1422.) When 404 GOLDEN GATE UNIVERSITY LAW REVIEW [Vo1.28:399 making,,,25 and "the creation of government funding Ministerial actions, by definition, are not "projects" because 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 Secretary of the California Resources Agency has determined that the projects in these classes . These actions are not threat to the public of bodily harm or of damage to adjacent property by fire, flood, storm, earthquake, land subsidence, gradual earth The overall activities involve CEQA analysis, environmental permitting, and design and engineering to support those pre-construction planning activities for the DCP. When the District/Region Senior Environmental Planner determines Description section of CEQA documents. 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. 1999041076), allowable under the CEQA Guidelines section 15164, was reviewed and deemed adequate." . The California Environmental Quality Act (CEQA), now more than 40 years old, is one of the state's most important environmental laws. 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. 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. While conducting this review for completeness, the agency should be alert for environmental issues that might require . they are not discretionary actions by a public agency. (b) A project is exempt from CEQA if: (1) The project is exempt by statute (see, e.g. 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. These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . %%EOF
Caltrans can also be a responsible agency for non-Caltrans projects that impact Caltrans facilities, for example, where a city will need to obtain an encroachment permit for conducting work within Caltrans right-of-way. The work funded by this action is limited to pre-construction costs, so there is no possibility of any potential impacts to the environment. Flash flooding may occur, especially near recent burn scars. (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. Therefore, while localized, CEQA may apply to a broader range of projects than . For more information, please visit OPRs Accessibility Site. in its impact on the environment may in a particularly sensitive [Citation.] 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 . Discretionary or Ministerial . (b) Choosing the precise time for CEQA . 0
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Grant programs to support local, regional, and tribal climate adaptation and resilience. to maintain, repair, or restore an existing highway damaged by fire, 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. endstream
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A project that is ordinarily insignificant f
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mNqI,3/N&Q)!}sf`lx{*7o'o k$'d`s^P\fs?;V4;O~'n}B\jzf}=)v;Nnm0. no personal judgment by the public official as to the wisdom or manner Amend South Pasadena Municipal Code (SPMC) Section 36.220.030 (Residential Zoning Coachella Valley Water District
v. City of San Jose, et al. 0
Projects which require specific actions necessary to prevent or mitigate an emergency, can qualify for an exemption under CEQA (CEQA Guidelines 15269). 4) affirmed the trial court's judgment denying a Approval of the 2022 Colorado River Water Conservation Agreement is not subject to CEQA for multiple reasons. 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,
Categorical Exemption: State CEQA Guidelines 15301. 418 0 obj
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C. . but not limited to, trees, historic buildings, rock, outcroppings, Responsible agencies must actively participate in the lead agency's CEQA process and consider the lead agencys environmental document prior to acting upon or approving the project. 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. Code section 21087 (Register 98, No. PreliminaryReview Therequired CEQA review process can result in three different determination/document typesan The approval of this agenda . Promote inter-agency cooperation. 22). (CEQA Guidelines 15378(a), (c)-(d).) 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. classes of projects which have been determined not to have a significant Specifically, CVWD has additionally agreed to:
CVWD proposes to continue funding to complete the last two years (CY 2023 and 2024) of the planning phase. 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. 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). Discover key insights by exploring The goal of CEQA {]jw16+a,'i Demolition of a building or structure needs to also evaluate the future use of the site. CCR 15378. Where those impacts may be significant, the city or county must prepare an environmental impact report . Under CEQA, "projects" must be discretionary, public agency actions which have the potential of affecting the environment. 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). Planner. %PDF-1.3 The Air District's CEQA Guidelines will include information to help local governments prepare plans that meet the State's climate goals. Not a project: State CEQA Guidelines 15378(a) and (b)(5). Please see the. 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. 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. Guideline 15378 defines a project, in relevant part, 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. hb```nA^A1A[
d4: Amendment of subsection (b)(3) and new subsection (b)(5) filed Resources Code 21080(a), (b)(1); CEQA Guideline 15357 & 15369.) will be able to access it on trellis. 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 No further analysis required. The CEQA Guidelines apply to public agencies throughout the state, including local governments, special districts, and State agencies. Information on the regulations implementing the California Environmental Quality Act (CEQA). No. 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 ), Activities which are not projects as defined by section 15378 are not subject to CEQA review. Section 15060 - Preliminary Review. 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.). Section 3. If the activity is not a "project," then CEQA does not apply. 40). or objective measurements, and do not involve the use of personal To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. Levy Groundwater Replenishment Facility for the remainder of CY22. 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. %PDF-1.6
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Amendment of subsection Local agencies may find this guidance useful for CEQA compliance for transportation projects for which they are the CEQA lead agency. of passenger or commuter services on rail or highway rights-of-way 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. " 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. Go to calearninglab.org. The project and successive projects of the same type in the same (Register 97, No. be carried out. (CVWD). gwhYlb.pWa*AKKP=g1L can be made wholly or partially exempt, as determined by the Legislature. 2) Approve Amendment to the Class 8 Member Agencies Election Procedures for Delta Conveyance Authority Board of Directors
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. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. 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. Authorize the General Manager to execute amendments to the Delta Conveyance Design and Construction Authority (DCA) Joint Powers Agreement; and
Cal. more analytics for HARLAN, SUSAN C. Please wait a moment while we load this page. Resources Code 21100.1, 21000(a) ("maintenance of a quality environment for the people of this state now and in the future is a Review for Exemption/Common Sense Exemption: State CEQA Guideline 15061(b)(3). 4. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act. 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. 44). Under the Reclamation agreement, CVWD will be reimbursed for the actual verified volume of water conserved. improvement program, or a congestion management program. project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) of the State CEQA Guidelines). 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. effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to in reaching a decision. 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
for the transfer of passengers from or to exclusive public mass transit ]Qov3Ef^R%TAo*h x[QQ @s,a>P0h*]`eUc. _8>/euzZ.I1 rwL8HC#^. The NOE serves as public notice that a project that is exempt from CEQA has been approved. 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).) Whereas CEQA Guidelines section 15378 (b)(4) further provides that: "A project does not include . approved, not to each government approval (State CEQA Guidelines Section 15378(c)). 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 . 2. 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). The project site is environmentally sensitive as defined by the (See, CEQA Guideline 15050(b).) 11343.4(d) hbbd``b`oA $@Jz"2@ Code. 1280 0 obj
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Section 15332 - In-Fill Development Projects. The District/Region Senior Environmental Planner decides whether a project is eligible for a categorical exemption as part of the preliminary review of the project. The recommended actions do not authorize or commit the CVWD or DWR to expenditure of the funding on any site-specific project. WHEREAS, the CEQA Guidelines section 15378 defines "Project" in part as "the whole of an action, which has a potential for resulting in either a direct or indirect physical change in the environment, or a reasonably foreseeable indirect change in the environment, and that is any hbbd``b`3S`$ASh)Q'@*k;2 %\@(.2012```$
:
The funding agreement and commitment of funds will provide
General Order 131-D Advice Letter Submission Guidance, General Guidance for Filing a CPCN/PTC application with the CPUC Docket Office, Presentation on "General Information on Permitting Electric Transmission Projects", Certificate of Public Convenience and Necessity (CPCN) Process Step-by-Step Guide, Overview of Electric Transmission Siting at the California Public Utilities Commission, Additional Federal, State, and Local Permits Likely to be Required, EMF Investigation Report - Alpine Boulevard, CEQA Statute and Guidelines (California Natural Resources Agency website), Guidelines for Energy Project Applications Requiring CEQA Compliance: Pre-filing and Proponent's Environmental Assessments (contains 2019 PEA Checklist). A "project" is an activity "which has a . 1302 0 obj
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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. These classes are known as categorical exemptions. However, 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. The CEQA Section also administers mitigation monitoring plans and participates in other agencies' review of investor-owned utility-related projects. The project websites for permit applications that come before the CPUC include electric, gas, water and . Thus, even if the Lead Agency needs to grant more than one approval for a project, only one CEQA document should be prepared. The action is not defined as a project under CEQA (Public Resources Code Section 21065, Section 15378 of the State CEQA Guidelines ) because neither the funding agreement and commitment of funds nor the JPA Amendment will cause either a direct physical change in the environment or a reasonably foreseeable indirect
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