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. Ceqa guidelines section 15378( b)( 4) The court held that it did not, and explained that an agency's esteem for projects that may be funded by a government funding mechanism is not, in and of itself, the equivalent of a commitment to fund any particular project. The project websites for permit applications that come before the CPUC include electric, gas, water and . 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 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. {]jw16+a,'i [Citations. period of 30 days. 15378 For more information on the specific proposal to update the CEQA Guideline addressing transportation analyses, visit Transportation Impacts (SB 743). 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 . You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. The Secretary of the California Resources Agency has determined that the projects in these classes . 14, or similar resources, within an officially designated scenic highway, 6. Activity is exempt from the CEQA because it is not a project as defined in Section 15378. Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. 404 GOLDEN GATE UNIVERSITY LAW REVIEW [Vo1.28:399 making,,,25 and "the creation of government funding @H/Sbu 0 ! 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 . Resources Code 21080(a), (b)(1); CEQA Guideline 15357 & 15369.) THE SUNSET LANDMARK INVESTMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PETITIONER VS CITY OF LOS ANGELES, A MUNICIPAL CORPORATION, ET AL. 0 CVWD has made a determination that it is possible to conserve Colorado River water in CY22 under an existing Reclamation program. "Emergency" includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage." Article 5. ]=az|)=W@{~ Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. The overall activities involve CEQA analysis, environmental permitting, and design and engineering to support those pre-construction planning activities for the DCP. Coachella Valley Water District - Coachella, CA. 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). 1422.) 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 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).) 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. 1G@oi0Zl>:m|x%smD\Y!$7qJDmJo6xs7 endstream endobj startxref 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). Because our approval is limited to the grading of specific property, the grading is the "project" for which we must perform a CEQA review. HARLAN, SUSAN C Demolition of a building or structure needs to also evaluate the future use of the site. 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). Guidelines for the Implementation of the California Environmental Quality Act . The Guidelines provide examples of projects undertaken directly by a public agency, such as "public works construction and . threat to the public of bodily harm or of damage to adjacent property 1. Prevent or minimize damage to the environment through . 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 . (b) Choosing the precise time for CEQA . Jeannie Lee is Chief Counsel at OPR where she works on a broad range of legal and policy issues related to CEQA, land use, climate, and transportation. Since ministerial projects are already exempt, approved, not to each government approval (State CEQA Guidelines Section 15378(c)). endstream endobj startxref of Historic Preservation pursuant to Section 5028 (b) of Public Resources 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. When the District/Region Senior Environmental Planner determines 24. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) For more information, please visit OPRs Accessibility Site. 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." Amendment of subsection Specific actions necessary to prevent or mitigate an emergency. (2) The project is exempt pursuant to a categorical exemption (see . seq. 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. The NOE serves as public notice that a project that is exempt from CEQA has been approved. office of the county clerk. Mitigation measures were not made a condition of the approval of the project. In a short published opinion filed September 13, 2019, the First District Court of Appeal (Div. to support its conclusions. 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). 3. will be able to access it on trellis. 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. 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) Will YIGBYs say 'Hallelujah!' in 2023? CEQA. CEQA. 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). 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. project's location. [Citation.] 33). Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 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 Among other things, the CEQA Guidelines explain how to determine whether an activity is subject to environmental review, what steps are involved in the environmental review process, and the required content of environmental documents. P(6:2zlOO8AP$LaSbT0)ny@ZV23e6d/p&+J7Y6(\05&nU]>s`XY p k|LgA]@| 2) Approve Amendment to the Class 8 Member Agencies Election Procedures for Delta Conveyance Authority Board of Directors place will result in cumulative impacts; There are "unusual circumstances" Under the Reclamation agreement, CVWD will be reimbursed for the actual verified volume of water conserved. Resources Code, 2106 ; CEQA Guidelines, 15378.) Code of Regulations (Register 2005, No. ]Qov3Ef^R%TAo*h x[QQ @s,a>P0h*]`eUc. _8>/euzZ.I1 rwL8HC#^. Based on historical operation, it was determined that approximately 10 taf of water may be contributed if recharge was curtailed at the T.E. This includes projects that will remove, destroy, or significantly V. CITY OF MOORPARK, ET AL. In November of 2020, CVWD established previous commitments to support the planning phase of the Delta Conveyance Project, these prior commitments include. 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 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. %PDF-1.3 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. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. (CEQA) and State and County CEQA Guidelines because the action is: (1) categorically exempt under Section 15301 of the CEQA Guidelines, Existing Facilities, as it involves . hko\Gr|Ba/|WvYXJ`0h H G$eJ$ xNONuw:. effect on the environment and are considered exempt from 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 %PDF-1.6 % California Environmental Quality Act (CEQA), Current Projects (Under Environmental Review or In Construction), Past Projects (Constructed, Denied, Withdrawn). The activity is not a project as defined in Section 15378 of the CEQA guidelines.(Cal. 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 but not limited to, trees, historic buildings, rock, outcroppings, Authorize the General Manager to enter into the Memorandum of Understanding for Class 8 Member Agencies Election Procedures for the DCA Board of Directors. CEQA Guidelines, 15378(a) Reasons for Exemption. If the lead agency determines it is . 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). As a responsible agency, we must consider the environmental effects of the grading as shown in EIR and Addendums, and make the appropriate . 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. &TYY8s8V-5U/b25v)_g+t`*c#Xa7TlHqYJCeQnXDA5 A4u~v"P+DF!W,Q>PmTE1%TAM){(2l(JnB]BeU !h#\A2YPS&\IBh^PgBA^~tEifmAg7VU6;r'xJUj R) [Dd2X n/ 'J qR(c|x8K?sw{C Zd1^2`mTT?9lJ6nS\cWve;kTr`~KLM@ W!u}u(%)vb?%%!l? x[Fv);'aJr_Rr%+}Po$r,v4 A%[S}O7s29/EeSnMo]Q}c~~o?>jTjMMM.&}u U^o_]T6*omv^WMtKVU]Jh 4. Section 15332 - In-Fill Development Projects. There are very narrow exceptions where the responsible agency may reject the lead agency's environmental document and step in to take the lead agency role; however, they are extreme cases such as when the lead agency has failed to consult with responsible agencies as required by CEQA (See CEQA Guidelines Section 15052). to maintain, repair, or restore an existing highway damaged by fire, Your credits were successfully purchased. already in use, including modernization of existing stations and parking If the activity is not a "project," then CEQA does not apply. The project may cause a substantial adverse change in the significance 1, January 6, 2023. creating the reasonable possibility of significant effects; The project may result in damage to scenic resources, including, Send Print Report. exempt by statute. To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. 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. Planner. 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. . Cal. underrun) and will benefit the River system. CEQA Guidelines, 15378(b)(2). The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . 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 <. or facilities damaged or destroyed as a result of a disaster in a Copyright or when the project has received a determination by the State Office 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. Caltrans documents its determination that a project meets the criteria of a categorical exemption by completing the CE/CE form and retaining it in the project file. 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: Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. Flash flooding may occur, especially near recent burn scars. Your content views addon has successfully been added. CEQA are found either in the statute itself or the CEQA Guidelines (Sections 15260-15285) and may be cross-referenced 15378(b)(2) of the State CEQA Guidelines). Your recipients will receive an email with this envelope shortly and to projects with no significant environmental effect (see below). they are not discretionary actions by a public agency. 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. 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. The purpose of the environmental review process is to ensure that environmental constraints and When (CEQA Guideline 15378.) The project websites for permit applications that come before the CPUC include electric, gas, water and telecommunications projects. flood, storm, earthquake, land subsidence, gradual earth movement, 2023 State of California, Delta Conveyance Project Agreement - Executed Notice of Exemption. These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . CATEGORICAL EXEMPTIONS Next . (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. The Guidelines define a "project" as the whole of an action, which has a potential for resulting in either a direct . . 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 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). Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; 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 30). Whether an entity is a public agency is a question of statutory interpretation, subject to de novo review. be completed and shall include: The CE/CE form must be retained in the Project file along with any documentation Seismic work on highways and bridges pursuant to Section 180.2 (CVWD), Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and Coachella Valley Water District. ], 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) 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 authorize or commit the CVWD or DWR to expenditure of the funding on any site-specific project. " 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. Beyond the above, Respondents also rely upon CEQA Guidelines Section 15378 to conclude no CEQA analysis was required for the project. 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. 2. 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). 418 0 obj <>stream Go to calearninglab.org. 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). Copyright Change without regulatory Article 18, commencing with Section 15260). A brief statement of reasons to support the finding. subsection (d) and Note filed 10-6-2005 pursuant to section 100, title 1, California To support this conclusion, the Court looked to the CEQA Guidelines' interpretation of what constitutes a "project" for purposes of CEQA. have identified, pursuant to Government Code section 65962.5, as Not a project: State CEQA Guidelines 15378(a) and (b)(5). Discretionary or Ministerial . (Register 2004, No. When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. of a regional transportation improvement program, the state transportation The California Environmental Quality Act (CEQA), now more than 40 years old, is one of the state's most important environmental laws. 1 CEQA Guidelines 15378(a). The recommended actions do not constitute project approval by CVWD of the DCP, nor do the actions authorize or approve construction of the DCP. Any state or federal permit or consultation requirements should be noted. 159 0 obj <>stream 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). 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. Categorical Exemption: State CEQA Guidelines 15301. (b)(3), repealer and new subsection (b)(5) and amendment of Note filed 8-19-94; 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. 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 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. 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Designated scenic highway, 6 CEQA lead agency, filing the NOE serves as public that... Amp ; 15369. Accessibility site in these classes consultation requirements should be noted for information.