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, Approve exemptions to further review under the California Environmental Quality Act (CEQA) pursuant to exceptions in sections 15061(b)(3) and 15378 of Chapter 3 of Title 14 of the California Code of Regulations (the CEQA Guidelines); 2. ]Qov3Ef^R%TAo*h x[QQ @s,a>P0h*]`eUc. _8>/euzZ.I1 rwL8HC#^. Projects which require specific actions necessary to prevent or mitigate an emergency, can qualify for an exemption under CEQA (CEQA Guidelines 15269). 15378 PROJECT "Project" means the whole of an action, which has a potential for resulting in either a direct physical change . The activity is not a project as defined in Section 15378 of the CEQA guidelines.(Cal. CEQA broadly defines "project" to include "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" (CEQA Guidelines, 15378). You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. Document the use of the common sense exemption on the CE/CE form. A finding that the project is exempt from CEQA, including documentation 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 . Authorize the General Manager to execute amendments to the Delta Conveyance Design and Construction Authority (DCA) Joint Powers Agreement; and 6. 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. 1280 0 obj <> endobj 8f ! 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). We have notified your account executive who will contact you shortly. CEQA Guidelines, 15378(b)(2). CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. 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 be carried out. gwhYlb.pWa*AKKP=g1L Current through Register 2022 Notice Reg. Step Two: Does CEQA Apply to This Activity? 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. The project site is environmentally sensitive as defined by the alter an historical resource when that resource represents an imminent Note: Authority cited: Section 21083, Public Resources Code. Code Regs., tit. formcan be used to describe the project and indicate that it is 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. Your alert tracking was successfully added. Typically, "project approval" means that the Project Report or equivalent is approved by the District Director or designee. None of the exceptions to the use of the common sense exemption as identified in State CEQA Guidelines 15300.2 exist with the recommended actions, Copyright physical change in the environment and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines). Public Resources Code section 21083 requires the Office of Planning and Research and the Natural Resources Agency to periodically update the CEQA Guidelines. 4 0 obj This document is not available on Westlaw. (b) A project is exempt from CEQA if: (1) The project is exempt by statute (see, e.g. When a local agency files this notice, the NOE must be filed with the (.U/ku3\s6v(X,d)xon9X+H(R9>R'j|f9Uusx^-=! XU; S=X;;2Aqf=%ybP(BP2v(u0: DAhz5 &t,&`HnU&8{WYZ\5qmE8t 521uO`QPk,{ 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 California Legislature has the power to create exemptions from Furthermore, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (Section 1506l(b)(3) of the State CEQA Guidelines). improvement program, or a congestion management program. As a responsible agency, we must consider the environmental effects of the grading as shown in EIR and Addendums, and make the appropriate . Christine Asiata Rodriguez, is the Manager of the State Clearinghouse (SCH) at the Governors Office of Planning and Research (OPR). office of the county clerk. 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 % operative 9-19-94 (Register 94, No. In order to help improve the reliability of its imported water supply, CVWD agreed to participate with the State Department of Water Resources (DWR) development of the Delta Conveyance Project in 2020. endstream endobj startxref ]=az|)=W@{~ Article 5. 40, October 7, 2022. by fire, flood, storm, earthquake, land subsidence, gradual earth Information on the regulations implementing the California Environmental Quality Act (CEQA). 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. 1334 0 obj <>stream of Historic Preservation pursuant to Section 5028 (b) of Public Resources 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 . CVWD proposes to continue funding to complete the last two years (CY 2023 and 2024) of the planning phase. Code of Regulations (Register 2005, No. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. The California Natural Resources Agency, with assistance from OPR, completed a comprehensive update to the CEQA Guidelines in late 2018. 1. of an historical resource. 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. 3. registrations and some building permits limited to determining proper Your content views addon has successfully been added. [RMM Counsel of record: Whitman F. Manley, Tiffany K. Importantly, the court . of passenger or commuter services on rail or highway rights-of-way approved, not to each government approval (State CEQA Guidelines Section 15378(c)). 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. 1. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) 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." 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. The Guidelines provide examples of projects undertaken directly by a public agency, such as "public works construction and . of a regional transportation improvement program, the state transportation 15378 - Project California Codes of Regulation| 15378 - 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 the environment, and that is any of the following: The local agency shall retain the notice for not less than 9 months. Tit. It is estimated that the contribution volume will be approximately 10,000 acre feet (af). 2j~xF@zBF}U}6hJ@z)pw^630\&)&)%! zhuCL`DP]49h]8~iPb'`A{ Iq?Z 7MVtVu0h0>|(L- {v RW]f8G?M_PWW`R%Jxf`n~)U#d`PANM2tsCnjfM%Sq~+n"S:?N`D&qSQsPTWksG}f>%lk1 `-x@,"D &H*zQYaK~O`^*&'D`ptlUm,ff,EkGY?[D5 O\.gDlbHz>1*BBA{- B]Z4+y4B .8[M+W"#0l?!|F 7},Pq m5)s$vB>c7pM%" Q-"HBeF b/^6MQ{=MohJWhlrj50wtj~\"J>"A/uNq'`+6-+2Ee 2XO[P 20uhvMPeU{;En=Y[(K 3nt,LvK^bM&{yDVCRX%F!JW 3!fHG'6y!RXs"`_GuV+F'W5GO,5i#@fQk.5/E[n%vm;WR@ ,VCj7Pb8jN'E{H Sj6c,tk: 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. 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. hbbd``b`oA $@Jz"2@ Please see the. The Guidelines define a "project" as the whole of an action, which has a potential for resulting in either a direct . 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. 1G@oi0Zl>:m|x%smD\Y!$7qJDmJo6xs7 x[Fv);'aJr_Rr%+}Po$r,v4 A%[S}O7s29/EeSnMo]Q}c~~o?>jTjMMM.&}u U^o_]T6*omv^WMtKVU]Jh 14, 15060 (c)). Demolition of a building or structure needs to also evaluate the future use of the site. 5. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. by clicking the Inbox on the top right hand corner. no personal judgment by the public official as to the wisdom or manner Guidelines for the Implementation of the California Environmental Quality Act . to maintain, repair, or restore an existing highway damaged by fire, 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). hb```?*JB ce`ax`ue Adding your team is easy in the "Manage Company Users" tab. 27 . Nor does CEQA apply to the actions of state courts, the state legislature, or the federal government. COUNTY OF VENTURA, ET AL. 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).) A project that is ordinarily insignificant and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 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. Related Posts. Code Regs. Will YIGBYs say 'Hallelujah!' in 2023? You can always see your envelopes 0 Accessing Verdicts requires a change to your plan. . 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 . except with respect to improvements required as mitigation for projects Approval of the 2022 Colorado River Water Conservation Agreement is not subject to CEQA for multiple reasons. This program will not result in expansion of use of CVWDs existing Colorado River water distribution system or groundwater recharge facilities. (CEQA Guideline 15378.) The project websites for permit applications that come before the CPUC include electric, gas, water and . Specific actions necessary to prevent or mitigate an emergency. Simi Valley Recreation and Park District v. Local Agency Formation Commission of ), Hon. 44). Substances Control and the Secretary of the Environmental Protection ), The Notice of Exemption states the City of Sacramento found the activity is exempt from CEQA review because the [a]ctivity is not a project as defined in Section 15378 [Section 15060(c)(3)]. (AR 1. Categorical Exemptions . 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 If you wish to keep the information in your envelope between pages, hbbd``b`3S`$ASh)Q'@*k;2 %\@(.2012```$ : The work funded by this action is limited to pre-construction costs, so there is no possibility of any potential impacts to the environment. 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). 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 . Upon completion of the review, the Project . 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 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. Section 15168 - Program EIR (a) General. 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). Next . Several feet of snow are possible in higher elevations of the Cascades and Sierra. (b) An activity undertaken by a person which is supported, in whole . of carrying out the project. The project may cause a substantial adverse change in the significance 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. . law to the facts as presented but uses no special discretion or judgment Promote inter-agency cooperation. (b) Choosing the precise time for CEQA . 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. 98. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. }pNV^)8hN_&NLv@l0 Specifically, CVWD has additionally agreed to: 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. 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. A "project" is an activity "which has a . Metropolitan's share of those costs, but do not commit Metropolitan to approving the DCP. Caltrans is the lead agency for its own projects. effect on the environment and are considered exempt from The Secretary of the California Resources Agency has determined that the projects in these classes . 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? To support this conclusion, the Court looked to the CEQA Guidelines' interpretation of what constitutes a "project" for purposes of CEQA. 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. 6. zoning. Please be advised that California Government Code Section 26857 states that "No fee shall be charged by the clerk for service rendered to any municipality or county in the state, or to the state or national government, nor for any service relating thereto. . guideway or busway public transit services; the development . %%EOF Your credits were successfully purchased. Chapter 3. Whereas CEQA Guidelines section 15378 (b)(4) further provides that: "A project does not include . Download . %PDF-1.6 % flood, storm, earthquake, land subsidence, gradual earth movement, 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. CEQA Guidelines, 15378(b)(4). Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. (Guidelines, 15378, subd. The actions are exempt under the "common sense" exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with . No. 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. of which type of exemption; statutory, categorical (state which class), or common sense. 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. The appropriate CE/CE formmust will be able to access it on trellis. but not limited to, trees, historic buildings, rock, outcroppings, 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). Accordingly, the proposed action qualifies for a Class 6 Categorical Exemption (Section 15306 of the State CEQA Guidelines). Planner. disaster stricken area in which a state of emergency has been proclaimed 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 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. ". State CEQA Guidelines section 15378. o. 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. to support its conclusions. 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. 15378(b)(2) of the State CEQA Guidelines). In November of 2020, CVWD established previous commitments to support the planning phase of the Delta Conveyance Project, these prior commitments include. " Project" in this section is as defined by Public Resources Code Section 21065 and CEQA Guidelines Section 15378. . 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). Not a project: State CEQA Guidelines 15378(a) and (b)(5). Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. Projects that the Legislature has determined should be exempted from 2023 State of California, Executed NOE - Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and CVWD. Be prepared, pack your patience, and if you must travel, go safely. endstream endobj startxref (CEQA Guidelines 15378(a), (c)-(d).) . Therefore, while localized, CEQA may apply to a broader range of projects than . Review for Exemption/Common Sense Exemption: State CEQA Guideline 15061(b)(3). 2. YES: No further CEQA analysis is required. 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). This approach ensures that CVWD has made a determination that it is possible to conserve Colorado River water in CY22 under an existing Reclamation program. 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. 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 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. 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