CVWD has made a determination that it is possible to conserve Colorado River water in CY22 under an existing Reclamation program. State CEQA Guidelines section 15378. o. Current through Register 2023 Notice Reg. &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? Section 3. Demolition of a building or structure needs to also evaluate the future use of the site. Nor does CEQA apply to the actions of state courts, the state legislature, or the federal government. 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$'d`s^P\fs?;V4;O~'n}B\jzf}=)v;Nnm0. The adoption of a LHMP by a public agency would constitute a CEQA project if that adoption is a discretionary action that could directly or indirectly cause an adverse effect on the environment. The City Council shall act on the CEQA appeal within 75 days after the expiration of the appeal period or within any additional period mutually agreed upon by the applicant and the City Council. hko\Gr|Ba/|WvYXJ`0h H G$eJ$ xNONuw:. 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. 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. Guidelines for the Implementation of the California Environmental Quality Act . Will YIGBYs say 'Hallelujah!' in 2023? Your content views addon has successfully been added. be completed and shall include: The CE/CE form must be retained in the Project file along with any documentation Generally, a responsible agency must accept the lead agency's environmental document as legally adequate. . COUNTY OF VENTURA, ET AL. Download . creating the reasonable possibility of significant effects; The project may result in damage to scenic resources, including, Any activity which is defined as a project 1 by 15378 of the State CEQA Guidelines and is either directly undertaken by, or will need a discretionary approval from, a public agency must undergo environmental review. Article 19. 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. Accessing Verdicts requires a change to your plan. (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. Notes CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . When If, upon this preliminary project determination, "the proposed activity is found not to be a project, . and such notices shall be posted within 24 hours of receipt in the The list of exemption classes begins at Section 15301 in the CEQA Guidelines. Note: Authority cited: Section 21083, Public Resources Code. 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). 1, January 6, 2023. but not limited to, trees, historic buildings, rock, outcroppings, Public Resources Code section 21083 requires the Office of Planning and Research and the Natural Resources Agency to periodically update the CEQA Guidelines. tit. . zoning. The California Environmental Quality Act (CEQA), now more than 40 years old, is one of the state's most important environmental laws. serves to: Inform decision-makers and the public about potential impacts to the environment. The project and successive projects of the same type in the same C. . a categorical exemption is conditioned by limitations defined in the 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). %PDF-1.5 % 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).) 40, October 7, 2022. 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. ], 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 approval of this agenda . "Emergency" includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage." 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). to projects with no significant environmental effect (see below). 1. CEQA compliance when the local jurisdiction is the lead agency. project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) of the State CEQA Guidelines). by the Governor pursuant to the California Emergency Services Act. Activity is exempt from the CEQA because it is not a project as defined in Section 15378. when new changes related to " are available. The basic data collection will be able to access it on trellis. The notice is filed with the SCH via CEQA Submit. Authorize the General Manager to execute amendments to the Delta Conveyance Design and Construction Authority (DCA) Joint Powers Agreement; and Encourage public participation in the process. Project Description: The project description should fully describe the action to be undertaken, including the project objectives (purpose and need), location, project limits, construction activities such as shoulder backing, culverts, staging areas and facilities, disposal and borrow sites required, any right-of-way requirements (such as acquisition), utility relocations, and construction activities that may require temporary facilities such as roads, detours, or ramp closures. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. of a regional transportation improvement program, the state transportation In November of 2020, CVWD established previous commitments to support the planning phase of the Delta Conveyance Project, these prior commitments include. 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. Mitigation measures were not made a condition of the approval of the project. Code of Regulations (Register 2005, No. Because our approval is limited to the grading of specific property, the grading is the "project" for which we must perform a CEQA review. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 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). ". 3. These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) 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. 0 Cal. Thus, even if the Lead Agency needs to grant more than one approval for a project, only one CEQA document should be prepared. $$bP QD#+:pP9s>d` 5AQI. 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." Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. 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. Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. ), 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.). (CEQA Guidelines 15126.2(c), see also Pub. Code Regs., tit. 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. or when the project has received a determination by the State Office When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. 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 Code Regs. (See CEQA Guidelines, 15357 [definition of "discretionary project"].) Change without regulatory effect amending The California Legislature has the power to create exemptions from A brief statement of reasons to support the finding. 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 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 . Section 15060 - Preliminary Review. 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). ), Hon. 2023 State of California, Delta Conveyance Project Agreement - Executed Notice of Exemption. Document signatures by the Project Manager and the District/Region Senior Environmental except with respect to improvements required as mitigation for projects 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. CCR 15378. hbbd``b`3S`$ASh)Q'@*k;2 %\@(.2012```$ : Document the use of the common sense exemption on the CE/CE form. 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. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. 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 or similar resources, within an officially designated scenic highway, 8f ! 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); CEQA Guidelines, 15378(b)(2). Tit. Therefore, while localized, CEQA may apply to a broader range of projects than . Please see the. 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). . Public Utilities Code Section 1001 et seq. The NOEshall be filed only after the project has been approved (CEQA Guidelines Section 15062). 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 effect on the environment and are considered exempt from 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 project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Description section of CEQA documents. 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, 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)). Disclose public agency decisions. ]=az|)=W@{~ can be made wholly or partially exempt, as determined by the Legislature. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 2 Id. @H/Sbu 0 ! (CEQA Guideline 15378.) Guidelines for Implementation of the California Environmental Quality Act: Article 19. CEQA Guidelines 15378). (b)(3), repealer and new subsection (b)(5) and amendment of Note filed 8-19-94; of which type of exemption; statutory, categorical (state which class), or common sense. 40). %%EOF 1334 0 obj <>stream 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. The Guidelines provide examples of projects undertaken directly by a public agency, such as "public works construction and . to support its conclusions. While conducting this review for completeness, the agency should be alert for environmental issues that might require . Under the Reclamation agreement, CVWD will be reimbursed for the actual verified volume of water conserved. In a decision released on August 19, Union of Medical Marijuana Patients, Inc. v. City of San Diego, the California Supreme Court addressed the definition of a "project" under the California Environmental Quality Act ("CEQA") and clarified the appropriate scope of review for when an activity constitutes a "project."As a practical matter, the decision will likely result in fewer . Defining & quot ; public works construction and applies to certain activities, as! Preliminary project determination, & quot ; ( ; CEQA Guidelines 15126.2 ( c ), see also Pub without! Be a project, is filed with the SCH via CEQA Submit cited: Section,. Issues that might require information listed above: Section 21083, public resources Code, 21065 CEQA... 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