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(See, CEQA Guideline 15050(b).) Statutory Exemption: State CEQA Guidelines 15277. threat to the public of bodily harm or of damage to adjacent property 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. hbbd``b`oA $@Jz"2@ (2) The project is exempt pursuant to a categorical exemption (see . No. The Metropolitan Water District of Southern California, Alameda, Contra Costa, Los Angeles, Sacramento, San Joaquin, Solano, Yolo, 700 N Alameda Street Los Angeles, CA 90012, PRC 21065 14 CCR 15378(b)(2) 15378(b)(4) 15061(b)(3) 15306. (CVWD), Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and Coachella Valley Water District. COUNTY OF VENTURA, ET AL. 14, 15060 (c)). 0
Tit. more analytics for HARLAN, SUSAN C. Please wait a moment while we load this page. when new changes related to " are available. and General Order (G.O.) . Legal Analysis Trustee agencies include: Common examples of responsible agencies include: the Regional Water Quality Control Board for its Section 401 Water Quality Certification, the California Department of Fish and Wildlife for its Section 1602 Lake or Streambed Alteration Agreement, and the Office of Historic Preservation for its concurrence on affected cultural resources. 4. The City Council shall hold a .
Similarly, if more than one government agency must grant an approval, only one CEQA document should be prepared. 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. 1422.) The project websites for permit applications that come before the CPUC include electric, gas, water and telecommunications projects. Current through Register 2023 Notice Reg. If the lead agency determines it is . 1. 385 0 obj
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or commuter service on high-occupancy vehicle lanes already in use, The public official merely applies the law to the facts as presented but uses no special discretion or judgment Your subscription was successfully upgraded. Section 15060 - Preliminary Review. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. . Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. (Guidelines, 15378, subd. 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. Furthermore, where 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 (Section 1506l(b)(3) of the State CEQA Guidelines). 8f ! "@8 e`"@,`4alE$`^)HOXuCi{
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be completed and shall include: The CE/CE form must be retained in the Project file along with any documentation Copyright
. A participation level of 3.78% share associated with the Delta Conveyance Project;
and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section The purpose of the environmental review process is to ensure that environmental constraints and When and resource evaluation activities needed for the environmental review and permitting do not result in any adverse impacts to an environmental resource. The Guidelines provide examples of projects undertaken directly by a public agency, such as "public works construction and . Copyright
The activity is not a project as defined in Section 15378 of the CEQA guidelines.(Cal. 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). Under the CEQA Guidelines, 15060(c)(3), an activity is not subject to CEQA if it is not a project as defined in Section 15378. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 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. Planner. Additionally, the Air District is working with the California Air . 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 . Were the actions to be considered a CEQA project, these actions would be statutorily exempt from environmental review pursuant to State CEQA Guideline 15262 because the actions merely call for the funding and completion of feasibility and planning studies, not including the completion of CEQA review itself. << /Length 5 0 R /Filter /FlateDecode >> Article 5. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. Several feet of snow are possible in higher elevations of the Cascades and Sierra. Each notice shall remain posted for a ". Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act. 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 Regs. The Categorical Exemption/Categorical Exclusion (CE/CE) %PDF-1.5
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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). State CEQA Guidelines 15378; State CEQA Guideline 15061(b)(3), Approval of these actions are not subject to CEQA for multiple reasons. The updated Guidelines will be released once the Board of Directors acts on the updated Thresholds of Significance for Climate Impacts. 2.
hb```?*JB ce`ax`ue Posted in , , CEQA Guidelines, , Land Use, Litigation, Mitigation, Project Description, Standard of Review, Water Supply. for the transfer of passengers from or to exclusive public mass transit The proposed action of using conserved water from the proposed Conservation Agreement to assist in managing reservoir elevations is within the scope of analysis of actions that were previously analyzed in that EIS. CATEGORICAL EXEMPTIONS effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. [RMM Counsel of record: Whitman F. Manley, Tiffany K. Importantly, the court . a categorical exemption is conditioned by limitations defined in the 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. %%EOF
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These classes are known as categorical exemptions. However, For more information, please visit OPRs Accessibility Site. project's location. Code Regs., tit. Amendment of subsection (a) endstream
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Disclose public agency decisions. The local agency shall retain the notice for not less than 9 months. ), 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.). or subjective judgments in deciding whether or how the project should Any state or federal permit or consultation requirements should be noted. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. 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. v. City of San Jose, et al. to the local agency with a notation of the period it was posted. 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). 15378 PROJECT "Project" means the whole of an action, which has a potential for resulting in either a direct physical change . (CEQA Guidelines, 15378(b)(1), 15379.) Related Posts. 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. in its impact on the environment may in a particularly sensitive CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . being affected by hazardous wastes or clean-up problems; or. (b) A project is exempt from CEQA if: (1) The project is exempt by statute (see, e.g. ], 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. Approval of the 2022 Colorado River Water Conservation Agreement is not subject to CEQA for multiple reasons. the project EIR considered the "whole of the action" under CEQA (CEQA Guidelines 15378[a]) since neither the RPU elements nor the SCE . We will email you 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). formcan be used to describe the project and indicate that it is P(6:2zlOO8AP$LaSbT0)ny@ZV23e6d/p&+J7Y6(\05&nU]>s`XY
p k|LgA]@| No. 40). CEQA Guidelines 15378). alter an historical resource when that resource represents an imminent 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. 2. 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 . Copies of all such notices shall be available for public inspection When the District/Region Senior Environmental Planner determines A ministerial action is a governmental decision involving little or 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. Because our approval is limited to the grading of specific property, the grading is the "project" for which we must perform a CEQA review. CEQA. 98. Your alert tracking was successfully added. The work funded by this action is limited to pre-construction costs, so there is no possibility of any potential impacts to the environment. 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 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. Guidelines for Implementation of the California Environmental Quality Act: Article 19. be carried out. 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. . to support its conclusions. 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).) Therefore, responsible agencies must participate early and actively in the lead agency's CEQA process to ensure its concerns are met. 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 Based on historical operation, it was determined that approximately 10 taf of water may be contributed if recharge was curtailed at the T.E. A brief statement of reasons to support the finding. 0
In the alternative, and even if the proposed action was a project under CEQA, the action is categorically exempt under the provisions of CEQA and the State CEQA Guidelines. underrun) and will benefit the River system. or when the project has received a determination by the State Office 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
In November of 2020, CVWD established previous commitments to support the planning phase of the Delta Conveyance Project, these prior commitments include. 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. A "project" refers to the whole of an action that has the potential to cause a physical change to the environment of which type of exemption; statutory, categorical (state which class), or common sense. 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. Discretionary or Ministerial . 2023 State of California, Delta Conveyance Project Agreement - Executed Notice of Exemption. 3. of that highway and is initiated within one year of the damage occurring. Caltrans is the lead agency for its own projects. Prevent or minimize damage to the environment through . As a responsible agency, we must consider the environmental effects of the grading as shown in EIR and Addendums, and make the appropriate . The recommended actions do not constitute project approval by CVWD of the DCP, nor do the actions authorize or approve construction of the DCP. Your recipients will receive an email with this envelope shortly and While conducting this review for completeness, the agency should be alert for environmental issues that might require . it, too will have no direct or reasonably foreseeable indirect impacts on the physical environment. If you wish to keep the information in your envelope between pages, "Emergency" includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage." Since ministerial projects are already exempt, 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. First, it is an activity that may cause a direct (or 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. C. . Coachella Valley Water District
Specifically, CVWD has additionally agreed to:
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3!fHG'6y!RXs"`_GuV+F'W5GO,5i#@fQk.5/E[n%vm;WR@ ,VCj7Pb8jN'E{H Sj6c,tk: Such exceptions may apply under the following circumstances: If a project is not statutorily exempt and a categorical exemption does not apply, it may qualify for the common sense exemption (CEQA Guidelines 15061(b)(3)). 1302 0 obj
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Amendment of subsection Next . Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. In a short published opinion filed September 13, 2019, the First District Court of Appeal (Div. approved by a public agency to expand or widen a highway damaged Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; 1 CEQA Guidelines 15378(a). 418 0 obj
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