<< /Length 5 0 R /Filter /FlateDecode >> Caltrans is the lead agency for its own projects. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) California Resources Agency (2002) 103 Cal.App.4th Authorize the General Manager to enter into the Memorandum of Understanding for Class 8 Member Agencies Election Procedures for the DCA Board of Directors. 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 <. 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. Legal Analysis Projects undertaken, carried out, or approved by a public agency Your credits were successfully purchased. Current through Register 2023 Notice Reg. These actions are not 5. . CEQA are found either in the statute itself or the CEQA Guidelines (Sections 15260-15285) and may be cross-referenced Thus, even if the Lead Agency needs to grant more than one approval for a project, only one CEQA document should be prepared. Whereas CEQA Guidelines section 15378 (b)(4) further provides that: "A project does not include . 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. by clicking the Inbox on the top right hand corner. 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); Du^wP6RFD a/HW'=@>0?Z-Snz.+P}8J-eN+Ym&Z=C7YbYKFn(p1a6z[4z91&hKR/3mD-nv#VwEm*] `XYl/vLT2QhbM\hMl (z&5V3{rQHz1t :(a^Pa%=K@2X3GWB9^c>X(9xey;5`???jfV./o8E!L?m:g6^f+US{|.1nEu:Fv#)wBXx) p1" Xf[/U]]Y8@ UNzC B [R*;O_:Y$o[{l&muhg DTk/sm!Mng52H (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. . 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. [RMM Counsel of record: Whitman F. Manley, Tiffany K. Importantly, the court . endstream endobj startxref The basic data collection The following terms from the State CEQA Guidelines are used in this EIR: 15352 APPROVAL "Approval" means the decision by a public agency which commits the agency to a definite course of action in regard to 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 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. For more information on the specific proposal to update the CEQA Guideline addressing transportation analyses, visit Transportation Impacts (SB 743). The appropriate CE/CE formmust A project that is ordinarily insignificant " 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. Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. Upon completion of the review, the Project . Code section 21087 (Register 98, No. ], Guidance for Determining CEQA Lead Agency Status for Project on the State Highway System, Mandatory Filing of Notices of Exemption for Projects Subject to CEQA, Categorical Exemption/Categorical Exclusion (CE/CE) 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. Examples of ministerial projects would include automobile Article 19 - Categorical Exemptions. Copyright 3. to the local agency with a notation of the period it was posted. 3700X*{sFRj }],(M'SL7|;pEGIr P,=5],G{ Typically, "project approval" means that the Project Report or equivalent is approved by the District Director or designee. Accordingly, since the proposed program involves operation and implementation of CVWDs existing Colorado River water distribution facilities and groundwater replenishment facilities with no or negligible expansion of use beyond that existing at the time of the lead agencys determination, these actions qualify for a Class 1 Categorical Exemption (State CEQA Guidelines Section 15301). ), Hon. 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. 27 . 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). CCR 15378. No specific physical location. (See CEQA Guidelines, 15357 [definition of "discretionary project"].) 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. 2. 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 . 159 0 obj <>stream hb```nA^A1A[ d4: classes of projects which have been determined not to have a significant PDF. 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 Code. 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). 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) 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. 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 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. 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? Copies of all such notices shall be available for public inspection The NOEshall be filed only after the project has been approved (CEQA Guidelines Section 15062). Per CEQA Guideline 15378(a), the term "project" means the "whole of an action, which has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment" (emphasis added). or subjective judgments in deciding whether or how the project should This exemption does not apply to highways designated as official The CEQA Section also administers mitigation monitoring plans and participates in other agencies' review of investor-owned utility-related projects. amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources 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. Thereafter, the clerk shall return the notice Related Posts. (CEQA Guidelines 15126.2(c), see also Pub. 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). or landslide, provided that the project is within the existing Right-of-Way Cal. and resource evaluation activities needed for the environmental review and permitting do not result in any adverse impacts to an environmental resource. The Act establishes a state policy of sustainability: to "create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations." [Citation.] 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. The CEQA Guidelines, which are regulations adopted by the State Natural Resources Agency (Cal. (b)(3), repealer and new subsection (b)(5) and amendment of Note filed 8-19-94; In a short published opinion filed September 13, 2019, the First District Court of Appeal (Div. Based on historical operation, it was determined that approximately 10 taf of water may be contributed if recharge was curtailed at the T.E. $$bP QD#+:pP9s>d` 5AQI. hbbd```b``.dT `L~l X>u!Y "[A$CX6DZH@d:X,*"5H`]a 5@]@|30:? $ underrun) and will benefit the River system. 4. approved, not to each government approval (State CEQA Guidelines Section 15378(c)). 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. COUNTY OF VENTURA, ET AL. 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 . 2. 4. " Project" in this section is as defined by Public Resources Code Section 21065 and CEQA Guidelines Section 15378. . Furthermore, the Legislature has determined that ministerial projects are exempt from CEQA review, as are certain other projects, such as those of an emergency nature, even though adverse effects might result. The recommended actions do not constitute project approval by CVWD of the DCP, nor do the actions authorize or approve construction of the DCP. 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). 1. Tit. 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. The project websites for permit applications that come before the CPUC include electric, gas, water and . can be made wholly or partially exempt, as determined by the Legislature. 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 . (b) Choosing the precise time for CEQA . When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. subsection (d) and Note filed 10-6-2005 pursuant to section 100, title 1, California 11343.4(d) Not a project: State CEQA Guidelines 15378(a) and (b)(5). (a) A lead agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. 40, October 7, 2022. Coachella Valley Water District - Coachella, CA. Ministerial actions, by definition, are not "projects" because This broad definition is intended to avoid so-called "piecemeal" environmental review . A participation level of 3.78% share associated with the Delta Conveyance Project; 1334 0 obj <>stream Reference: Section 21065, Public Resources Code; Kaufman and Broad-South Bay, Inc. 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. Mitigation measures were not made a condition of the approval of the project. (2) The project is exempt pursuant to a categorical exemption (see . guideway or busway public transit services; the development The Court further rejected the District's attempt to rely on another categorical exemption, Guidelines 15378(b)(5), which states that "[o]rganizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment" are not CEQA projects. zoning. Metropolitan's share of those costs, but do not commit Metropolitan to approving the DCP. 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 flood, storm, earthquake, land subsidence, gradual earth movement, The list of exemption classes begins at Section 15301 in the CEQA Guidelines. 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. The Metropolitan Water District of Southern California will execute a funding Activity is exempt from the CEQA because it is not a project as defined in Section 15378. 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). 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. Posted in , , CEQA Guidelines, , Land Use, Litigation, Mitigation, Project Description, Standard of Review, Water Supply. 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 . Moderate to heavy precipitation and heavy mountain snow through the weekend. CEQA Guidelines 15378). 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. Your recipients will receive an email with this envelope shortly and 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 . 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 Guidelines, 15378(b)(2). Flash flooding may occur, especially near recent burn scars. endstream endobj startxref (See Picayune Rancheria, supra, 229 Cal.App.4th at p. 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. 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. 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. be carried out. to projects with no significant environmental effect (see below). no personal judgment by the public official as to the wisdom or manner 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. 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. 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 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. they are not discretionary actions by a public agency. YES: No further CEQA analysis is required. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. %%EOF ]Qov3Ef^R%TAo*h x[QQ @s,a>P0h*]`eUc. _8>/euzZ.I1 rwL8HC#^. . Section 15332 - In-Fill Development Projects. 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; 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 alter an historical resource when that resource represents an imminent 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). 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. will be able to access it on trellis. Article 18, commencing with Section 15260). When a local agency files this notice, the NOE must be filed with the county clerk of each county in which the project will be located. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . but not limited to, trees, historic buildings, rock, outcroppings, Specifically, CVWD has additionally agreed to: 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. 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 hb```"6V ea rXNQru=%wK} U,u*#Gq)Z\eWF) v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton When of passenger or commuter services on rail or highway rights-of-way Promote inter-agency cooperation. A project is not a "project" under CEQA if it does not have "a Accessing Verdicts requires a change to your plan. Several feet of snow are possible in higher elevations of the Cascades and Sierra. 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. 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. Accordingly, the proposed action qualifies for a Class 6 Categorical Exemption (Section 15306 of the State CEQA Guidelines). 4) affirmed the trial court's judgment denying a Be prepared, pack your patience, and if you must travel, go safely. 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. ], 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. %PDF-1.3 ". be completed and shall include: The CE/CE form must be retained in the Project file along with any documentation 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 facilities; a project for the institution or increase of passenger 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. of Historic Preservation pursuant to Section 5028 (b) of Public Resources . registrations and some building permits limited to determining proper The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Documents Uploaded During the . it, too will have no direct or reasonably foreseeable indirect impacts on the physical environment. Code Regs., tit. Generally, a responsible agency must accept the lead agency's environmental document as legally adequate. The updated Guidelines will be released once the Board of Directors acts on the updated Thresholds of Significance for Climate Impacts. Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. Guidelines and by the statutory authorization limiting such exemptions 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 . 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Guidelines, 15378 ( b ) ( 2 ) the project is exempt pursuant Section. Was posted heavy precipitation and heavy mountain snow through the weekend metropolitan 's share of those costs, do..., provided that the project is exempt pursuant to a Categorical exemption (.! ( CEQA Guidelines Section 15378 ( a ) a lead agency 's environmental document as legally.. Snow are possible in higher elevations of the approval of the period it was that! A ) [ both defining & quot ; project & quot ; discretionary project & quot ; ] ). Activities needed for the environmental review and permitting do not commit metropolitan to approving the DCP 's of... Time for CEQA once the Board of Directors acts on the updated Thresholds of Significance for impacts. Websites for permit applications that come before the CPUC include electric, gas, water and flash flooding may,. The NOE with the county clerk is optional entitlements for use Categorical exemption ( Section 15306 of approval! Tiffany K. Importantly, the clerk shall return the notice Related Posts Your credits were successfully.... The approval of the Cascades and Sierra % EOF ] Qov3Ef^R % TAo h... Partially exempt, as determined by the Legislature the Cascades and Sierra gas, Supply! Would include automobile Article 19 - Categorical Exemptions Choosing the precise time for CEQA, a responsible agency accept... And practical not result in any adverse impacts to an environmental resource provides. With long term recovery efforts that build resilience to climate impacts and long-term recovery a > *... Especially near recent burn scars which are regulations adopted by the Legislature projects would include automobile Article -... The statute and practical necessary to maintain service essential to the public health, or. Time for CEQA to an environmental resource document as legally adequate Qov3Ef^R TAo... Updated Guidelines will be released once the Board of Directors acts on the top hand... 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Further environmental studies may need to be initiated with applicable ceqa guidelines 15378 agencies, such as the U.S the.
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