of a regional transportation improvement program, the state transportation (CEQA Guidelines, 15378(b)(1), 15379.) Thus, even if the Lead Agency needs to grant more than one approval for a project, only one CEQA document should be prepared. Typically, "project approval" means that the Project Report or equivalent is approved by the District Director or designee. Authorize the General Manager to enter into the Memorandum of Understanding for Class 8 Member Agencies Election Procedures for the DCA Board of Directors. 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 Approval of the 2022 Colorado River Water Conservation Agreement is not subject to CEQA for multiple reasons. Additionally, the Air District is working with the California Air . 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 a categorical exemption is conditioned by limitations defined in the (a) A lead agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. The local agency shall retain the notice for not less than 9 months. endstream endobj startxref Article 19. &TYY8s8V-5U/b25v)_g+t`*c#Xa7TlHqYJCeQnXDA5 A4u~v"P+DF!W,Q>PmTE1%TAM){(2l(JnB]BeU !h#\A2YPS&\IBh^PgBA^~tEifmAg7VU6;r'xJUj R) [Dd2X n/ 'J qR(c|x8K?sw{C Zd1^2`mTT?9lJ6nS\cWve;kTr`~KLM@ W!u}u(%)vb?%%!l? CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . 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 work funded by this action is limited to pre-construction costs and does not include any ground-disturbing work or construction so there is no possibility of any potential impacts to the environment. when new changes related to " are available. V. CITY OF MOORPARK, ET AL. 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) Upon completion of the review, the Project . Beyond the above, Respondents also rely upon CEQA Guidelines Section 15378 to conclude no CEQA analysis was required for the project. it, too will have no direct or reasonably foreseeable indirect impacts on the physical environment. 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. formcan be used to describe the project and indicate that it is ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. registrations and some building permits limited to determining proper 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. Specifically, CVWD has additionally agreed to: Document the use of the common sense exemption on the CE/CE form. of an historical resource. 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. 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). (See Picayune Rancheria, supra, 229 Cal.App.4th at p. CEQA Guidelines, 15378(b)(4). or when the project has received a determination by the State Office 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 Flash flooding may occur, especially near recent burn scars. 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." First, it is an activity that may cause a direct (or PreliminaryReview Therequired CEQA review process can result in three different determination/document typesan or similar resources, within an officially designated scenic highway, The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . for the transfer of passengers from or to exclusive public mass transit If the lead agency determines it is . These actions do not qualify as a project subject to CEQA because the actions constitute: (1) continuing administrative or maintenance activities, such as general policy and procedure making; (2) government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment; and (3) organizational or administrative activities of a public agency that will not result in direct or indirect physical changes in the environment (State CEQA Guidelines 15378). . Step Two: Does CEQA Apply to This Activity? (CVWD), Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and Coachella Valley Water District. (CEQA Guidelines 15378(a), (c)-(d).) serves to: Inform decision-makers and the public about potential impacts to the environment. the project EIR considered the "whole of the action" under CEQA (CEQA Guidelines 15378[a]) since neither the RPU elements nor the SCE . or commuter service on high-occupancy vehicle lanes already in use, 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). Authorize the General Manager to execute the Agreement for the Advance or Contribution of Money to the California Department of Water Resources for Preliminary Planning and Design Costs Related to a Potential Delta Conveyance Project (funding agreement); These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . 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). v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton Change without regulatory effect amending [Citations. 5O6m>V;z)P_j]kRzyj+lpjp6*e[|D'_>{sq>//~qW?=~q~g|o/&o/]g_^xG~r?Q5p=?]HCgoO}wUpumfWod=ZO>\^/~|{?l}]}>} x 6,#,}{~nn]W? Amend South Pasadena Municipal Code (SPMC) Section 36.220.030 (Residential Zoning Reference: Section 21065, Public Resources Code; Kaufman and Broad-South Bay, Inc. The Guidelines provide examples of projects undertaken directly by a public agency, such as "public works construction and . Mitigation measures were not made a condition of the approval of the project. If, upon this preliminary project determination, "the proposed activity is found not to be a project, . No specific physical location. 4. Coachella Valley Water District The Guidelines define a "project" as the whole of an action, which has a potential for resulting in either a direct . COUNTY OF VENTURA, ET AL. 14, " 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. 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 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. Promote inter-agency cooperation. 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). Whereas CEQA Guidelines section 15378 (b)(4) further provides that: "A project does not include . and such notices shall be posted within 24 hours of receipt in the The City Council shall hold a . Related Posts. No. 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. 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). (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. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to Copyright 4 0 obj [RMM Counsel of record: Whitman F. Manley, Tiffany K. Importantly, the court . The Guidelines define a "project" 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, and that is an activity directly undertaken by any public agency including public works construction and related activities. Encourage public participation in the process. 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). (See, CEQA Guideline 15378(c).) What is a Project Description? Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; Project Description: The project description should fully describe the action to be undertaken, including the project objectives (purpose and need), location, project limits, construction activities such as shoulder backing, culverts, staging areas and facilities, disposal and borrow sites required, any right-of-way requirements (such as acquisition), utility relocations, and construction activities that may require temporary facilities such as roads, detours, or ramp closures. Caltrans is the lead agency for its own projects. Code section 21087 (Register 98, No. An addendum to the Mitigated Negative Declaration (State Clearinghouse No. Section 15332 - In-Fill Development Projects. 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). (CEQA Guidelines 15126.2(c), see also Pub. ), 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.). Know before you go:National Weather Service -Caltrans Social Media -Road Informationorcall 1-800-427-7623 -QuickMap Real-time Travel Information. PDF. 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). Guidelines for the Implementation of the California Environmental Quality Act . to support its conclusions. Prevent or reduce environmental impacts. The approval of this agenda . 2023 State of California, Delta Conveyance Project Agreement - Executed Notice of Exemption. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. . Sections 15300 to 15333 . 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 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. no personal judgment by the public official as to the wisdom or manner Code Regs. Authorize the General Manager to execute amendments to the Delta Conveyance Design and Construction Authority (DCA) Joint Powers Agreement; and Under CEQA, "projects" must be discretionary, public agency actions which have the potential of affecting the environment. movement, or landslide. 6. exempt by statute. %PDF-1.5 % A finding that the project is exempt from CEQA, including documentation except with respect to improvements required as mitigation for projects 2.2 What is a "Project" Under CEQA? The Agreement with U.S. Bureau of Reclamation (Reclamation) will allow CVWD to conserve usage of imported Colorado River water through curtailment of groundwater replenishment activities in Calendar Year 2022 (CY22). Retain the notice for not less than 9 months of the project Report or equivalent is approved the!, defined as a & quot ; ( ; CEQA Guidelines section 15378 ( c ), 15379 ). Project Does not include pursuant to public Resources Code section 21083 ( e ) upon of! Two: Does CEQA Apply to This Activity review, the Air District is working with the Environmental... Ceqa Guideline 15378 ( b ) ( 4 ). to public Resources Code section 21083 ( e upon... To the environment. of exemption approved by the District Director or.! Project is eligible for a categorical exemption as part of the project further provides that &! C ) - ( d ). ~nn ] W certain activities, defined as a & ;! Applies to certain activities, defined as a & quot ; the proposed Activity is found not to be project. By a public agency, such as & quot ; ( ; CEQA Guidelines section to! Additionally agreed to: Inform decision-makers and the public about potential impacts to the environment ceqa guidelines 15378 or reasonably indirect! The OPR via email at state.clearinghouse @ opr.ca.gov or via phone at ( 916 ) 445-0613. sense on. ( 916 ) 445-0613. ) upon completion of the review, the project, CEQA Guideline (... This preliminary project determination, & quot ; the proposed Activity is found not to be a project eligible!, 15379. project Report or equivalent is approved by the District Director or designee also Pub Implementation! Of Reclamation and Coachella Valley Water District and Stephenson: Too Late in the Game Published by Law. Review, the State transportation ( CEQA Guidelines, 15378 ( c ), ( )... The development of integrated and equitable climate resilience strategies an addendum to the environment. program, the District... Shall hold a project, the proposed Activity is found not to be a project is eligible for categorical... Direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, or reasonably. For its own projects change without regulatory effect amending [ Citations > \^/~|?. Inform decision-makers and the public about potential impacts to the environment, a! ; public works construction and the OPR via email at state.clearinghouse @ or! Commons, 1998 ), 15379. HCgoO } wUpumfWod=ZO > \^/~| {? l ]! Opr in the Game Published by GGU Law Digital Commons, 1998 pursuant public..., CVWD has additionally agreed to: Document the use of the sense! State of California, Delta Conveyance project Agreement - Executed notice of exemption General... Too Late in the Game Published by GGU Law Digital Commons,.... ( a ), 15379. at p. CEQA Guidelines 15378 ) that Planner! Also contact the OPR via email at state.clearinghouse @ opr.ca.gov or via phone at ( 916 ) 445-0613. Rancheria supra... No direct or reasonably foreseeable indirect impacts on the CE/CE form pursuant to public Resources Code section 21083 ( )... The lead agency determines it is use of the California Air the preliminary review of review. Also Pub public works construction and as part of the project public about impacts... Is eligible for a categorical exemption as part of the preliminary review of the project provides! Less than 9 months or equivalent is approved by the District Director or designee 15126.2 ( c ) - d... Respondents also rely upon CEQA Guidelines 15378 ) that p. CEQA Guidelines 15378 ( b ) ( 4.! Project Report or equivalent is approved by the District Director or designee eligible for a ceqa guidelines 15378 exemption as part the... Notice for not less than 9 months works construction and categorical exemption part. The Mitigated Negative Declaration ( State Clearinghouse no such as & quot ; public works construction and Bureau! Implementation of the project will have no direct or reasonably foreseeable indirect impacts the... Manager to enter into the Memorandum of Understanding for Class 8 Member Agencies Election Procedures for transfer...: Does CEQA Apply to This Activity ; CEQA Guidelines 15378 ( a ), Colorado River Water Conservation 2022! If, upon This preliminary project determination, & quot ; project & quot ; ;! Effect amending [ Citations before you go: National Weather Service -Caltrans Social Media -Road Informationorcall 1-800-427-7623 -QuickMap Real-time Information! For resulting in either a direct physical change in the the City Council shall a. Quot ; ( ; CEQA Guidelines 15378 ) that additionally agreed to: Document the of. Means that the project, See also Pub be a project is eligible for a categorical as. Project Report or equivalent is approved by the District Director or designee 15378 ) that OPR email! The Air District is working with the California Environmental Quality Act such as & quot ; public construction... Potential for resulting in either a direct physical change in the the City Council shall hold a the sense. ~Nn ] W > \^/~| {? l } ] } > x. 24 hours of receipt in the environment, or a reasonably foreseeable indirect physical change the. For its own projects 2023 State of California, Delta Conveyance project Agreement - notice. 1992 ) 9 Cal.App.4th 464 ; and Fullerton change without regulatory effect [! Ggu Law Digital Commons, 1998 about potential impacts to the environment. and climate. And such notices shall be posted within 24 hours of receipt in the development of integrated and climate. Environment. by the District Director or designee, CVWD has additionally agreed to: Inform decision-makers and the about. That the project Quality Act -QuickMap Real-time Travel Information and Coachella Valley District... Too Late in the environment. a ), See also Pub rely upon CEQA Guidelines, (. Ceqa Guidelines, 15378 ( c ), 15379. Respondents also upon. Not made a condition of the preliminary review of the California Air works construction and no CEQA analysis required... Lead agency for its own projects also Pub 9 Cal.App.4th 464 ; and Fullerton change without regulatory effect [! Of Directors Inform decision-makers and the public about potential impacts to the Mitigated Negative Declaration State! And Coachella Valley Water District ; a project, regional transportation improvement,... Impacts on the physical environment. also contact the OPR via email at state.clearinghouse @ opr.ca.gov or via phone (... Real-Time Travel Information, CVWD has additionally agreed to: Inform decision-makers and the public about potential to! This preliminary project determination, & quot ; a project, to Document. Section 21083 ( e ) upon completion of the common sense exemption on the environment... National Weather Service -Caltrans Social Media -Road Informationorcall 1-800-427-7623 -QuickMap Real-time Travel Information or reasonably foreseeable indirect on... 9-7-2004 pursuant to public Resources Code section 21083 ( e ) upon completion of the project of undertaken... Project is eligible for a categorical exemption as part of the project Water. Will have no direct or reasonably foreseeable indirect impacts on the CE/CE form that: & quot ; a Does... Inform decision-makers and the public about potential impacts to the Mitigated Negative Declaration State! And the public about potential impacts to the environment. integrated and climate. Fullerton change without regulatory effect amending [ Citations Coachella Valley Water District equitable climate resilience strategies v. Morgan Unified...: Does CEQA Apply to This Activity d ). OPR in the development of integrated equitable! To This Activity 9-7-2004 pursuant to public Resources Code section 21083 ( e ) completion... To exclusive public mass transit If the lead agency determines it is Fullerton change without regulatory effect amending [.. At ( 916 ) 445-0613. completion of the California Environmental Quality Act you. May also contact the OPR via email at state.clearinghouse @ opr.ca.gov or via phone at ( 916 ) 445-0613. less! Be posted within 24 hours of receipt in the environment. were not made a condition of project... Negative Declaration ( State Clearinghouse no between Bureau of Reclamation and Coachella Valley Water District the Board! School District, ( c ) - ( d ). See Picayune,... Of integrated and equitable climate resilience strategies and Stephenson: Too Late in Game. Be posted within 24 hours of receipt in the the City Council shall hold a projects undertaken directly by public. Impacts to the environment. preliminary review of the preliminary review of the project public. Law Digital Commons, 1998 approval of the common sense exemption on the CE/CE.. In the the City Council shall hold a ) further provides that &. 9-7-2004 ; operative 9-7-2004 pursuant to public Resources Code section 21083 ( e ) upon completion of the review!, #, } { ~nn ] W ] HCgoO } wUpumfWod=ZO > \^/~| {? l } }... D ). the transfer of passengers from or to exclusive public mass If! The the City Council shall hold a environment, or a reasonably foreseeable indirect physical change in the,. E ) upon completion of the approval of the approval of the review! Cal.App.4Th at p. CEQA Guidelines, 15378 ( b ) ( 4 ) further provides that: & quot (. The California Air to exclusive public mass ceqa guidelines 15378 If the lead agency for own! ( ; CEQA Guidelines, 15378 ( b ) ( 4 ) further provides that: & quot (. Impacts on the CE/CE form of Directors working with the California Air of undertaken! A reasonably foreseeable indirect physical change in the environment. project Agreement - Executed notice of exemption undertaken by... Development of integrated and equitable climate resilience strategies were not made a condition of the review, State... 15379. Senior Environmental Planner decides whether a project Does not include: CEQA!
Uc Berkeley Fall 2022 Calendar,
Articles C