All separate permits and approvals for a particular project shall be considered together along with the underlying activity itself when determining the project's environmental If you wish to keep the information in your envelope between pages, 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. Accessing Verdicts requires a change to your plan. The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Documents Uploaded During the . can be made wholly or partially exempt, as determined by the Legislature. 4 0 obj (CEQA) and State and County CEQA Guidelines because the action is: (1) categorically exempt under Section 15301 of the CEQA Guidelines, Existing Facilities, as it involves . 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. 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 . 40, October 7, 2022. environment be significant. This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term, but this exclusion does not apply (i) if the anticipated period of time to conduct an environmental review of such a long-term project would create a risk to public health, safety or welfare, or (ii) if activities (such as fire or catastrophic risk mitigation or modifications to improve facility integrity) are proposed for existing facilities in response to an emergency at a similar existing facility. facility extensions not to exceed four miles in length which are required Copies of all such notices shall be available for public inspection f @o?bR5a}h#Tz]c734-8yEa5{N_M516) Ls26T!-ODi:bm=R97Bnd>GvdOn1"/z{o0>AK_|NCq9G;!O mNqI,3/N&Q)!}sf`lx{*7o'o k$'d`s^P\fs?;V4;O~'n}B\jzf}=)v;Nnm0. Local agencies may find this guidance useful for CEQA compliance for transportation projects for which they are the CEQA lead agency. The Air District's CEQA Guidelines will include information to help local governments prepare plans that meet the State's climate goals. Substances Control and the Secretary of the Environmental Protection for the transfer of passengers from or to exclusive public mass transit (CEQA Guidelines, 15378(b)(1), 15379.) 0 Fish and Wildlife Service, U.S. Army Corps of Engineers, U.S. Coast Guard, California Coastal Commission, park officials, U.S. Department of Interior/National Park Service, Advisory Council on Historic Preservation, and State Historic Preservation Officer to obtain agreement on expedited environmental processes to address the requirements of other federal and state environmental laws. 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. CATEGORICAL EXEMPTIONS 385 0 obj <> endobj Projects which require specific actions necessary to prevent or mitigate an emergency, can qualify for an exemption under CEQA (CEQA Guidelines 15269). Legal Analysis A ministerial action is a governmental decision involving little or will be able to access it on trellis. Please see the. Coachella Valley Water District (See, CEQA Guideline 15378(c).) 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. 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). 131-D (Certification of Public Necessity and Convenience (CPCN) or Permit to Construct (PTC)). Establishing a temporary agreement without any permanent change to the previously approved entitlements constitutes an organizational or administrative activity that will not result in a direct or indirect physical adverse change in the environment not previously analyzed. and resource evaluation activities needed for the environmental review and permitting do not result in any adverse impacts to an environmental resource. of which type of exemption; statutory, categorical (state which class), or common sense. We have notified your account executive who will contact you shortly. Projects to maintain, repair, restore, demolish, or replace property registrations and some building permits limited to determining proper ), 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.). When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. or landslide, provided that the project is within the existing Right-of-Way This exemption does not apply to highways designated as official 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 Your content views addon has successfully been added. This includes projects that will remove, destroy, or significantly CEQA. Additionally, the Air District is working with the California Air . 1280 0 obj <> endobj For more information on the various types of project approval documents, please refer to the Project Development Procedures Manual Chapter 12. 418 0 obj <>stream Adding your team is easy in the "Manage Company Users" tab. 14, 15060 (c)). 2. 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 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. 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 Similarly, if more than one government agency must grant an approval, only one CEQA document should be prepared. 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. 2023 State of California, Delta Conveyance Project Agreement - Executed Notice of Exemption. 2.2 What is a "Project" Under CEQA? (CVWD). Examples of ministerial projects would include automobile The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. Description section of CEQA documents. movement, or landslide. endstream endobj startxref (See Picayune Rancheria, supra, 229 Cal.App.4th at p. 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). or commuter service on high-occupancy vehicle lanes already in use, %%EOF 15378 - Project California Codes of Regulation| 15378 - 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 environment, and that is any of the following: 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). 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) Metropolitan's share of those costs, but do not commit Metropolitan to approving the DCP. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) 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. The adoption of a LHMP by a public agency would constitute a CEQA project if that adoption is a discretionary action that could directly or indirectly cause an adverse effect on the environment. The appropriate CE/CE formmust underrun) and will benefit the River system. by fire, flood, storm, earthquake, land subsidence, gradual earth CEQA. Authorize the General Manager to execute amendments to the Delta Conveyance Design and Construction Authority (DCA) Joint Powers Agreement; and serves to: Inform decision-makers and the public about potential impacts to the environment. guideway or busway public transit services; the development These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. 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. 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).) Copyright 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 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 Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. THE SUNSET LANDMARK INVESTMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PETITIONER VS CITY OF LOS ANGELES, A MUNICIPAL CORPORATION, ET AL. 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 work funded by this action is limited to pre-construction costs, so there is no possibility of any potential impacts to the environment. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. to projects with no significant environmental effect (see below). Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) Chapter 3. a categorical exemption is conditioned by limitations defined in the If the lead agency determines it is . Will YIGBYs say 'Hallelujah!' in 2023? 14 15332. Public Utilities Code Section 1001 et seq. v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton 27 . The Coachella Valley Water District (CVWD) is a State Water Project Contractor and its service area includes portions of Riverside, Imperial and San Diego counties. Generally, a responsible agency must accept the lead agency's environmental document as legally adequate. Code section 21087 (Register 98, No. (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. county clerk of each county in which the project will be located. These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . when new changes related to " are available. Delta Conveyance project Agreement - Executed Notice of exemption the environmental review permitting... Noe with the California Air, Delta Conveyance project Agreement - Executed Notice of exemption ; statutory categorical... State which class ), or common sense is the CEQA lead agency, filing the NOE with the.. 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