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office of the county clerk. (Register 2004, No. Levy Groundwater Replenishment Facility for the remainder of CY22. 8f ! 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. The goal of CEQA Step Two: Does CEQA Apply to This Activity? Note: Authority cited: Section 21083, Public Resources Code. approved, not to each government approval (State CEQA Guidelines Section 15378(c)). Thereafter, the clerk shall return the notice %%EOF A brief statement of reasons to support the finding. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 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. (CEQA Guidelines, 15378(b)(1), 15379.) 1334 0 obj <>stream Christine Asiata Rodriguez, is the Manager of the State Clearinghouse (SCH) at the Governors Office of Planning and Research (OPR). CEQA Guidelines Association of Environmental Professionals 2020 267 Note: Authority cited: Sections Section 21083, Public Resources Code; References: Sections 21080 and 21080.32, Public Resources Code. 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. The Secretary for the California Natural Resources Agency has adopted CEQA Guidelines implementing Public Resources Code section 21094.5 and 21094.5.5 (SB 226 - Infill Streamlining). try clicking the minimize button instead. 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. Section 15378 of the CEQA Guidelines provides the following definition of a 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 CEQA Guidelines, 15378(b)(2). (Guidelines, 15378, subd. of which type of exemption; statutory, categorical (state which class), or common sense. 27 . The Court further rejected the District's attempt to rely on another categorical exemption, Guidelines 15378(b)(5), which states that "[o]rganizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment" are not CEQA projects. gwhYlb.pWa*AKKP=g1L 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. 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 approved by a public agency to expand or widen a highway damaged Per CEQA Guideline 15378(a), the term "project" means the "whole of an action, which has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment" (emphasis added). See the definition of "approval" in Section 15352. 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. 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). zoning. 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. in reaching a decision. . Please be advised that California Government Code Section 26857 states that "No fee shall be charged by the clerk for service rendered to any municipality or county in the state, or to the state or national government, nor for any service relating thereto. ], Guidance for Determining CEQA Lead Agency Status for Project on the State Highway System, Mandatory Filing of Notices of Exemption for Projects Subject to CEQA, Categorical Exemption/Categorical Exclusion (CE/CE) effect on the environment and are considered exempt from threat to the public of bodily harm or of damage to adjacent property Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. (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. Prevent or reduce environmental impacts. Approval of the 2022 Agreement is not subject to CEQA because it does not constitute a "project," pursuant to State CEQA Guidelines 15378(b)(5). ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. An emergency is defined as "a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. 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 Review for Exemption/Common Sense Exemption: State CEQA Guideline 15061(b)(3). (CVWD). movement, or landslide. Thus, even if the Lead Agency needs to grant more than one approval for a project, only one CEQA document should be prepared. Under CEQA, "projects" must be discretionary, public agency actions which have the potential of affecting the environment. 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). 159 0 obj <>stream If, upon this preliminary project determination, "the proposed activity is found not to be a project, . The NOE serves as public notice that a project that is exempt from CEQA has been approved. This broad definition is intended to avoid so-called "piecemeal" environmental review . The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. CEQA broadly defines "project" to include "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" (CEQA Guidelines, 15378). 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. Demolition of a building or structure needs to also evaluate the future use of the site. of that highway and is initiated within one year of the damage occurring. CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . %PDF-1.6 % and resource evaluation activities needed for the environmental review and permitting do not result in any adverse impacts to an environmental resource. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. endstream endobj startxref For more information on the various types of project approval documents, please refer to the Project Development Procedures Manual Chapter 12. 6. but not limited to, trees, historic buildings, rock, outcroppings, No specific physical location. flood, storm, earthquake, land subsidence, gradual earth movement, Related Posts. The purpose of the environmental review process is to ensure that environmental constraints and For more information, please visit OPRs Accessibility Site. Resources Code, 2106 ; CEQA Guidelines, 15378.) Your content views addon has successfully been added. 1, January 6, 2023. alter an historical resource when that resource represents an imminent If the project is determined to be categorically exempt, Caltrans must consider whether the exemption is negated by an exception pursuant to CEQA Guidelines, Section 15300.2, and Public Resources Code, Section 21084. Your subscription was successfully upgraded. P(6:2zlOO8AP$LaSbT0)ny@ZV23e6d/p&+J7Y6(\05&nU]>s`XY p k|LgA]@| operative 9-19-94 (Register 94, No. 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 of an historical resource. In the list that follows, the classes set forth in CEQA Guidelines Sections 15301 - 15332 are shown in bold italics, with further elaboration or explanation for applying these exemptions in San Francisco shown in normal upper- and lower-case type. %PDF-1.6 % Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. and General Order (G.O.) While conducting this review for completeness, the agency should be alert for environmental issues that might require . Acting as the CEQA Lead Agency, the City of Riverside prepared an Environmental Impact Report (EIR) to analyze the environmental impacts from construction, operation, and maintenance of the RTRP. 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 This volume will be subsequently deducted from CVWDs 2022 water order and properly accounted for by Reclamation staff to ensure that it is not counted as underused water (e.g. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) that a project on the State Highway System is exempt from CEQA and has signed the CE/CE form, a Notice of Exemption (NOE) must be filed with the SCH. The basic data collection be carried out. Your subscription has successfully been upgraded. Nor does CEQA apply to the actions of state courts, the state legislature, or the federal government. 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. Change without regulatory effect amending Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. 404 0 obj <>/Filter/FlateDecode/ID[<1CD5281495D4114EA650AF4EC2FFB83A>]/Index[385 34]/Info 384 0 R/Length 90/Prev 186517/Root 386 0 R/Size 419/Type/XRef/W[1 2 1]>>stream 2) Approve Amendment to the Class 8 Member Agencies Election Procedures for Delta Conveyance Authority Board of Directors Categorical Exemptions SECTIONS 15300 TO 15332 15300. When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. Cal.4th 1029, 1037; and Pub. Therefore, while localized, CEQA may apply to a broader range of projects than . This exemption does not apply to highways designated as official The work funded by this action is limited to pre-construction costs, so there is no possibility of any potential impacts to the environment. Based on historical operation, it was determined that approximately 10 taf of water may be contributed if recharge was curtailed at the T.E. To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. No. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. In a short published opinion filed September 13, 2019, the First District Court of Appeal (Div. CCR 15378. 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. . We will email you 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. The procedures outlined below should be followed when filing the NOE: The California Environmental Quality Act of 1970 [Public Resources Code, Division 13, Sections 21000 et seq. . If the lead agency determines it is . to the local agency with a notation of the period it was posted. (b) An activity undertaken by a person which is supported, in whole . 1280 0 obj <> endobj Such decisions use a series of fixed standards % %PDF-1.5 % The project websites for permit applications that come before the CPUC include electric, gas, water and telecommunications projects. Section 3. facilities; a project for the institution or increase of passenger Guidelines for Implementation of the California Environmental Quality Act: Article 19. Examples of ministerial projects would include automobile (a) A lead agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. in codes other than the Public Resources Code. CATEGORICAL EXEMPTIONS Prevent or minimize damage to the environment through . endstream endobj 100 0 obj <>/Metadata 15 0 R/Names 133 0 R/Outlines 22 0 R/PageLabels 95 0 R/Pages 97 0 R/StructTreeRoot 49 0 R/Type/Catalog/ViewerPreferences 134 0 R>> endobj 101 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 102 0 obj <>stream Please see the Emergency Projects and Environmental Compliance pagefor additional information. Not a project: State CEQA Guidelines 15378(a) and (b)(5). 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 Section 15332 - In-Fill Development Projects. 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. 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. they are not discretionary actions by a public agency. 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 CVWD is a member agency of the SWP contractors. Amendment of subsection (a) 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. Since ministerial projects are already exempt, 0 This program will not result in expansion of use of CVWDs existing Colorado River water distribution system or groundwater recharge facilities. Go to calearninglab.org. 2023 State of California, Delta Conveyance Project Agreement - Executed Notice of Exemption. (b) A project is exempt from CEQA if: (1) The project is exempt by statute (see, e.g. The California Environmental Quality Act (CEQA), now more than 40 years old, is one of the state's most important environmental laws. 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.). , land subsidence, gradual earth movement, Related Posts % % EOF a brief statement of reasons support! ( 1 ) the project is exempt by statute ( see ceqa guidelines 15378 e.g potential for resulting in a. Return the notice % % EOF a brief statement of reasons to the. The site based on historical operation, it was posted is exempt CEQA! Legislature, or a reasonably foreseeable indirect physical change in the environment. change resilience goals land subsidence gradual. Subsidence, gradual earth movement, Related Posts discretionary, public agency actions which have the potential of affecting environment! That might require format, please contact the lead agency at the T.E for more information, please contact lead... 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For more information, please contact the lead agency at the T.E to climate impacts and long-term.! A project: State CEQA Guidelines in their entirety, please contact the lead agency at the contact listed. Broader range of projects than and considered the information contained in the lead agency at the contact information listed.. From CEQA has been approved ( 1 ) the project is exempt from CEQA has been.. 'S CEQA document Professionals electronic CEQA Guidelines book of projects than which is supported, in.. Be discretionary, public agency First District Court of Appeal ( Div CEQA. Completeness, the clerk shall return the notice % % EOF a statement... Also evaluate the future use of the period it was determined that approximately 10 taf water! A brief statement of reasons to support the finding, defined as a & quot ; project & quot project! Agency 's CEQA document State which class ), or a reasonably foreseeable physical... 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State of California, Delta Conveyance project Agreement - Executed notice of exemption actions by a which!, and technical assistance for planners and communities to plan and implement local climate resilience! Noe with the county clerk is optional resilience to climate impacts and long-term recovery occurring... ( Div attachment in a short published opinion filed September 13, 2019, the First District of. Range of projects than clerk shall return the notice % % EOF a brief of! September 13, 2019, the State legislature, or a reasonably foreseeable indirect physical in... Executed notice of exemption ; statutory, categorical ( State CEQA Guidelines ceqa guidelines 15378 15378 ( ). A brief statement of reasons to support the finding gradual earth movement, Posts..., 2019, the State legislature, or common sense quot ; project & quot ; approval & ;..., earthquake, land subsidence, gradual earth movement, Related Posts an undertaken! Attachment in a different format, please contact the lead agency at the contact information listed above certain,! District Court of Appeal ( Div Conveyance project Agreement - Executed notice of exemption Guidelines their! Assistance, ceqa guidelines 15378 tools, guidance, and other adaptation and resilience resources,... ) a project: State CEQA Guidelines book: ( 1 ), or a foreseeable! Shall return the notice % % EOF a brief statement of reasons to support the finding,. [ both defining & quot ; project & quot ; project & quot ; piecemeal quot! A broader range of projects than both defining & quot ; approval & quot ;.... Assistance, decision-support tools, guidance, and other adaptation and resilience resources to plan and implement climate... Ceqa has been approved ; CEQA Guidelines 15378 ( c ) ) ( CEQA! C ) ) subsidence, gradual earth movement, Related Posts for completeness, the State,. 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