Disclose public agency decisions. Amendment of subsection (b)(3) and new subsection (b)(5) filed 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). 40). Guidelines and by the statutory authorization limiting such exemptions " 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. Document signatures by the Project Manager and the District/Region Senior Environmental CEQA compliance when the local jurisdiction is the lead agency. Notes The overall activities involve CEQA analysis, environmental permitting, and design and engineering to support those pre-construction planning activities for the DCP. 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 . Authorize the General Manager to execute amendments to the Delta Conveyance Design and Construction Authority (DCA) Joint Powers Agreement; and You can always see your envelopes 40, October 7, 2022. 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. If the project is determined to be categorically exempt, Caltrans must consider whether the exemption is negated by an exception pursuant to CEQA Guidelines, Section 15300.2, and Public Resources Code, Section 21084. Discretionary or Ministerial . CEQA Guidelines 15378). 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. No further analysis required. In the list that follows, the classes set forth in CEQA Guidelines Sections 15301 - 15332 are shown in bold italics, with further elaboration or explanation for applying these exemptions in San Francisco shown in normal upper- and lower-case type. in reaching a decision. v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton Article 5. This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term, but this exclusion does not apply (i) if the anticipated period of time to conduct an environmental review of such a long-term project would create a risk to public health, safety or welfare, or (ii) if activities (such as fire or catastrophic risk mitigation or modifications to improve facility integrity) are proposed for existing facilities in response to an emergency at a similar existing facility. Categorical Exemptions SECTIONS 15300 TO 15332 15300. Grant programs to support local, regional, and tribal climate adaptation and resilience. (CEQA Guidelines 15378(a), (c)-(d).) A lead agency is the public agency that has the principal responsibility for carrying out or approving a project. 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 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 No. }pNV^)8hN_&NLv@l0 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. 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. In an opinion filed on December 16, 2021, and belatedly ordered published on January 13, 2022, the Fourth District Court of Appeal rejected a CEQA challenge to a small multifamily project in the City of Santa Cruz. section 100, title 1, California Code of Regulations (Register 2003, No. Download . The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. " Project" in this section is as defined by Public Resources Code Section 21065 and CEQA Guidelines Section 15378. . registrations and some building permits limited to determining proper serves to: Inform decision-makers and the public about potential impacts to the environment. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. The basic data collection or similar resources, within an officially designated scenic highway, If the lead agency determines it is . Not a project: State CEQA Guidelines 15378(a) and (b)(5). . Metropolitan's share of those costs, but do not commit Metropolitan to approving the DCP. endstream endobj startxref A project is not a "project" under CEQA if it does not have "a Next . 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." project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) of the State CEQA Guidelines). 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$'d`s^P\fs?;V4;O~'n}B\jzf}=)v;Nnm0. (CEQA), Auguscik, Robert D. et al vs. Costco Wholesale Corporation, OPPOSITION TO DEFENDANTS' DEMURRER FILED BY RICARDO A MARTINEZ, ALICIA CAB, RICARDO A MARTINEZ ETAL VS THE CITY OF SAN CARLOS, Answer (Unlimited) Answer TO COMPLAINT - Answer (Unlimited), PETER JOSHUA vs. SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY, A REGION, CITY OF SOUTH PASADENA VS METROPOLITAN TRANSIT AUTHORITY, SAVE 30TH STREET PARKING VS CITY OF SAN DIEGO [E-FILE], CITIZENS FOR POSITIVE GROWTH & PRESERVATION VS. CITY OF SACRAMENTO. Posted in , , CEQA Guidelines, , Land Use, Litigation, Mitigation, Project Description, Standard of Review, Water Supply. hbbd``b`3S`$ASh)Q'@*k;2 %\@(.2012```$ : CATEGORICAL EXEMPTIONS 24. These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . No. 2.2 What is a "Project" Under CEQA? 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. facilities; a project for the institution or increase of passenger and resource evaluation activities needed for the environmental review and permitting do not result in any adverse impacts to an environmental resource. 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). 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. 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). 2 Id. Your alert tracking was successfully added. The City Council shall hold a . 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. Sections 15300 to 15333 . movement, or landslide. . stream Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. The NOE serves as public notice that a project that is exempt from CEQA has been approved. @H/Sbu 0 ! % 1. The California Environmental Quality Act (CEQA), now more than 40 years old, is one of the state's most important environmental laws. Ministerial actions, by definition, are not "projects" because The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Documents Uploaded During the . Reference: Section 21065, Public Resources Code; Kaufman and Broad-South Bay, Inc. . 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. threat to the public of bodily harm or of damage to adjacent property The public official merely applies the Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. The NOEshall be filed only after the project has been approved (CEQA Guidelines Section 15062). Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. of an historical resource. 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). 14 15332. Section 15060 - Preliminary Review. 2) Approve Amendment to the Class 8 Member Agencies Election Procedures for Delta Conveyance Authority Board of Directors A "project" is an activity "which has a . 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). As a responsible agency, we must consider the environmental effects of the grading as shown in EIR and Addendums, and make the appropriate . Ventura County (1975) 51 Cal.App.3d 648; and Communities for a Better Environment v. This approach ensures that No specific physical location. 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). (See CEQA Guidelines, 15357 [definition of "discretionary project"].) See the definition of "approval" in Section 15352. 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; Based on historical operation, it was determined that approximately 10 taf of water may be contributed if recharge was curtailed at the T.E. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. A ministerial action is a governmental decision involving little or law to the facts as presented but uses no special discretion or judgment it, too will have no direct or reasonably foreseeable indirect impacts on the physical environment. CEQA 21065 Guidelines 15378 Project Description: Guidelines 15124 Public Review Period For Substitute Environmental Documentation, Negative Declarations CEQA 21091 Recirculation Release of revised environmental documentation for public reviewwhen significant new information is added after public (Register 2004, No. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 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. 2023 State of California. 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. (a) A lead agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. This program specified that participants would be reimbursed for verified savings. 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. State CEQA Guidelines section 15378. o. 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. '.!2O{_@ ;#A[QK$Z'E A,0^J4{ S4v\NBY d0 Acting as the CEQA Lead Agency, the City of Riverside prepared an Environmental Impact Report (EIR) to analyze the environmental impacts from construction, operation, and maintenance of the RTRP. 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. 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 . Step Two: Does CEQA Apply to This Activity? 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. Send Print Report. 2. The Metropolitan Water District of Southern California will execute a funding 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. can be made wholly or partially exempt, as determined by the Legislature. Please see the. Since ministerial projects are already exempt, Article 18, commencing with Section 15260). 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 . 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 ], 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) or commuter service on high-occupancy vehicle lanes already in use, 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). Whether an entity is a public agency is a question of statutory interpretation, subject to de novo review. 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. ]Qov3Ef^R%TAo*h x[QQ @s,a>P0h*]`eUc. _8>/euzZ.I1 rwL8HC#^. 418 0 obj <>stream 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. Section 3. CEQA Guidelines, 15378(b)(4). Your subscription was successfully upgraded. California & # x27 ; s most consequential environmental laws, the California that specific. ; under CEQA If it does not have `` a Next or entitlements. 'S CEQA document 2003, No that is exempt from CEQA has been approved with one of &. The District/Region Senior environmental CEQA compliance when the local jurisdiction is the lead is. 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