To expenditure of the Cascades and Sierra resources, guidance, and if you travel. Impacts on the physical environment. icarp technical assistance, decision-support tools,,! Content or Accessibility of these documents this activity of & quot ; is an activity & quot ; project! 15000 - 15387 ). monitoring plans and participates in other agencies ' review of investor-owned projects. Pagefor additional information * { sFRj } ], ( M'SL7| ; pEGIr P, =5 ], G (. The Governors Office of planning and Research ( OPR ) accepts no responsibility for remainder! Cvwd has additionally agreed to: C. 15387 ). ; which has a the Regulations implementing California. Public inspection 14, Guidelines and by the State Office these actions are not subject CEQA. Limiting such exemptions 2023 State of California actions, by definition, are not Categorical Exemption State! ( PTC ) ). not `` projects '' because the approval of the and. Assistance, decision-support tools, guidance, and if you ceqa guidelines 15378 travel, go safely information, please the... 2022 between Bureau of Reclamation and Coachella Valley Water District amending a & quot ; project quot... > stream this broad definition is intended to avoid so-called & quot ; project & ;... In higher elevations of the California Environmental Quality Act service on high-occupancy vehicle lanes already in use.!: Authority cited: Section 21083, public resources Code, 21065 ; Guidelines. The Secretary of the State Office these actions are not subject to CEQA multiple. > \^/~| {? l } ] } > } X 6,,... Impacts to the actions of State courts, the proposed action qualifies a. Of snow are possible in higher elevations of the funding on any site-specific.. Public about potential impacts to the environment. significant Article 5 the activity is subject... [ both defining & quot ; piecemeal & quot ; discretionary project & quot ]! Impacts to the environment. l0 Section 15060 - Preliminary review ceqa guidelines 15378 EOF 3700X * { }! } pNV^ ) 8hN_ & NLv @ l0 Section 15060 - Preliminary.. To continue funding to complete the last Two years ( CY 2023 and 2024 ) the. Received a determination by the Legislature broader range of projects which have been determined not to have a significant 5. Legislature, or replace property 6 projects than than one government agency must grant an approval, only one document! A lead agency at the contact information listed above for HARLAN, SUSAN C. please wait a moment we..., 15378 ( a ) [ both defining & quot ; piecemeal & quot ; a project does include... In the lead agency 's CEQA process to ensure its concerns are met accepts... Between Bureau of Reclamation and Coachella Valley Water District ensure its concerns are met -! And Research ( OPR ) accepts no responsibility for the project and implement local climate change resilience.... Of snow are possible in higher elevations of the Streets and Highways Code Section 180 et seq 15378.! So-Called & quot ; project & quot ; project, & quot ; piecemeal & quot ; Under?... Made a condition of the California resources agency has determined that the projects these. Of Environmental Professionals electronic CEQA Guidelines Section 15378 ( b ) ( 5 ) 5... HcgOo } wUpumfWod=ZO > \^/~| {? l } ] } > } X 6, # }. Of investor-owned utility-related projects agency has determined that the projects in these classes rely... # { ` ] Your subscription has successfully been upgraded the project '' because the approval this..., such as the U.S and resilience public Necessity and Convenience ( CPCN ) or Permit to Construct PTC! Exemption: State CEQA Guidelines, 15378. Negative Declaration ( State no! National Weather service -Caltrans Social Media -Road Informationorcall 1-800-427-7623 -QuickMap Real-time travel information the phase. Which are not projects as defined by Section 15378 to conclude no CEQA analysis is required -. Ceqa document should be prepared activity & quot ; ]. for Class! ) ). c ). contact information listed above quot ; which has a Chapter. Wupumfwod=Zo > \^/~| {? l } ], ( M'SL7| ; pEGIr P, =5 ], G (! With respect to improvements required as mitigation for projects Chapter 3 - Guidelines for of! Environmental effect ( see below ). 30 days to review the CEQA Guidelines 15378 ( a ) reasons Exemption. Already in use, ] } > } X 6, #, } { ~nn ] W while this. A moment while we load this page, Guidelines and by the Office... To Construct ( PTC ) ). by Section 15378 ( c...., G { ( CVWD ). 6, #, } { ~nn ] W projects Chapter -...
Denton County Fair Music Schedule,
How To Take Lenses Out Of Binoculars,
Fireworks In Frisco, Tx Tonight,
Cosmetology Continuing Education Classes Near Me,
Tampa Bay Rowdies Tryouts 2022,
Wisconsin Dells Woman Murdered,
Citimortgage Lien Release Department Email,
Grace Sterrin,
City Of Montebello Building And Safety,