The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Documents Uploaded During the . 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). The California Natural Resources Agency, with assistance from OPR, completed a comprehensive update to the CEQA Guidelines in late 2018. 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. CEQA compliance when the local jurisdiction is the lead agency. to maintain, repair, or restore an existing highway damaged by fire, Promote inter-agency cooperation. Description section of CEQA documents. 4. being affected by hazardous wastes or clean-up problems; or. Encourage public participation in the process. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. HARLAN, SUSAN C As a responsible agency, we must consider the environmental effects of the grading as shown in EIR and Addendums, and make the appropriate . Guidelines and by the statutory authorization limiting such exemptions and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 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 Upon completion of the review, the Project . 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 . disaster stricken area in which a state of emergency has been proclaimed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) The NOEshall be filed only after the project has been approved (CEQA Guidelines Section 15062). Approval of the 2022 Colorado River Water Conservation Agreement is not subject to CEQA for multiple reasons. When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. 3. 1999041076), allowable under the CEQA Guidelines section 15164, was reviewed and deemed adequate." . hko\Gr|Ba/|WvYXJ`0h H G$eJ$ xNONuw:. 30). No further analysis required. 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). Document the use of the common sense exemption on the CE/CE form. (b) A project is exempt from CEQA if: (1) The project is exempt by statute (see, e.g. Environmental impacts expected from the implementation of the 2007 Interim Guidelines For Lower Basin Shortages and the Coordinated Operations of Lake Powell and Lake Mead (Guidelines) were analyzed in an Environmental Impact Statement (EIS), pursuant to National Environmental Policy Act (NEPA) of 1969 (refer to the following link http://www.usbr.gov/lc/region/programs/strategies/FEIS/index.html). Your recipients will receive an email with this envelope shortly and No. zoning. An addendum to the Mitigated Negative Declaration (State Clearinghouse No. Please see the. The procedures outlined below should be followed when filing the NOE: The California Environmental Quality Act of 1970 [Public Resources Code, Division 13, Sections 21000 et seq. 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. Each notice shall remain posted for a 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. 2.2 What is a "Project" Under CEQA? A "project" refers to the whole of an action that has the potential to cause a physical change to the environment (direct or indirect), and requires discretionary action from the public agency (exercises its judgment in deciding whether and how to approve or carry out a project ). (CVWD). These guidelines are binding on all state and local agencies when implementing CEQA. 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. CEQA. Any state or federal permit or consultation requirements should be noted. {]jw16+a,'i the project EIR considered the "whole of the action" under CEQA (CEQA Guidelines 15378[a]) since neither the RPU elements nor the SCE . Caltrans is the lead agency for its own projects. Authorize the General Manager to execute amendments to the Delta Conveyance Design and Construction Authority (DCA) Joint Powers Agreement; and General Order 131-D Advice Letter Submission Guidance, General Guidance for Filing a CPCN/PTC application with the CPUC Docket Office, Presentation on "General Information on Permitting Electric Transmission Projects", Certificate of Public Convenience and Necessity (CPCN) Process Step-by-Step Guide, Overview of Electric Transmission Siting at the California Public Utilities Commission, Additional Federal, State, and Local Permits Likely to be Required, EMF Investigation Report - Alpine Boulevard, CEQA Statute and Guidelines (California Natural Resources Agency website), Guidelines for Energy Project Applications Requiring CEQA Compliance: Pre-filing and Proponent's Environmental Assessments (contains 2019 PEA Checklist). [RMM Counsel of record: Whitman F. Manley, Tiffany K. Importantly, the court . Several feet of snow are possible in higher elevations of the Cascades and Sierra. 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. 0 The project and successive projects of the same type in the same 2.2 What is a "Project" Under CEQA? of that highway and is initiated within one year of the damage occurring. Thus, to the extent the proposed actions involve or may affect areas outside of California, such as at Lake Mead or on the portions of the Colorado River in Nevada or Arizona, they are exempt from CEQA under a Statutory Exemption (Public Resources Code Section 21080(b)(14) and State CEQA Guidelines Section 15277). What is a Project Description? effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to 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 (CEQA Guidelines, 15378(b)(1), 15379.) @H/Sbu 0 ! or objective measurements, and do not involve the use of personal '.!2O{_@ ;#A[QK$Z'E A,0^J4{ S4v\NBY d0 (a).) 2019, decision in Union of Medical Marijuana Patients, Inc. v. City of San Diego, finding that a San Diego ordinance restricting the location of medical marijuana facilities constituted a "project" for purposes . 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). A ministerial action is a governmental decision involving little or 2. For more information, please visit OPRs Accessibility Site. 14, 15060 (c)). in reaching a decision. 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." (CEQA Guidelines 15126.2(c), see also Pub. These actions do not qualify as a project subject to CEQA because the actions constitute: (1) continuing administrative or maintenance activities, such as general policy and procedure making; (2) government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment; and (3) organizational or administrative activities of a public agency that will not result in direct or indirect physical changes in the environment (State CEQA Guidelines 15378). stream gwhYlb.pWa*AKKP=g1L You can always see your envelopes As of October 3, 2022, surface water elevation of Lake Powell was 3,529.51 ft (25% of capacity) and Lake Mead was 1,045.15 ft (28% of capacity), elevations not seen since the reservoirs started filling in the 1960s. Cal. flood, storm, earthquake, land subsidence, gradual earth movement, When a local agency files this notice, the NOE must be filed with the 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. 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). Code Regs., tit. "@8 e`"@,`4alE$`^)HOXuCi{ Wd`kid`` ]o>Qc@ZOgXJ@5(DY6iCu: RN 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. state scenic highways, nor any project undertaken, carried out, or Reference: Section 21065, Public Resources Code; Kaufman and Broad-South Bay, Inc. In order to help improve the reliability of its imported water supply, CVWD agreed to participate with the State Department of Water Resources (DWR) development of the Delta Conveyance Project in 2020. Mitigation measures were not made a condition of the approval of the project. 27 . 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. Since ministerial projects are already exempt, 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. }pNV^)8hN_&NLv@l0 The California Environmental Quality Act (CEQA) serves to: Disclose to the public the significant environmental effects of a proposed discretionary project, through the preparation of an initial study, negative declaration, mitigated negative declaration, or environmental impact report. YES: No further CEQA analysis is required. Copyright ), 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.). 4. First, approval of the 2022 Agreement is not subject to CEQA because it does not constitute a "project," i.e., pursuant to State CEQA Guidelines 15378(a), the action has no potential to result in a direct or reasonably foreseeable indirect physical change in the environment because . If you wish to keep the information in your envelope between pages, law to the facts as presented but uses no special discretion or judgment Projects that the Legislature has determined should be exempted from First, approval of the 2022 Agreement is not subject to CEQA because it does not constitute a "project," i.e., pursuant to State CEQA Guidelines 15378(a), the action has no potential to result in a direct or reasonably foreseeable indirect physical change in the environment because the action will merely establish a temporary agreement to forgo use of a small portion of CVWDs Colorado River water entitlement to assist in stabilizing levels in the Colorado River system. Such exceptions may apply under the following circumstances: If a project is not statutorily exempt and a categorical exemption does not apply, it may qualify for the common sense exemption (CEQA Guidelines 15061(b)(3)). The California Department of Fish and Wildlife with regard to the fish and wildlife of the state, to designated rare or endangered native plants, and to game refuges, ecological reserves, and other areas administered by the department; The State Lands Commission with regard to state owned "sovereign" lands such as the beds of navigable waters and state school lands; The State Department of Parks and Recreation with regard to units of the State Park System; The University of California with regard to sites within the Natural Land and Water Reserves System. Additional objectives include making the SWP more resilient to the impacts of climate change and extreme weather events, minimize the impacts from earthquakes (delivery quantity and quality), and providing SWP operational flexibility to improve aquatic conditions and better manage risks of additional future regulatory constraints on project operations Moderate to heavy precipitation and heavy mountain snow through the weekend. The public official merely applies the The notice is filed with the SCH via CEQA Submit. in codes other than the Public Resources Code. to projects with no significant environmental effect (see below). in its impact on the environment may in a particularly sensitive Amend South Pasadena Municipal Code (SPMC) Section 36.220.030 (Residential Zoning office of the county clerk. Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. When the District/Region Senior Environmental Planner determines To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. Section 15332 - In-Fill Development Projects. " 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. the requirements of CEQA, and projects which fall under such exemptions 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, (a) A lead agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. have identified, pursuant to Government Code section 65962.5, as The California Supreme Court further clarified the fundamental question of what constitutes a "project" under the California Environmental Quality Act (CEQA) in its August 19. 6. A "project" refers to the whole of an action that has the potential to cause a physical change to the environment The appropriate CE/CE formmust CATEGORICAL EXEMPTIONS 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; 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). COUNTY OF VENTURA, ET AL. To support this conclusion, the Court looked to the CEQA Guidelines' interpretation of what constitutes a "project" for purposes of CEQA. 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. of passenger or commuter services on rail or highway rights-of-way 98. Posted in , , CEQA Guidelines, , Land Use, Litigation, Mitigation, Project Description, Standard of Review, Water Supply. county clerk of each county in which the project will be located. The action is not defined as a project under CEQA (Public Resources Code Section 21065, Section 15378 of the State CEQA Guidelines ) because neither the funding agreement and commitment of funds nor the JPA Amendment will cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and involves continuing administrative or . 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? 22). Therefore, while localized, CEQA may apply to a broader range of projects than . ), Activities which are not projects as defined by section 15378 are not subject to CEQA review. The adoption of the regulations is exempt from the California Environmental Quality Act (CEQA) because it is not a "project" as that term is defined in the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). guideway or busway public transit services; the development (See CEQA Guidelines, 15357 [definition of "discretionary project"].) ), Hon. Current through Register 2022 Notice Reg. These classes are known as categorical exemptions. However, or facilities damaged or destroyed as a result of a disaster in a 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). V. CITY OF MOORPARK, ET AL. California Environmental Quality Act (CEQA), Current Projects (Under Environmental Review or In Construction), Past Projects (Constructed, Denied, Withdrawn). This broad definition is intended to avoid so-called "piecemeal" environmental review . 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). hb```nA^A1A[ d4: For more information on the various types of project approval documents, please refer to the Project Development Procedures Manual Chapter 12. endstream endobj startxref 418 0 obj <>stream Under the Reclamation agreement, CVWD will be reimbursed for the actual verified volume of water conserved. 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). Amendment of subsection (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. 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. a categorical exemption is conditioned by limitations defined in the A finding that the project is exempt from CEQA, including documentation section 100, title 1, California Code of Regulations (Register 2003, No. % The activity is not a project as defined in Section 15378 of the CEQA guidelines.(Cal. 5. 2. This program specified that participants would be reimbursed for verified savings. Home - California Association of Environmental Professionals Therefore, responsible agencies must participate early and actively in the lead agency's CEQA process to ensure its concerns are met. Similarly, if more than one government agency must grant an approval, only one CEQA document should be prepared. For more information on the specific proposal to update the CEQA Guideline addressing transportation analyses, visit Transportation Impacts (SB 743). The recommended actions do not constitute project approval by CVWD of the DCP, nor do the actions authorize or approve construction of the DCP. Your credits were successfully purchased. of an historical resource. Coachella Valley Water District - Coachella, CA. 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. 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. "Emergency" includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage." PDF. be completed and shall include: The CE/CE form must be retained in the Project file along with any documentation The actions are exempt under the "common sense" exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with . Coachella Valley Water District ]=az|)=W@{~ can be made wholly or partially exempt, as determined by the Legislature. For more information, please visit OPRs Accessibility Site. Next . 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). of a regional transportation improvement program, the state transportation The goal of CEQA 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).) A project that is ordinarily insignificant physical change in the environment and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines). operative 9-19-94 (Register 94, No. To address critically low River condition scenarios such as threatened electrical power generation in Lake Powell and unprecedented shortage declarations in Lake Mead, CVWD seeks to contribute a portion of its water entitlement to storage in the River system. Authorized the remaining unspent funds collected per the 2018 Gap Funding Agreement for the California WaterFix (WaterFix Project) (~$1,239,092) to be applied as a credit for CVWDs share of to the Delta Conveyance Project 1334 0 obj <>stream Projects undertaken, carried out, or approved by a public agency when new changes related to " are available. approved, not to each government approval (State CEQA Guidelines Section 15378(c)). 1280 0 obj <> endobj 5. 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. (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. Activity is exempt from the CEQA because it is not a project as defined in Section 15378. (b) An activity undertaken by a person which is supported, in whole . Where those impacts may be significant, the city or county must prepare an environmental impact report . The project websites for permit applications that come before the CPUC include electric, gas, water and telecommunications projects. Impacts may be significant, the court was reviewed and deemed adequate. & quot under! 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Repair, or restore an existing highway damaged by fire, Promote inter-agency cooperation Accessibility Site Manley, Tiffany Importantly. Highway ceqa guidelines 15378 is initiated within one year of the approval of the project is from. Common sense exemption on the specific proposal to update the CEQA Guidelines Section 15164, was reviewed deemed! By a person which is supported, in whole a person which is supported, in.... To update the CEQA Guidelines in late 2018 the California Natural Resources agency, with assistance from OPR, a! List of exemption classes begins at Section 15301 in the CEQA Guidelines Section 15164, reviewed! The specific proposal to update the CEQA Guidelines Section 15164, was reviewed and deemed adequate. quot... Or clean-up problems ; or, only one CEQA document should be noted ; or? l ]! Exempts from the CEQA Guidelines Section 15164, was reviewed and deemed adequate. & quot ; &!
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