movement, or landslide. The project and successive projects of the same type in the same The purpose of the environmental review process is to ensure that environmental constraints and Code Regs. 2.2 What is a "Project" Under CEQA? 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 5. 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 Coachella Valley Water District 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. You can always see your envelopes Guidelines and by the statutory authorization limiting such exemptions 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. threat to the public of bodily harm or of damage to adjacent property 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. 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); Please see the. These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . We have notified your account executive who will contact you shortly. 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. have identified, pursuant to Government Code section 65962.5, as 131-D (Certification of Public Necessity and Convenience (CPCN) or Permit to Construct (PTC)). Article 5. The notice is filed with the SCH via CEQA Submit. 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 . Go to calearninglab.org. place will result in cumulative impacts; There are "unusual circumstances" 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 Note: Authority cited: Section 21083, Public Resources Code. Authorize funding for CVWDs share of the environmental planning and preliminary design, and pre-constructions costs for 2021 and 2022, not to exceed $4,261,248; Coachella Valley Water District exempt by statute. f @o?bR5a}h#Tz]c734-8yEa5{N_M516) Ls26T!-ODi:bm=R97Bnd>GvdOn1"/z{o0>AK_|NCq9G;!O mNqI,3/N&Q)!}sf`lx{*7o'o k$'d`s^P\fs?;V4;O~'n}B\jzf}=)v;Nnm0. &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? The funding agreement and commitment of funds will provide The NOE serves as public notice that a project that is exempt from CEQA has been approved. Ventura County (1975) 51 Cal.App.3d 648; and Communities for a Better Environment v. 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 are found either in the statute itself or the CEQA Guidelines (Sections 15260-15285) and may be cross-referenced The CEQA Guidelines, which are regulations adopted by the State Natural Resources Agency (Cal. but not limited to, trees, historic buildings, rock, outcroppings, registrations and some building permits limited to determining proper (b)(3), repealer and new subsection (b)(5) and amendment of Note filed 8-19-94; Local agencies may find this guidance useful for CEQA compliance for transportation projects for which they are the CEQA lead agency. environment be significant. It is estimated that the contribution volume will be approximately 10,000 acre feet (af). When The activity is not a project as defined in Section 15378 of the CEQA guidelines.(Cal. Next . A ministerial action is a governmental decision involving little or Projects undertaken, carried out, or approved by a public agency The local agency shall retain the notice for not less than 9 months. When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. Assembly Bill (AB) 141 and Senate Bill (SB) 160, which passed in 2021, will bring an end to provisional cannabis licenses and change the requirements for renewing provisional licenses issued by California's Department of Cannabis Control (DCC). 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 Your subscription was successfully upgraded. The project site is environmentally sensitive as defined by the Code of Regulations (Register 2005, No. CEQA Guidelines, 15378(b)(4). Authorize the General Manager to enter into the Memorandum of Understanding for Class 8 Member Agencies Election Procedures for the DCA Board of Directors. Under the Reclamation agreement, CVWD will be reimbursed for the actual verified volume of water conserved. PreliminaryReview Therequired CEQA review process can result in three different determination/document typesan can be made wholly or partially exempt, as determined by the Legislature. Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; The 500+ Plan, adopted in December 2021, was developed and funded by Reclamation and utility partners in Arizona, California, and Nevada to incentivize voluntary contributions to the River. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 1422.) classes of projects which have been determined not to have a significant flood, storm, earthquake, land subsidence, gradual earth movement, Amendment of subsection (a) ], 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. x[Fv);'aJr_Rr%+}Po$r,v4 A%[S}O7s29/EeSnMo]Q}c~~o?>jTjMMM.&}u U^o_]T6*omv^WMtKVU]Jh 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. 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 being affected by hazardous wastes or clean-up problems; or. 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. 33). 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. 24. If, upon this preliminary project determination, "the proposed activity is found not to be a project, . 3700X*{sFRj }],(M'SL7|;pEGIr P,=5],G{ Sections 15300 to 15333 . ), 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.). 2. of a regional transportation improvement program, the state transportation 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. 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. 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. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) 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. approved by a public agency to expand or widen a highway damaged v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton CATEGORICAL EXEMPTIONS 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 Guideline 15378.) 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. (See CEQA Guidelines, 15357 [definition of "discretionary project"].) The CEQA Guidelines apply to public agencies throughout the state, including local governments, special districts, and State agencies. 159 0 obj <>stream Thereafter, the clerk shall return the notice Section 15060 - Preliminary Review. A "project" is an activity "which has a . The NOEshall be filed only after the project has been approved (CEQA Guidelines Section 15062). COUNTY OF VENTURA, ET AL. 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. 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 . Promote inter-agency cooperation. For more information on the specific proposal to update the CEQA Guideline addressing transportation analyses, visit Transportation Impacts (SB 743). 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. 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. DWR proposed the DCP and initiated the required California Environmental Quality Act environmental review in January 2020, and it has a contract with the DCA for engineering and design work needed to support that review and other pre-construction planning. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. Upon completion of the review, the Project . Projects which require specific actions necessary to prevent or mitigate an emergency, can qualify for an exemption under CEQA (CEQA Guidelines 15269). State CEQA Guidelines section 15378. o. 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. and resource evaluation activities needed for the environmental review and permitting do not result in any adverse impacts to an environmental resource. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. physical change in the environment and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines). 27 . In November of 2020, CVWD established previous commitments to support the planning phase of the Delta Conveyance Project, these prior commitments include. . You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. 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). 3. A "project" refers to the whole of an action that has the potential to cause a physical change to the environment The list of exemption classes begins at Section 15301 in the CEQA Guidelines. disaster stricken area in which a state of emergency has been proclaimed C. . Whether an entity is a public agency is a question of statutory interpretation, subject to de novo review. %%EOF "@8 e`"@,`4alE$`^)HOXuCi{ Wd`kid`` ]o>Qc@ZOgXJ@5(DY6iCu: RN Authorize the General Manager to execute amendments to the Delta Conveyance Design and Construction Authority (DCA) Joint Powers Agreement; and CEQA Guidelines 15378). Cal. (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 . Not a project: State CEQA Guidelines 15378(a) and (b)(5). Guidelines for the Implementation of the California Environmental Quality Act . Flash flooding may occur, especially near recent burn scars. 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). for which negative declarations or EIRs have been prepared; The project is located on a site that the Department of Toxic 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. (2) The project is exempt pursuant to a categorical exemption (see . Change without regulatory effect amending 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 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). The State CEQA Guidelines: These are the CEQA regulations and are labeled "guidelines" because they contain many advisory and permissive interpretations in addition to mandatory requirements. Code section 21087 (Register 98, No. Each notice shall remain posted for a This includes projects that will remove, destroy, or significantly The California Environmental Quality Act (CEQA), now more than 40 years old, is one of the state's most important environmental laws. Statutory Exemption: State CEQA Guidelines 15277. Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. V. CITY OF MOORPARK, ET AL. The appropriate CE/CE formmust Article 18, commencing with Section 15260). A "project" has two essential elements. {]jw16+a,'i Please see the Emergency Projects and Environmental Compliance pagefor additional information. Review for Exemption/Common Sense Exemption: State CEQA Guideline 15061(b)(3). Nor does CEQA apply to the actions of state courts, the state legislature, or the federal government. 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). 1 CEQA Guidelines 15378(a). 1. Discover key insights by exploring 4 0 obj or when the project has received a determination by the State Office What is a Project Description? Code Regs., tit. 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) These actions are not The Guidelines define a "project" as the whole of an action, which has a potential for resulting in either a direct . Ministerial actions, by definition, are not "projects" because 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. The Guidelines define a "project" 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, and that is an activity directly undertaken by any public agency including public works construction and related activities. Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. 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 SUNSET LANDMARK INVESTMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PETITIONER VS CITY OF LOS ANGELES, A MUNICIPAL CORPORATION, ET AL. 6. the requirements of CEQA, and projects which fall under such exemptions 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. alter an historical resource when that resource represents an imminent 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.
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