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. or subjective judgments in deciding whether or how the project should hbbd``b`oA $@Jz"2@ 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). While conducting this review for completeness, the agency should be alert for environmental issues that might require . The activity is not a project as defined in Section 15378 of the CEQA guidelines.(Cal. to maintain, repair, or restore an existing highway damaged by fire, When the District/Region Senior Environmental Planner determines 4) affirmed the trial court's judgment denying a Change without regulatory effect amending Note: Authority cited: Section 21083, Public Resources Code. 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). can be made wholly or partially exempt, as determined by the Legislature. Levy Groundwater Replenishment Facility for the remainder of CY22. 33). agency, it is required to comply with CEQA when it undertakes an activity or makes a discretionary decision on a permit or approval, which is defined as a "project" by CEOA (CEQA Guidelines 15378). Substances Control and the Secretary of the Environmental Protection The updated Guidelines will be released once the Board of Directors acts on the updated Thresholds of Significance for Climate Impacts. 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 Disclose public agency decisions. 0 Guidelines and by the statutory authorization limiting such exemptions To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 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). that a project on the State Highway System is exempt from CEQA and has signed the CE/CE form, a Notice of Exemption (NOE) must be filed with the SCH. 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: 4. Amendment of subsections (b)(1)-(5) and 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. 1. The Guidelines define a "project" as the whole of an action, which has a potential for resulting in either a direct . 14, 15060 (c)). Home - California Association of Environmental Professionals The project site is environmentally sensitive as defined by the of carrying out the project. . ] (Davidon Homes v. City of San Jose (1997) 54 Cal.App.4th 106, 112. Activity is exempt from the CEQA because it is not a project as defined in Section 15378. . 15378(b)(2) of the State CEQA Guidelines). Review for Exemption/Common Sense Exemption: State CEQA Guideline 15061(b)(3). To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. law to the facts as presented but uses no special discretion or judgment and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section Current through Register 2023 Notice Reg. effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to Cal. PreliminaryReview Therequired CEQA review process can result in three different determination/document typesan 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. 1422.) CEQA Guidelines 15378). The Metropolitan Water District of Southern California will execute a funding in its impact on the environment may in a particularly sensitive Your alert tracking was successfully added. threat to the public of bodily harm or of damage to adjacent property . Projects to maintain, repair, restore, demolish, or replace property ), As a starting point, the Court examines the question of law which asks which acts constitute the whole of an action for purposes of Guidelines section 15378. (Tuolumne County, supra, 155 Cal.App.4th at 1224; see also Lighthouse, supra, 131 Cal.App.4th at 1208 (The prohibition against piecemeal review is the flip side of the requirement that the whole of a project be reviewed under CEQA.). in reaching a decision. These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . %%EOF Metropolitan's share of those costs, but do not commit Metropolitan to approving the DCP. 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 Coachella Valley Water District Related Posts. CEQA are found either in the statute itself or the CEQA Guidelines (Sections 15260-15285) and may be cross-referenced v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton A participation level of 3.78% share associated with the Delta Conveyance Project; 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 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 . 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 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. (Guidelines, 15378, subd. The approval of this agenda . 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. or similar resources, within an officially designated scenic highway, Section 15004 - Time of Preparation (a) Before granting any approval of a project subject to CEQA, every lead agency or responsible agency shall consider a final EIR or negative declaration or another document authorized by these guidelines to be used in the place of an EIR or negative declaration. 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. YES: No further CEQA analysis is required. A project that is ordinarily insignificant 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. 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$o[{l&muhg DTk/sm!Mng52H Thus, even if the Lead Agency needs to grant more than one approval for a project, only one CEQA document should be prepared. (b)(3), repealer and new subsection (b)(5) and amendment of Note filed 8-19-94; 44). formcan be used to describe the project and indicate that it is %%EOF For more information on the various types of project approval documents, please refer to the Project Development Procedures Manual Chapter 12. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) (b) Choosing the precise time for CEQA . State CEQA Guidelines section 15378. o. v. City of San Jose, et al. Will YIGBYs say 'Hallelujah!' in 2023? Amend South Pasadena Municipal Code (SPMC) Section 36.220.030 (Residential Zoning disaster stricken area in which a state of emergency has been proclaimed they are not discretionary actions by a public agency. of Historic Preservation pursuant to Section 5028 (b) of Public Resources already in use, including modernization of existing stations and parking CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . ], Guidance for Determining CEQA Lead Agency Status for Project on the State Highway System, Mandatory Filing of Notices of Exemption for Projects Subject to CEQA, Categorical Exemption/Categorical Exclusion (CE/CE) when new changes related to " are available. (See, CEQA Guideline 15050(b).) x[Fv);'aJr_Rr%+}Po$r,v4 A%[S}O7s29/EeSnMo]Q}c~~o?>jTjMMM.&}u U^o_]T6*omv^WMtKVU]Jh Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. The purpose of the environmental review process is to ensure that environmental constraints and COUNTY OF VENTURA, ET AL. Legal Analysis Send Print Report. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. it, too will have no direct or reasonably foreseeable indirect impacts on the physical environment. 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).) ), Hon. hko\Gr|Ba/|WvYXJ`0h H G$eJ$ xNONuw:. 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). Any state or federal permit or consultation requirements should be noted. by fire, flood, storm, earthquake, land subsidence, gradual earth No. 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. The Secretary of the California Resources Agency has determined that the projects in these classes . [Citations. [RMM Counsel of record: Whitman F. Manley, Tiffany K. Importantly, the court . Copyright {]jw16+a,'i 15378 PROJECT "Project" means the whole of an action, which has a potential for resulting in either a direct physical change . An addendum to the Mitigated Negative Declaration (State Clearinghouse No. The work funded by this action is limited to pre-construction costs, so there is no possibility of any potential impacts to the environment. 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 project EIR considered the "whole of the action" under CEQA (CEQA Guidelines 15378[a]) since neither the RPU elements nor the SCE . Code Regs. Whereas CEQA Guidelines section 15378 (b)(4) further provides that: "A project does not include . 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. 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 A brief statement of reasons to support the finding. 30). Download . to the local agency with a notation of the period it was posted. The project description is the defining element or starting point for every CEQA environmental document, be it an Environmental Impact Report (EIR) or Negative Declaration (ND). CVWD has made a determination that it is possible to conserve Colorado River water in CY22 under an existing Reclamation program. When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. (b) A project is exempt from CEQA if: (1) The project is exempt by statute (see, e.g. Article 19. (See, CEQA Guideline 15378(c).) A project is not a "project" under CEQA if it does not have "a Be prepared, pack your patience, and if you must travel, go safely. The funding agreement and commitment of funds will provide or commuter service on high-occupancy vehicle lanes already in use, Code. 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 The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . Additional objectives include making the SWP more resilient to the impacts of climate change and extreme weather events, minimize the impacts from earthquakes (delivery quantity and quality), and providing SWP operational flexibility to improve aquatic conditions and better manage risks of additional future regulatory constraints on project operations have identified, pursuant to Government Code section 65962.5, as county clerk of each county in which the project will be located. Because our approval is limited to the grading of specific property, the grading is the "project" for which we must perform a CEQA review. in codes other than the Public Resources Code. Prevent or minimize damage to the environment through . 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. . Article 18, commencing with Section 15260). These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. A "project" refers to the whole of an action that has the potential to cause a physical change to the environment (direct or indirect), and requires discretionary action from the public agency (exercises its judgment in deciding whether and how to approve or carry out a project ). '.!2O{_@ ;#A[QK$Z'E A,0^J4{ S4v\NBY d0 CVWD is a member agency of the SWP contractors. . 1334 0 obj <>stream Current through Register 2022 Notice Reg. (.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,{ Coachella Valley Water District - Coachella, CA. Whether an entity is a public agency is a question of statutory interpretation, subject to de novo review. zoning. or when the project has received a determination by the State Office the requirements of CEQA, and projects which fall under such exemptions For more information on the specific proposal to update the CEQA Guideline addressing transportation analyses, visit Transportation Impacts (SB 743). (CEQA Guidelines 15126.2(c), see also Pub. 6. (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. 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. 2. physical change in the environment and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines). Message - California Code of Regulations. CEQA compliance when the local jurisdiction is the lead agency. The Guidelines provide examples of projects undertaken directly by a public agency, such as "public works construction and . $Dj d#{` ] Grant programs to support local, regional, and tribal climate adaptation and resilience. Resources Code 21100.1, 21000(a) ("maintenance of a quality environment for the people of this state now and in the future is a will be able to access it on trellis. 2. 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 . 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. project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) of the State CEQA Guidelines). California Resources Agency (2002) 103 Cal.App.4th 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). 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