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).) Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act. Article 18, commencing with Section 15260). (See CEQA Guidelines, 15357 [definition of "discretionary project"].) creating the reasonable possibility of significant effects; The project may result in damage to scenic resources, including, Section 15332 - In-Fill Development Projects. Section 15060 - Preliminary Review. Code. CATEGORICAL EXEMPTIONS Local agencies may find this guidance useful for CEQA compliance for transportation projects for which they are the CEQA lead agency. %PDF-1.6 % Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. In an opinion filed on December 16, 2021, and belatedly ordered published on January 13, 2022, the Fourth District Court of Appeal rejected a CEQA challenge to a small multifamily project in the City of Santa Cruz. 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 Picayune Rancheria, supra, 229 Cal.App.4th at p. Send Print Report. or commuter service on high-occupancy vehicle lanes already in use, Christine Asiata Rodriguez, is the Manager of the State Clearinghouse (SCH) at the Governors Office of Planning and Research (OPR). ), 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.). '.!2O{_@ ;#A[QK$Z'E A,0^J4{ S4v\NBY d0 Code Regs. Please see the. Examples of ministerial projects would include automobile (a).) Code Regs., tit. 1G@oi0Zl>:m|x%smD\Y!$7qJDmJo6xs7 $Dj d#{` ] Posted in , , CEQA Guidelines, , Land Use, Litigation, Mitigation, Project Description, Standard of Review, Water Supply. (a) A lead agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. (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. Specific actions necessary to prevent or mitigate an emergency. 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? 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. (CEQA Guidelines, 15378(b)(1), 15379.) The project and successive projects of the same type in the same 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. (b) A project is exempt from CEQA if: (1) The project is exempt by statute (see, e.g. 1422.) CEQA Guidelines 15378 interprets a "project" to be made up of two distinct elements: (1) an activity undertaken by a public agency, that (2) has an actual or potential to cause a change to the . An emergency exemption under CEQA does not necessarily remove Caltrans responsibility to comply with other state laws nor does it have any bearing on compliance with federal laws. 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) 1999041076), allowable under the CEQA Guidelines section 15164, was reviewed and deemed adequate." . Any state or federal permit or consultation requirements should be noted. The City Council shall hold a . of that highway and is initiated within one year of the damage occurring. 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. effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to 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). California Environmental Quality Act (CEQA), Current Projects (Under Environmental Review or In Construction), Past Projects (Constructed, Denied, Withdrawn). Information on the regulations implementing the California Environmental Quality Act (CEQA). 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). 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 creation of government funding mechanisms or 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." try clicking the minimize button instead. Preliminary Review of Projects and Conduct of Initial Study 15061. Review for Exemption (a) Once a lead agency has determined that an activity is a project subject to CEQA, a lead agency shall determine whether the project is exempt from CEQA. Caltrans documents its determination that a project meets the criteria of a categorical exemption by completing the CE/CE form and retaining it in the project file. Code Regs., tit. Upon completion of the review, the Project . classes of projects which have been determined not to have a significant An addendum to the Mitigated Negative Declaration (State Clearinghouse No. Prevent or reduce environmental impacts. Document the use of the common sense exemption on the CE/CE form. 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 4 0 obj 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). " 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. 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). Typically, "project approval" means that the Project Report or equivalent is approved by the District Director or designee. Article 19. disaster stricken area in which a state of emergency has been proclaimed A participation level of 3.78% share associated with the Delta Conveyance Project; COUNTY OF VENTURA, ET AL. In a short published opinion filed September 13, 2019, the First District Court of Appeal (Div. HARLAN, SUSAN C 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. 1. Note: Authority cited: Section 21083, Public Resources Code. These actions are not environment be significant. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. %PDF-1.3 by clicking the Inbox on the top right hand corner. 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. 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. (See, CEQA Guideline 15378(c).) The work funded by this action is limited to pre-construction costs, so there is no possibility of any potential impacts to the environment. or facilities damaged or destroyed as a result of a disaster in a % Projects which require specific actions necessary to prevent or mitigate an emergency, can qualify for an exemption under CEQA (CEQA Guidelines 15269). 44). Your subscription has successfully been upgraded. Similarly, if more than one government agency must grant an approval, only one CEQA document should be prepared. P(6:2zlOO8AP$LaSbT0)ny@ZV23e6d/p&+J7Y6(\05&nU]>s`XY p k|LgA]@| Cal. The California Natural Resources Agency, with assistance from OPR, completed a comprehensive update to the CEQA Guidelines in late 2018. The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Documents Uploaded During the . Resources Code, 2106 ; CEQA Guidelines, 15378.) A trustee agency means a state agency having jurisdiction by law over natural resources affected by a project that are held in trust for the people of the State of California. The project may cause a substantial adverse change in the significance Projects that the Legislature has determined should be exempted from Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. (CEQA Guidelines 15378(a), (c)-(d).) The approval of this agenda . The CEQA Guidelines apply to public agencies throughout the state, including local governments, special districts, and State agencies. Guidelines for the Implementation of the California Environmental Quality Act . 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. 4. Coachella Valley Water District - Coachella, CA. of carrying out the project. 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. Caltrans is the lead agency for its own projects. 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. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. Categorical Exemptions SECTIONS 15300 TO 15332 15300. Metropolitan's share of those costs, but do not commit Metropolitan to approving the DCP. ]AfQk(K VO place will result in cumulative impacts; There are "unusual circumstances" Not a project: State CEQA Guidelines 15378(a) and (b)(5). (CEQA), Auguscik, Robert D. et al vs. Costco Wholesale Corporation, OPPOSITION TO DEFENDANTS' DEMURRER FILED BY RICARDO A MARTINEZ, ALICIA CAB, RICARDO A MARTINEZ ETAL VS THE CITY OF SAN CARLOS, Answer (Unlimited) Answer TO COMPLAINT - Answer (Unlimited), PETER JOSHUA vs. SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY, A REGION, CITY OF SOUTH PASADENA VS METROPOLITAN TRANSIT AUTHORITY, SAVE 30TH STREET PARKING VS CITY OF SAN DIEGO [E-FILE], CITIZENS FOR POSITIVE GROWTH & PRESERVATION VS. CITY OF SACRAMENTO. The project site is environmentally sensitive as defined by the Your alert tracking was successfully added. office of the county clerk. being affected by hazardous wastes or clean-up problems; or. (b) Choosing the precise time for CEQA . Mitigation measures were not made a condition of the approval of the project. CVWD has made a determination that it is possible to conserve Colorado River water in CY22 under an existing Reclamation program. A project that is ordinarily insignificant hbbd``b`3S`$ASh)Q'@*k;2 %\@(.2012```$ : have identified, pursuant to Government Code section 65962.5, as 37). flood, storm, earthquake, land subsidence, gradual earth movement, ], 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) Additional objectives include making the SWP more resilient to the impacts of climate change and extreme weather events, minimize the impacts from earthquakes (delivery quantity and quality), and providing SWP operational flexibility to improve aquatic conditions and better manage risks of additional future regulatory constraints on project operations 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 Section 3. 2019, decision in Union of Medical Marijuana Patients, Inc. v. City of San Diego, finding that a San Diego ordinance restricting the location of medical marijuana facilities constituted a "project" for purposes . A responsible agency is any public agency other than Caltrans that has discretionary approval power over the project. county clerk of each county in which the project will be located. formcan be used to describe the project and indicate that it is A brief statement of reasons to support the finding. "Emergency" includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage." Authorize the General Manager to execute amendments to the Delta Conveyance Design and Construction Authority (DCA) Joint Powers Agreement; and Change without regulatory effect amending "@8 e`"@,`4alE$`^)HOXuCi{ Wd`kid`` ]o>Qc@ZOgXJ@5(DY6iCu: RN 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 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.). . Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. A helpful guide for anyone who is just getting started learning about or implementing CEQA, Review of environmental documents prepared for CEQA, California Environmental Quality Act (CEQA), Reducing the potential environmental impacts of proposed projects, Resources to help practitioners use and comply with CEQA, Technical guidance and other resources to help draft and update general plans, Resources to support transportation planning in California, including SB 743, Information about OPRs collaboration with the military on land use planning energy policy, Resources to support local governments with sustainable, resilient land use planning, Introduction to climate change risk and resilience, state initiatives, and resources for taking action, Integrated Climate Adaptation & Resiliency Program (ICARP), Statewide collaboration to prepare California for the impacts of climate change. 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