Section 3. 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). Authorize the General Manager to execute amendments to the Delta Conveyance Design and Construction Authority (DCA) Joint Powers Agreement; and Cal. Mitigation measures were not made a condition of the approval of the project. 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. (b)(3), repealer and new subsection (b)(5) and amendment of Note filed 8-19-94; . of carrying out the project. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) The basic data collection Code. hbbd``b`oA $@Jz"2@ The Categorical Exemption/Categorical Exclusion (CE/CE) hb```"6V ea rXNQru=%wK} U,u*#Gq)Z\eWF) Posted in , , CEQA Guidelines, , Land Use, Litigation, Mitigation, Project Description, Standard of Review, Water Supply. 1422.) 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 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. Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; Amendment of subsections (b)(1)-(5) and The adoption of the regulations is exempt from the California Environmental Quality Act (CEQA) because it is not a "project" as that term is defined in the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). Examples of ministerial projects would include automobile " Project" in this section is as defined by Public Resources Code Section 21065 and CEQA Guidelines Section 15378. . 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 . Not a project: State CEQA Guidelines 15378(a) and (b)(5). The project websites for permit applications that come before the CPUC include electric, gas, water and . except with respect to improvements required as mitigation for projects v. City of San Jose, et al. ]=az|)=W@{~ Whereas CEQA Guidelines section 15378 (b)(4) further provides that: "A project does not include . to the local agency with a notation of the period it was posted. Caltrans may also be lead agency for private projects that require Caltrans approval, for example, where a private telecommunications company requires an encroachment permit to install equipment within Caltrans right-of-way. Resources Code, 2106 ; CEQA Guidelines, 15378.) 0 Specifically, CVWD has additionally agreed to: Generally, a responsible agency must accept the lead agency's environmental document as legally adequate. Nor does CEQA apply to the actions of state courts, the state legislature, or the federal government. . law to the facts as presented but uses no special discretion or judgment Coachella Valley Water District - Coachella, CA. v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton 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. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. effect on the environment and are considered exempt from 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. serves to: Inform decision-makers and the public about potential impacts to the environment. (Guidelines, 15378, subd. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. [RMM Counsel of record: Whitman F. Manley, Tiffany K. Importantly, the court . Section 15332 - In-Fill Development Projects. 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) Article 18, commencing with Section 15260). You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. . more analytics for HARLAN, SUSAN C. Please wait a moment while we load this page. 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. The project websites for permit applications that come before the CPUC include electric, gas, water and telecommunications projects. 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 list of exemption classes begins at Section 15301 in the CEQA Guidelines. Discretionary or Ministerial . including the modernization of existing stations and parking facilities; Description section of CEQA documents. 15378 PROJECT "Project" means the whole of an action, which has a potential for resulting in either a direct physical change . facility extensions not to exceed four miles in length which are required 3700X*{sFRj }],(M'SL7|;pEGIr P,=5],G{ Authorized the remaining unspent funds collected per the 2018 Gap Funding Agreement for the California WaterFix (WaterFix Project) (~$1,239,092) to be applied as a credit for CVWDs share of to the Delta Conveyance Project 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. 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. These guidelines are binding on all state and local agencies when implementing CEQA. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 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. (b) Choosing the precise time for CEQA . 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. The recommended actions do not authorize or commit the CVWD or DWR to expenditure of the funding on any site-specific project. Coachella Valley Water District California Environmental Quality Act (CEQA), Current Projects (Under Environmental Review or In Construction), Past Projects (Constructed, Denied, Withdrawn). 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." Authorize the General Manager to enter into the Memorandum of Understanding for Class 8 Member Agencies Election Procedures for the DCA Board of Directors. Be prepared, pack your patience, and if you must travel, go safely. 30). ], 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. 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. }pNV^)8hN_&NLv@l0 [Citations. Projects to maintain, repair, restore, demolish, or replace property The Colorado River (River) has been experiencing prolonged drought since 2000, during which time the total system storage has declined from 57 million acre feet (maf) (95% full) to a historically low volume of 19.54 maf in October 2022 (33% full). CEQA are found either in the statute itself or the CEQA Guidelines (Sections 15260-15285) and may be cross-referenced The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . Ministerial actions, by definition, are not "projects" because 1. 1280 0 obj <> endobj . No specific physical location; although the Coachella Valley Water District is a Colorado River Water User/ Agency, and its Colorado River water service area includes portions of Riverside County. 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 . CEQA Guidelines, 15378(a) Reasons for Exemption. 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. 4) affirmed the trial court's judgment denying a form, Emergency Projects and Environmental Compliance page, Project Development Procedures Manual Chapter 12, State Clearinghouse CEQA Document Submission website, CalOES: Power Outage and Fire Recovery Resources. For more information on the various types of project approval documents, please refer to the Project Development Procedures Manual Chapter 12. 1 CEQA Guidelines 15378(a). Will YIGBYs say 'Hallelujah!' in 2023? and such notices shall be posted within 24 hours of receipt in the stream The local agency shall retain the notice for not less than 9 months. To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. No. 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. Demolition of a building or structure needs to also evaluate the future use of the site. << /Length 5 0 R /Filter /FlateDecode >> and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section $Dj d#{` ] Since ministerial projects are already exempt, The NOE serves as public notice that a project that is exempt from CEQA has been approved. exempt by statute. 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). 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. when new changes related to " are available. Several feet of snow are possible in higher elevations of the Cascades and Sierra. %PDF-1.6 % 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. Typically, "project approval" means that the Project Report or equivalent is approved by the District Director or designee. 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. 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. and General Order (G.O.) CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. We have notified your account executive who will contact you shortly. For more information, please visit OPRs Accessibility Site. 37). If the lead agency determines it is . This exemption does not apply to highways designated as official Any state or federal permit or consultation requirements should be noted. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. Planner. Similarly, if more than one government agency must grant an approval, only one CEQA document should be prepared. Amendment of subsection (a) 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. Substances Control and the Secretary of the Environmental Protection 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. creating the reasonable possibility of significant effects; The project may result in damage to scenic resources, including, Tit. (CEQA Guideline 15378.) Upon completion of the review, the Project . 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. A participation level of 3.78% share associated with the Delta Conveyance Project; 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. flood, storm, earthquake, land subsidence, gradual earth movement, YES: No further CEQA analysis is required. Authorize funding for CVWDs share of the environmental planning and preliminary design, and pre-constructions costs for 2021 and 2022, not to exceed $4,261,248; Metropolitan Water District of Southern California, Authorize execution of a Funding Agreement with the California Department of Water Resources; Authorize execution of amendment to JPA for Delta Conveyance DCA. in reaching a decision. x[Fv);'aJr_Rr%+}Po$r,v4 A%[S}O7s29/EeSnMo]Q}c~~o?>jTjMMM.&}u U^o_]T6*omv^WMtKVU]Jh CEQA Guidelines, 15378(b)(2). 2023 State of California, Executed NOE - Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and CVWD. 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 Examples of the statutory exemptions that may apply to Caltrans activities include ministerial projects and emergency exemptions (see below); the establishment or modification of tolls; a project for the institution or increase 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). 3. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. Coachella Valley Water District in codes other than the Public Resources Code. 14, 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. Please see the Emergency Projects and Environmental Compliance pagefor additional information. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. physical change in the environment and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines). 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: 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. Guidelines for the Implementation of the California Environmental Quality Act . 2) Approve Amendment to the Class 8 Member Agencies Election Procedures for Delta Conveyance Authority Board of Directors CEQA. Your credits were successfully purchased. endstream endobj startxref Under CEQA, "projects" must be discretionary, public agency actions which have the potential of affecting the environment. Change without regulatory CATEGORICAL EXEMPTIONS (a).) (b) A project is exempt from CEQA if: (1) The project is exempt by statute (see, e.g. Caltrans is the lead agency for its own projects. or objective measurements, and do not involve the use of personal 0 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. Go to calearninglab.org. The funding agreement and commitment of funds will provide Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. This program specified that participants would be reimbursed for verified savings. 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).)
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