Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 40). Therefore, responsible agencies must participate early and actively in the lead agency's CEQA process to ensure its concerns are met. If it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. . of an historical resource. The project and successive projects of the same type in the same Not a project: State CEQA Guidelines 15378(a) and (b)(5). 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). or facilities damaged or destroyed as a result of a disaster in a Coachella Valley Water District 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. Legal Analysis 22). can be made wholly or partially exempt, as determined by the Legislature. 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, by the Governor pursuant to the California Emergency Services Act. 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. underrun) and will benefit the River system. The funding agreement and commitment of funds will provide 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. 4. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. . Chapter 3. 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 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. The Categorical Exemption/Categorical Exclusion (CE/CE) in codes other than the Public Resources Code. . 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) 0 Section 15168 - Program EIR (a) General. 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 . (Guidelines, 15378, subd. the requirements of CEQA, and projects which fall under such exemptions A brief statement of reasons to support the finding. The State CEQA Guidelines: These are the CEQA regulations and are labeled "guidelines" because they contain many advisory and permissive interpretations in addition to mandatory requirements. 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). The project websites for permit applications that come before the CPUC include electric, gas, water and telecommunications projects. (See, CEQA Guideline 15378(c).) Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. 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. Your content views addon has successfully been added. hb```"6V ea rXNQru=%wK} U,u*#Gq)Z\eWF) 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. The Guidelines provide examples of projects undertaken directly by a public agency, such as "public works construction and . endstream endobj startxref {]jw16+a,'i 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. Next . A project is not a "project" under CEQA if it does not have "a Sections 15300 to 15333 . 385 0 obj <> endobj V. CITY OF MOORPARK, ET AL. %PDF-1.3 they are not discretionary actions by a public agency. You can always see your envelopes (See, CEQA Guideline 15050(b).) a categorical exemption is conditioned by limitations defined in the 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). 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 When a local agency files this notice, the NOE must be filed with the 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. disaster stricken area in which a state of emergency has been proclaimed 2 Id. These classes are known as categorical exemptions. However, CEQA. [RMM Counsel of record: Whitman F. Manley, Tiffany K. Importantly, the court . 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). in reaching a decision. 1422.) Projects which require specific actions necessary to prevent or mitigate an emergency, can qualify for an exemption under CEQA (CEQA Guidelines 15269). These guidelines are binding on all state and local agencies when implementing CEQA. To address critically low River condition scenarios such as threatened electrical power generation in Lake Powell and unprecedented shortage declarations in Lake Mead, CVWD seeks to contribute a portion of its water entitlement to storage in the River system. except with respect to improvements required as mitigation for projects Flash flooding may occur, especially near recent burn scars. 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). Posted in , , CEQA Guidelines, , Land Use, Litigation, Mitigation, Project Description, Standard of Review, Water Supply. (CEQA Guidelines, 15378(b)(1), 15379.) Discover key insights by exploring a "project" by CEQA (CEOA Guidelines 15378). 15378(b)(2) of the State CEQA Guidelines). Section 3. Prevent or reduce environmental impacts. 2.2 What is a "Project" Under CEQA? Article 19. P(6:2zlOO8AP$LaSbT0)ny@ZV23e6d/p&+J7Y6(\05&nU]>s`XY p k|LgA]@| 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. by clicking the Inbox on the top right hand corner. 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 the action will merely establish a temporary agreement to forgo use of a small portion of CVWDs Colorado River water entitlement to assist in stabilizing levels in the Colorado River system. Current through Register 2022 Notice Reg. Please see the. by fire, flood, storm, earthquake, land subsidence, gradual earth 15378 and resource evaluation activities needed for the environmental review and permitting do not result in any adverse impacts to an environmental resource. Authorize the General Manager to execute amendments to the Delta Conveyance Design and Construction Authority (DCA) Joint Powers Agreement; and Related Posts. 1 CEQA Guidelines 15378(a). 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 . 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 Note: Authority cited: Section 21083, Public Resources Code. The project may cause a substantial adverse change in the significance The recommended actions do not constitute project approval by CVWD of the DCP, nor do the actions authorize or approve construction of the DCP. (CVWD), Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and Coachella Valley Water District. Home - California Association of Environmental Professionals 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.). This broad definition is intended to avoid so-called "piecemeal" environmental review . 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. approved by a public agency to expand or widen a highway damaged A "project" refers to the whole of an action that has the potential to cause a physical change to the environment Know before you go:National Weather Service -Caltrans Social Media -Road Informationorcall 1-800-427-7623 -QuickMap Real-time Travel Information. An emergency exemption under CEQA does not necessarily remove Caltrans responsibility to comply with other state laws nor does it have any bearing on compliance with federal laws. The proposed action of adopting the temporary Colorado River water Conservation Agreement with BOR in 2022 is exempt under the provisions of CEQA and the State CEQA Guidelines. Format, please contact the lead agency 's CEQA process to ensure its concerns are met exempt, determined... 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