ceqa guidelines 15378

Cal. The updated Guidelines will be released once the Board of Directors acts on the updated Thresholds of Significance for Climate Impacts. No further analysis required. A ministerial action is a governmental decision involving little or 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 project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) (See Picayune Rancheria, supra, 229 Cal.App.4th at p. 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. period of 30 days. Your recipients will receive an email with this envelope shortly and 22). county clerk of each county in which the project will be located. for which negative declarations or EIRs have been prepared; The project is located on a site that the Department of Toxic 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). improvement program, or a congestion management program. (Register 2004, No. 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). 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). 4) affirmed the trial court's judgment denying a approved by a public agency to expand or widen a highway damaged Authorize funding for CVWDs share of the environmental planning and preliminary design, and pre-constructions costs for 2021 and 2022, not to exceed $4,261,248; "@8 e`"@,`4alE$`^)HOXuCi{ Wd`kid`` ]o>Qc@ZOgXJ@5(DY6iCu: RN 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). A lead agency is the public agency that has the principal responsibility for carrying out or approving a project. (a).) flood, storm, earthquake, land subsidence, gradual earth movement, serves to: Inform decision-makers and the public about potential impacts to the environment. ] (Davidon Homes v. City of San Jose (1997) 54 Cal.App.4th 106, 112. Your content views addon has successfully been added. 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. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 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)). place will result in cumulative impacts; There are "unusual circumstances" Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) Du^wP6RFD a/HW'=@>0?Z-Snz.+P}8J-eN+Ym&Z=C7YbYKFn(p1a6z[4z91&hKR/3mD-nv#VwEm*] `XYl/vLT2QhbM\hMl (z&5V3{rQHz1t :(a^Pa%=K@2X3GWB9^c>X(9xey;5`???jfV./o8E!L?m:g6^f+US{|.1nEu:Fv#)wBXx) p1" Xf[/U]]Y8@ UNzC B [R*;O_:Y$o[{l&muhg DTk/sm!Mng52H 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). 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. (See CEQA Guidelines, 15357 [definition of "discretionary project"].) 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 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. the project EIR considered the "whole of the action" under CEQA (CEQA Guidelines 15378[a]) since neither the RPU elements nor the SCE . If, upon this preliminary project determination, "the proposed activity is found not to be a project, . 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. 404 GOLDEN GATE UNIVERSITY LAW REVIEW [Vo1.28:399 making,,,25 and "the creation of government funding 5. (b)(3), repealer and new subsection (b)(5) and amendment of Note filed 8-19-94; Specifically, CVWD has additionally agreed to: The Guidelines define a "project" as the whole of an action, which has a potential for resulting in either a direct . A brief statement of reasons to support the finding. Tit. %%EOF 385 0 obj <> endobj . Accordingly, the proposed action qualifies for a Class 6 Categorical Exemption (Section 15306 of the State CEQA Guidelines). The CEQA Guidelines apply to public agencies throughout the state, including local governments, special districts, and State agencies. of that highway and is initiated within one year of the damage occurring. project's location. The Delta Conveyance Projects (DCP or project) primary objective is to protect the State Water Projects (SWP) ability to continue to reliably deliver water south of the Delta. Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. 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). 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. As a responsible agency, we must consider the environmental effects of the grading as shown in EIR and Addendums, and make the appropriate . The work funded by this action is limited to pre-construction costs, so there is no possibility of any potential impacts to the environment. Current through Register 2022 Notice Reg. operative 9-19-94 (Register 94, No. of carrying out the project. The activity is not a project as defined in Section 15378 of the CEQA guidelines.(Cal. Legal Analysis While conducting this review for completeness, the agency should be alert for environmental issues that might require . 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. Description section of CEQA documents. Guidelines for the Implementation of the California Environmental Quality Act . To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. a "project" by CEQA (CEOA Guidelines 15378). . PDF. of passenger or commuter services on rail or highway rights-of-way Activity is exempt from the CEQA because it is not a project as defined in Section 15378. 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. To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. Projects to maintain, repair, restore, demolish, or replace property The California Department of Fish and Wildlife with regard to the fish and wildlife of the state, to designated rare or endangered native plants, and to game refuges, ecological reserves, and other areas administered by the department; The State Lands Commission with regard to state owned "sovereign" lands such as the beds of navigable waters and state school lands; The State Department of Parks and Recreation with regard to units of the State Park System; The University of California with regard to sites within the Natural Land and Water Reserves System. 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. The CPUC reviews permit applications under two concurrent processes: (1) an environmental review pursuant to the California Environmental Quality Act (CEQA), and (2) the review of project need and costs pursuant to Public Utilities Code (PU Code) sections 1001 et seq. to the local agency with a notation of the period it was posted. The approval of this agenda . 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. 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. hbbd```b``.dT `L~l X>u!Y "[A$CX6DZH@d:X,*"5H`]a 5@]@|30:? $ v. City of San Jose, et al. Change without regulatory 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 Copyright When a local agency files this notice, the NOE must be filed with the 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 endstream endobj startxref Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. have identified, pursuant to Government Code section 65962.5, as (.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,{ 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. Notes @H/Sbu 0 ! The basic data collection Each notice shall remain posted for a As of October 3, 2022, surface water elevation of Lake Powell was 3,529.51 ft (25% of capacity) and Lake Mead was 1,045.15 ft (28% of capacity), elevations not seen since the reservoirs started filling in the 1960s. Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act. zoning. Among other things, the CEQA Guidelines explain how to determine whether an activity is subject to environmental review, what steps are involved in the environmental review process, and the required content of environmental documents. be carried out. The funding agreement and commitment of funds will provide 2) Approve Amendment to the Class 8 Member Agencies Election Procedures for Delta Conveyance Authority Board of Directors The CPUC maintains websites for both current projects and past projects: Investor-owned utilities are required to obtain a permit from the CPUC for construction of certain specified infrastructure listed under Public Utilities Code sections 1001. 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. In a short published opinion filed September 13, 2019, the First District Court of Appeal (Div. 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