Guidelines and by the statutory authorization limiting such exemptions Document the use of the common sense exemption on the CE/CE form. Each notice shall remain posted for a 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. of the Streets and Highways Code section 180 et seq. See the definition of "approval" in Section 15352. Your credits were successfully purchased. (CEQA Guidelines 15126.2(c), see also Pub. Tit. CEQA. 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. The activity is not a project as defined in Section 15378 of the CEQA guidelines.(Cal. (Guidelines 15378) "Projects" covered by CEQA include any activity carried out, approved, or funded by a California public agency that may result in an adverse physical change in the environment, either directly or indirectly. P(6:2zlOO8AP$LaSbT0)ny@ZV23e6d/p&+J7Y6(\05&nU]>s`XY p k|LgA]@| CVWD is a member agency of the SWP contractors. 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). %PDF-1.6 % This program specified that participants would be reimbursed for verified savings. The Guidelines provide examples of projects undertaken directly by a public agency, such as "public works construction and . 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 . An addendum to the Mitigated Negative Declaration (State Clearinghouse No. Next . It is estimated that the contribution volume will be approximately 10,000 acre feet (af). 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. Accordingly, the proposed action qualifies for a Class 6 Categorical Exemption (Section 15306 of the State CEQA Guidelines). or when the project has received a determination by the State Office 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." Therefore, responsible agencies must participate early and actively in the lead agency's CEQA process to ensure its concerns are met. California Resources Agency (2002) 103 Cal.App.4th We have notified your account executive who will contact you shortly. Seismic work on highways and bridges pursuant to Section 180.2 Code section 21087 (Register 98, No. v. City of San Jose, et al. Legal Analysis Such decisions use a series of fixed standards Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) 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. Thus, even if the Lead Agency needs to grant more than one approval for a project, only one CEQA document should be prepared. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 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. Categorical Exemption: State CEQA Guidelines 15301. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. 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. For more information, please visit OPRs Accessibility Site. 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. 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. Guidelines for the Implementation of the California Environmental Quality Act . 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 ), Hon. Flash flooding may occur, especially near recent burn scars. "@8 e`"@,`4alE$`^)HOXuCi{ Wd`kid`` ]o>Qc@ZOgXJ@5(DY6iCu: RN 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). . though, because CEQA provides that "the discussion of mitigation measures shall distinguish between the measures which are proposed to be included in the project and other measures proposed by the lead, responsible or trustee agency if required as conditions of approving the project." [CEQA Guidelines 15126.4(a)(1)(A). Activity is exempt from the CEQA because it is not a project as defined in Section 15378. Your subscription has successfully been upgraded. to maintain, repair, or restore an existing highway damaged by fire, or subjective judgments in deciding whether or how the project should The basic data collection The actions are exempt under the "common sense" exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with . (See Picayune Rancheria, supra, 229 Cal.App.4th at p. Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. The CEQA Guidelines apply to public agencies throughout the state, including local governments, special districts, and State agencies. 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 . Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. 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). 6. Additionally, the Air District is working with the California Air . 27 . 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. facilities; a project for the institution or increase of passenger 2 Id. 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). (Register 2004, No. Description section of CEQA documents. An emergency is defined as "a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. 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). 2.2 What is a "Project" Under CEQA? 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. We will email you 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 threat to the public of bodily harm or of damage to adjacent property (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. 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 and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 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 have identified, pursuant to Government Code section 65962.5, as First, it is an activity that may cause a direct (or @H/Sbu 0 ! 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. hbbd``b`3S`$ASh)Q'@*k;2 %\@(.2012```$ : . 1334 0 obj <>stream California Environmental Quality Act (CEQA), Current Projects (Under Environmental Review or In Construction), Past Projects (Constructed, Denied, Withdrawn). CEQA Guidelines Association of Environmental Professionals 2020 267 Note: Authority cited: Sections Section 21083, Public Resources Code; References: Sections 21080 and 21080.32, Public Resources Code. of an historical resource. 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. or objective measurements, and do not involve the use of personal be carried out. 44). The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. endstream endobj startxref 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. 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 State CEQA Guidelines section 15378. o. Planner. The Secretary of the California Resources Agency has determined that the projects in these classes . Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; (CEQA Guidelines, 15378(b)(1), 15379.) creating the reasonable possibility of significant effects; The project may result in damage to scenic resources, including, can be made wholly or partially exempt, as determined by the Legislature. Resources Code, 2106 ; CEQA Guidelines, 15378.) (Guidelines, 15378, subd. endstream endobj startxref the project EIR considered the "whole of the action" under CEQA (CEQA Guidelines 15378[a]) since neither the RPU elements nor the SCE . in codes other than the Public Resources Code. (See CEQA Guidelines, 15357 [definition of "discretionary project"].) 3700X*{sFRj }],(M'SL7|;pEGIr P,=5],G{ 1. flood, storm, earthquake, land subsidence, gradual earth movement, The NOE serves as public notice that a project that is exempt from CEQA has been approved. A ministerial action is a governmental decision involving little or The Guidelines define a "project" as the whole of an action, which has a potential for resulting in either a direct . Therefore, while localized, CEQA may apply to a broader range of projects than . Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. Article 19 - Categorical Exemptions. A brief statement of reasons to support the finding. zoning. Send Print Report. or commuter service on high-occupancy vehicle lanes already in use, section 100, title 1, California Code of Regulations (Register 2003, No. Below are resources for permit applicants and public parties interested in participating in CPUC's environmental review and/or the CPUC's economic and need assessment for a particular project. ), Activities which are not projects as defined by section 15378 are not subject to CEQA review. For more information, please visit OPRs Accessibility Site. 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 5. Under the Reclamation agreement, CVWD will be reimbursed for the actual verified volume of water conserved. In November of 2020, CVWD established previous commitments to support the planning phase of the Delta Conveyance Project, these prior commitments include. 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). 33). 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? (CVWD). CEQA Guidelines 15378). Demolition of a building or structure needs to also evaluate the future use of the site. %%EOF 4. If the activity is not a "project," then CEQA does not apply. 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) 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). for the transfer of passengers from or to exclusive public mass transit The public official merely applies the To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 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. A responsible agency is any public agency other than Caltrans that has discretionary approval power over the project. Specifically, CVWD has additionally agreed to: 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. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . CCR 15378. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. seq. of carrying out the project. 24. This broad definition is intended to avoid so-called "piecemeal" environmental review . approved by a public agency to expand or widen a highway damaged The California Environmental Quality Act (CEQA) serves to: Disclose to the public the significant environmental effects of a proposed discretionary project, through the preparation of an initial study, negative declaration, mitigated negative declaration, or environmental impact report. 40, October 7, 2022. %%EOF Notes 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). [Citations. project's location. For more information on the specific proposal to update the CEQA Guideline addressing transportation analyses, visit Transportation Impacts (SB 743). 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 <. These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . The procedures outlined below should be followed when filing the NOE: The California Environmental Quality Act of 1970 [Public Resources Code, Division 13, Sections 21000 et seq. a "project" by CEQA (CEOA Guidelines 15378). You may also contact the OPR via email at [email protected] or via phone at (916) 445-0613. 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. 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. 5. Grant programs to support local, regional, and tribal climate adaptation and resilience. HARLAN, SUSAN C 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). 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. Ministerial actions, by definition, are not "projects" because Information on the regulations implementing the California Environmental Quality Act (CEQA). 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