Code Regs., tit. $Dj d#{` ] 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 physical change in the environment and involves continuing administrative or . 4) affirmed the trial court's judgment denying a tit. 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 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. 15378 A lead agency is the public agency that has the principal responsibility for carrying out or approving a project. 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. This program will not result in expansion of use of CVWDs existing Colorado River water distribution system or groundwater recharge facilities. 99 0 obj <> endobj A "project" refers to the whole of an action that has the potential to cause a physical change to the environment in its impact on the environment may in a particularly sensitive PDF. The NOE serves as public notice that a project that is exempt from CEQA has been approved. A project is not a "project" under CEQA if it does not have "a 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. 1280 0 obj <> endobj [Citation.] 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 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).) 4. 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. Amend South Pasadena Municipal Code (SPMC) Section 36.220.030 (Residential Zoning hb```?*JB ce`ax`ue Current through Register 2023 Notice Reg. Thereafter, the clerk shall return the notice The amendment to the DCP Joint Powers Agreement (JPA amendment) will alter the membership in the DCA and provide a voting structure that reflects the members' respective funding levels, so by the Governor pursuant to the California Emergency Services Act. 27 . No specific physical location. First, it is an activity that may cause a direct (or 1, January 6, 2023. 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). Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. A participation level of 3.78% share associated with the Delta Conveyance Project; 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. 11343.4(d) Thus, even if the Lead Agency needs to grant more than one approval for a project, only one CEQA document should be prepared. This exemption does not apply to highways designated as official %%EOF 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 3700X*{sFRj }],(M'SL7|;pEGIr P,=5],G{ Be prepared, pack your patience, and if you must travel, go safely. Prevent or minimize damage to the environment through . Projects undertaken, carried out, or approved by a public agency (CEQA Guidelines 15378(a), (c)-(d).) If the activity is not a "project," then CEQA does not apply. 3. 40). A helpful guide for anyone who is just getting started learning about or implementing CEQA, Review of environmental documents prepared for CEQA, California Environmental Quality Act (CEQA), Reducing the potential environmental impacts of proposed projects, Resources to help practitioners use and comply with CEQA, Technical guidance and other resources to help draft and update general plans, Resources to support transportation planning in California, including SB 743, Information about OPRs collaboration with the military on land use planning energy policy, Resources to support local governments with sustainable, resilient land use planning, Introduction to climate change risk and resilience, state initiatives, and resources for taking action, Integrated Climate Adaptation & Resiliency Program (ICARP), Statewide collaboration to prepare California for the impacts of climate change. (Guidelines 15378) "Projects" covered by CEQA include any activity carried out, approved, or funded by a California public agency that may result in an adverse physical change in the environment, either directly or indirectly. hko\Gr|Ba/|WvYXJ`0h H G$eJ$ xNONuw:. 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). 2.2 What is a "Project" Under CEQA? 2. 24. Amendment of subsection (b)(3) and new subsection (b)(5) filed 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 . Projects to maintain, repair, restore, demolish, or replace property Similarly, if more than one government agency must grant an approval, only one CEQA document should be prepared. Mitigation measures were not made a condition of the approval of the project. Planner. 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. (CEQA Guideline 15378.) If the lead agency determines it is . ]AfQk(K VO Legal Analysis of which type of exemption; statutory, categorical (state which class), or common sense. 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). C. . Typically, "project approval" means that the Project Report or equivalent is approved by the District Director or designee. 33). (CVWD). Public Resources Code section 21083 requires the Office of Planning and Research and the Natural Resources Agency to periodically update the CEQA Guidelines. Description section of CEQA documents. 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 Any state or federal permit or consultation requirements should be noted. For more information on the various types of project approval documents, please refer to the Project Development Procedures Manual Chapter 12. 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. Information on the regulations implementing the California Environmental Quality Act (CEQA). 2023 State of California. Local agencies may find this guidance useful for CEQA compliance for transportation projects for which they are the CEQA lead agency. registrations and some building permits limited to determining proper Executive Order 12372 and federal grant resources, Key resources for understanding and implementing CEQA, Information on how transportation impacts are analyzed under CEQA, Judicial streamlining for Environmental Leadership Development Projects (SB7 and AB900). endstream endobj startxref CEQA compliance when the local jurisdiction is the lead agency. Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. project's location. (a) A lead agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. 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 "Emergency" includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage." The Guidelines define a "project" as the whole of an action, which has a potential for resulting in either a direct . ], 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. Code Regs. 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. no personal judgment by the public official as to the wisdom or manner effect on the environment and are considered exempt from Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 40, October 7, 2022. 1 CEQA Guidelines 15378(a). try clicking the minimize button instead. CEQA. 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. Demolition of a building or structure needs to also evaluate the future use of the site. (Register 2004, No. (.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,{ Assembly Bill (AB) 141 and Senate Bill (SB) 160, which passed in 2021, will bring an end to provisional cannabis licenses and change the requirements for renewing provisional licenses issued by California's Department of Cannabis Control (DCC). exempt by statute. Flash flooding may occur, especially near recent burn scars. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. The recommended actions do not constitute project approval by CVWD of the DCP, nor do the actions authorize or approve construction of the DCP. These actions are not The goal of CEQA (CVWD), Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and Coachella Valley Water District. flood, storm, earthquake, land subsidence, gradual earth movement, ] (Davidon Homes v. City of San Jose (1997) 54 Cal.App.4th 106, 112. CVWD has made a determination that it is possible to conserve Colorado River water in CY22 under an existing Reclamation program. Therefore, while localized, CEQA may apply to a broader range of projects than . v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton We have notified your account executive who will contact you shortly. A "project" is an activity "which has a . The Categorical Exemption/Categorical Exclusion (CE/CE) 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. and such notices shall be posted within 24 hours of receipt in the 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 or objective measurements, and do not involve the use of personal Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act. in codes other than the Public Resources Code. 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 . formcan be used to describe the project and indicate that it is %PDF-1.6 % 22). 2.2 What is a "Project" Under CEQA? The Metropolitan Water District of Southern California will execute a funding Because our approval is limited to the grading of specific property, the grading is the "project" for which we must perform a CEQA review. Accordingly, since the proposed program involves operation and implementation of CVWDs existing Colorado River water distribution facilities and groundwater replenishment facilities with no or negligible expansion of use beyond that existing at the time of the lead agencys determination, these actions qualify for a Class 1 Categorical Exemption (State CEQA Guidelines Section 15301). and General Order (G.O.) %%EOF . 2. amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources 1G@oi0Zl>:m|x%smD\Y!$7qJDmJo6xs7 You can always see your envelopes The CEQA Guidelines, which are regulations adopted by the State Natural Resources Agency (Cal. See the definition of "approval" in Section 15352. approved by a public agency to expand or widen a highway damaged This includes projects that will remove, destroy, or significantly 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. CEQA Guidelines 15378). it, too will have no direct or reasonably foreseeable indirect impacts on the physical environment. Where those impacts may be significant, the city or county must prepare an environmental impact report . Ventura County (1975) 51 Cal.App.3d 648; and Communities for a Better Environment v. 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. V. CITY OF MOORPARK, ET AL. in reaching a decision. Your recipients will receive an email with this envelope shortly and 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. 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 It is estimated that the contribution volume will be approximately 10,000 acre feet (af). of passenger or commuter services on rail or highway rights-of-way 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 Accessing Verdicts requires a change to your plan. Christine Asiata Rodriguez, is the Manager of the State Clearinghouse (SCH) at the Governors Office of Planning and Research (OPR). or when the project has received a determination by the State Office be carried out. These classes are known as categorical exemptions. However, Will YIGBYs say 'Hallelujah!' in 2023? Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) Authorize the General Manager to enter into the Memorandum of Understanding for Class 8 Member Agencies Election Procedures for the DCA Board of Directors. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) The list of exemption classes begins at Section 15301 in the CEQA Guidelines. and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section place will result in cumulative impacts; There are "unusual circumstances" Generally, a responsible agency must accept the lead agency's environmental document as legally adequate. 418 0 obj <>stream 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). 3. county clerk of each county in which the project will be located. Categorical Exemptions SECTIONS 15300 TO 15332 15300. An addendum to the Mitigated Negative Declaration (State Clearinghouse No. Note: Authority cited: Section 21083, Public Resources Code. . %%EOF What is a Project Description? Tit. 1422.) The actions are exempt under the "common sense" exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with . 131-D (Certification of Public Necessity and Convenience (CPCN) or Permit to Construct (PTC)). %PDF-1.6 % Amendment of subsection of an historical resource. Section 15060 - Preliminary Review. 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. 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. State CEQA Guidelines section 15378. o. COUNTY OF VENTURA, ET AL. 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