when new changes related to " are available. A program EIR is an EIR which may be prepared on a series of actions that can be characterized as one large project and are related either: (1) Geographically, (2) As logical parts in the chain of contemplated actions, (3) In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program . 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 . 2. The NOE serves as public notice that a project that is exempt from CEQA has been approved. 44). [Citation.] Local agencies may find this guidance useful for CEQA compliance for transportation projects for which they are the CEQA lead agency. Discretionary or Ministerial . The list of exemption classes begins at Section 15301 in the CEQA Guidelines. Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act. hb```nA^A1A[ d4: Tit. YES: No further CEQA analysis is required. To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. 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: serves to: Inform decision-makers and the public about potential impacts to the environment. 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. . v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton Chapter 3. or landslide, provided that the project is within the existing Right-of-Way The overall activities involve CEQA analysis, environmental permitting, and design and engineering to support those pre-construction planning activities for the DCP. CEQA. be carried out. 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).) 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. The CEQA Guidelines, which are regulations adopted by the State Natural Resources Agency (Cal. For more information, please visit OPRs Accessibility Site. 2023 State of California, Executed NOE - Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and CVWD. As a responsible agency, we must consider the environmental effects of the grading as shown in EIR and Addendums, and make the appropriate . 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). have identified, pursuant to Government Code section 65962.5, as . %PDF-1.6 % Home - California Association of Environmental Professionals To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. CEQA compliance when the local jurisdiction is the lead agency. Code Regs., tit. the requirements of CEQA, and projects which fall under such exemptions Upon completion of the review, the Project . 2.2 What is a "Project" Under CEQA? Caltrans is the lead agency for its own projects. 2023 State of California. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. tit. being affected by hazardous wastes or clean-up problems; or. by fire, flood, storm, earthquake, land subsidence, gradual earth Will YIGBYs say 'Hallelujah!' in 2023? 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). %%EOF The proposed action of using conserved water from the proposed Conservation Agreement to assist in managing reservoir elevations is within the scope of analysis of actions that were previously analyzed in that EIS. 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. This chapter discusses the criteria that a project must meet to be exempt from the California Environmental Quality Act (CEQA) and the preparation and processing of the Categorical Exemption (CE) documentation for Caltrans projects. CEQA Guidelines, 15378(b)(4). 14, %PDF-1.3 Because our approval is limited to the grading of specific property, the grading is the "project" for which we must perform a CEQA review. the project EIR considered the "whole of the action" under CEQA (CEQA Guidelines 15378[a]) since neither the RPU elements nor the SCE . Please see the Emergency Projects and Environmental Compliance pagefor additional information. for which negative declarations or EIRs have been prepared; The project is located on a site that the Department of Toxic law to the facts as presented but uses no special discretion or judgment When the District/Region Senior Environmental Planner determines CEQA are found either in the statute itself or the CEQA Guidelines (Sections 15260-15285) and may be cross-referenced When (See Picayune Rancheria, supra, 229 Cal.App.4th at p. Planner. Demolition of a building or structure needs to also evaluate the future use of the site. be completed and shall include: The CE/CE form must be retained in the Project file along with any documentation Promote inter-agency cooperation. [RMM Counsel of record: Whitman F. Manley, Tiffany K. Importantly, the court . period of 30 days. 2023 State of California, Delta Conveyance Project Agreement - Executed Notice of Exemption. 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). {]jw16+a,'i physical change in the environment and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines). 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. State CEQA Guidelines section 15378. o. 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. in reaching a decision. Code. Article 19 - Categorical Exemptions. Such decisions use a series of fixed standards already in use, including modernization of existing stations and parking When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. 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 . 15378 PROJECT "Project" means the whole of an action, which has a potential for resulting in either a direct physical change . The filing of an NOE and the posting on the list of notices starts a 35-day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. 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? . To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. Send Print Report. Your recipients will receive an email with this envelope shortly and Projects which require specific actions necessary to prevent or mitigate an emergency, can qualify for an exemption under CEQA (CEQA Guidelines 15269). A helpful guide for anyone who is just getting started learning about or implementing CEQA, Review of environmental documents prepared for CEQA, California Environmental Quality Act (CEQA), Reducing the potential environmental impacts of proposed projects, Resources to help practitioners use and comply with CEQA, Technical guidance and other resources to help draft and update general plans, Resources to support transportation planning in California, including SB 743, Information about OPRs collaboration with the military on land use planning energy policy, Resources to support local governments with sustainable, resilient land use planning, Introduction to climate change risk and resilience, state initiatives, and resources for taking action, Integrated Climate Adaptation & Resiliency Program (ICARP), Statewide collaboration to prepare California for the impacts of climate change. The recommended actions do not authorize or commit the CVWD or DWR to expenditure of the funding on any site-specific project. 24. The recommended actions do not constitute project approval by CVWD of the DCP, nor do the actions authorize or approve construction of the DCP. 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. %PDF-1.5 % A "project" is an activity "which has a . The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . 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. zoning. 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 section 100, title 1, California Code of Regulations (Register 2003, No. If the activity is not a "project," then CEQA does not apply. Grant programs to support local, regional, and tribal climate adaptation and resilience. Section 15168 - Program EIR (a) General. Guidelines for the Implementation of the California Environmental Quality Act . We will email you endstream endobj startxref Copyright hbbd``b`oA $@Jz"2@ a "project" by CEQA (CEOA Guidelines 15378). 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. will be able to access it on trellis. effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to 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. of carrying out the project. If the activity is not a "project," then CEQA does not apply. flood, storm, earthquake, land subsidence, gradual earth movement, 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).) These classes are known as categorical exemptions. However, California Environmental Quality Act (CEQA), Current Projects (Under Environmental Review or In Construction), Past Projects (Constructed, Denied, Withdrawn). Code section 21087 (Register 98, No. (CVWD). underrun) and will benefit the River system. CEQA. The appropriate CE/CE formmust Not a project: State CEQA Guidelines 15378(a) and (b)(5). Categorical Exemptions . For more information on the various types of project approval documents, please refer to the Project Development Procedures Manual Chapter 12. 132 0 obj <>/Filter/FlateDecode/ID[<77DEEF012D5FF742BC0D017986EA08D2>]/Index[99 61]/Info 98 0 R/Length 142/Prev 202876/Root 100 0 R/Size 160/Type/XRef/W[1 3 1]>>stream and such notices shall be posted within 24 hours of receipt in the The project websites for permit applications that come before the CPUC include electric, gas, water and . Step Two: Does CEQA Apply to This Activity? 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. 1 CEQA Guidelines 15378(a). The actions are exempt under the "common sense" exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with . Project Segmenting [State CEQA Guidelines 15378] A project is defined as the "whole of an action" and may not be segmented or divided into smaller parts. 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. Authorize the General Manager to execute amendments to the Delta Conveyance Design and Construction Authority (DCA) Joint Powers Agreement; and ] (Davidon Homes v. City of San Jose (1997) 54 Cal.App.4th 106, 112. 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). You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. WHEREAS, the CEQA Guidelines section 15378 defines "Project" in part as "the whole of an action, which has a potential for resulting in either a direct or indirect physical change in the environment, or a reasonably foreseeable indirect change in the environment, and that is any 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). 27 . try clicking the minimize button instead. 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 endstream endobj 1281 0 obj <>/Metadata 47 0 R/Names 1304 0 R/PageLabels 1271 0 R/Pages 1273 0 R/StructTreeRoot 214 0 R/Type/Catalog/ViewerPreferences<>>> endobj 1282 0 obj <. Categorical Exemptions SECTIONS 15300 TO 15332 15300. The approval of this agenda . In a short published opinion filed September 13, 2019, the First District Court of Appeal (Div. 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. Thereafter, the clerk shall return the notice 40). to maintain, repair, or restore an existing highway damaged by fire, of the Streets and Highways Code section 180 et seq. The establishment of the temporary agreement will not result in adverse impacts to the environment in regards to the Coachella Valley Groundwater Basin, as no significant changes will be made to the existing agreements. Prevent or reduce environmental impacts. This definition ensures that the action reviewed under CEQA is not the approval itself but the development or other activities that will result from the approval. Your subscription has successfully been upgraded. Reference: Section 21065, Public Resources Code; Kaufman and Broad-South Bay, Inc. Thus, even if the Lead Agency needs to grant more than one approval for a project, only one CEQA document should be prepared. 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). . 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). CEQA Guidelines 15378). 2) Approve Amendment to the Class 8 Member Agencies Election Procedures for Delta Conveyance Authority Board of Directors (.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 adoption of a LHMP by a public agency would constitute a CEQA project if that adoption is a discretionary action that could directly or indirectly cause an adverse effect on the environment. (CEQA Guidelines 15126.2(c), see also Pub. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 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). . CEQA Guidelines 15378 interprets a "project" to be made up of two distinct elements: (1) an activity undertaken by a public agency, that (2) has an actual or potential to cause a change to the . Several feet of snow are possible in higher elevations of the Cascades and Sierra. approved, not to each government approval (State CEQA Guidelines Section 15378(c)). 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. 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? Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. @ opr.ca.gov or via phone at ( 916 ) 445-0613 format, please visit OPRs accessibility.! 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