Whereas CEQA Guidelines section 15378 (b)(4) further provides that: "A project does not include . 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. of an historical resource. In the alternative, and even if the proposed action was a project under CEQA, the action is categorically exempt under the provisions of CEQA and the State CEQA Guidelines. The approval of this agenda . 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. . hb```nA^A1A[ d4: This program will not result in expansion of use of CVWDs existing Colorado River water distribution system or groundwater recharge facilities. %PDF-1.6 % 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). Therefore, responsible agencies must participate early and actively in the lead agency's CEQA process to ensure its concerns are met. a categorical exemption is conditioned by limitations defined in the 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). Chapter 3. 1G@oi0Zl>:m|x%smD\Y!$7qJDmJo6xs7 approved, not to each government approval (State CEQA Guidelines Section 15378(c)). DWR proposed the DCP and initiated the required California Environmental Quality Act environmental review in January 2020, and it has a contract with the DCA for engineering and design work needed to support that review and other pre-construction planning. CEQA compliance when the local jurisdiction is the lead agency. We will email you Under CEQA, "projects" must be discretionary, public agency actions which have the potential of affecting the environment. Article 5. Not a project: State CEQA Guidelines 15378(a) and (b)(5). 1. Discretionary or Ministerial . Such exceptions may apply under the following circumstances: If a project is not statutorily exempt and a categorical exemption does not apply, it may qualify for the common sense exemption (CEQA Guidelines 15061(b)(3)). CEQA Guidelines, 15378(a) Reasons for Exemption. Categorical Exemption: State CEQA Guidelines 15301. Discover key insights by exploring f @o?bR5a}h#Tz]c734-8yEa5{N_M516) Ls26T!-ODi:bm=R97Bnd>GvdOn1"/z{o0>AK_|NCq9G;!O mNqI,3/N&Q)!}sf`lx{*7o'o k$'d`s^P\fs?;V4;O~'n}B\jzf}=)v;Nnm0. 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 (Guidelines, 15378, subd. Caltrans is the lead agency for its own projects. A project that is ordinarily insignificant 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. The project and successive projects of the same type in the same To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. 2j~xF@zBF}U}6hJ@z)pw^630\&)&)%! zhuCL`DP]49h]8~iPb'`A{ Iq?Z 7MVtVu0h0>|(L- {v RW]f8G?M_PWW`R%Jxf`n~)U#d`PANM2tsCnjfM%Sq~+n"S:?N`D&qSQsPTWksG}f>%lk1 `-x@,"D &H*zQYaK~O`^*&'D`ptlUm,ff,EkGY?[D5 O\.gDlbHz>1*BBA{- B]Z4+y4B .8[M+W"#0l?!|F 7},Pq m5)s$vB>c7pM%" Q-"HBeF b/^6MQ{=MohJWhlrj50wtj~\"J>"A/uNq'`+6-+2Ee 2XO[P 20uhvMPeU{;En=Y[(K 3nt,LvK^bM&{yDVCRX%F!JW 3!fHG'6y!RXs"`_GuV+F'W5GO,5i#@fQk.5/E[n%vm;WR@ ,VCj7Pb8jN'E{H Sj6c,tk: California Environmental Quality Act (CEQA), Current Projects (Under Environmental Review or In Construction), Past Projects (Constructed, Denied, Withdrawn). 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. 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 . 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). State CEQA Guidelines section 15378. o. The California Legislature has the power to create exemptions from When a local agency files this notice, the NOE must be filed with the 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. of carrying out the project. 2.2 What is a "Project" Under CEQA? (See Picayune Rancheria, supra, 229 Cal.App.4th at p. zoning. The notice is filed with the SCH via CEQA Submit. These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . endstream endobj 1281 0 obj <>/Metadata 47 0 R/Names 1304 0 R/PageLabels 1271 0 R/Pages 1273 0 R/StructTreeRoot 214 0 R/Type/Catalog/ViewerPreferences<>>> endobj 1282 0 obj <. 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 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. 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. (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. No specific physical location. When Your recipients will receive an email with this envelope shortly and &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. hbbd```b``.dT `L~l X>u!Y "[A$CX6DZH@d:X,*"5H`]a 5@]@|30:? $ seq. Amendment of subsection (a) The funding agreement and commitment of funds will provide No. 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 effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to Responsible agencies must actively participate in the lead agency's CEQA process and consider the lead agencys environmental document prior to acting upon or approving the project. The appropriate CE/CE formmust (CVWD), Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and Coachella Valley Water District. 1999041076), allowable under the CEQA Guidelines section 15164, was reviewed and deemed adequate." . Thus, even if the Lead Agency needs to grant more than one approval for a project, only one CEQA document should be prepared. Encourage public participation in the process. creating the reasonable possibility of significant effects; The project may result in damage to scenic resources, including, 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 . hko\Gr|Ba/|WvYXJ`0h H G$eJ$ xNONuw:. Notes The CEQA Section also administers mitigation monitoring plans and participates in other agencies' review of investor-owned utility-related projects. Copyright endstream endobj startxref Section 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. (.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,{ Executive Order 12372 and federal grant resources, Key resources for understanding and implementing CEQA, Information on how transportation impacts are analyzed under CEQA, Judicial streamlining for Environmental Leadership Development Projects (SB7 and AB900). If the activity is not a "project," then CEQA does not apply. 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 6. 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. of passenger or commuter services on rail or highway rights-of-way v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton 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).) 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. amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Message - California Code of Regulations. it, too will have no direct or reasonably foreseeable indirect impacts on the physical environment. Your credits were successfully purchased. Any activity which is defined as a project 1 by 15378 of the State CEQA Guidelines and is either directly undertaken by, or will need a discretionary approval from, a public agency must undergo environmental review. facilities; a project for the institution or increase of passenger A participation level of 3.78% share associated with the Delta Conveyance Project; serves to: Inform decision-makers and the public about potential impacts to the environment. A "project" is an activity "which has a . Amendment of subsections (b)(1)-(5) and Your subscription was successfully upgraded. ] (Davidon Homes v. City of San Jose (1997) 54 Cal.App.4th 106, 112. In order to help improve the reliability of its imported water supply, CVWD agreed to participate with the State Department of Water Resources (DWR) development of the Delta Conveyance Project in 2020. hbbd``b`3S`$ASh)Q'@*k;2 %\@(.2012```$ : Where those impacts may be significant, the city or county must prepare an environmental impact report . 2) Approve Amendment to the Class 8 Member Agencies Election Procedures for Delta Conveyance Authority Board of Directors agency, it is required to comply with CEQA when it undertakes an activity or makes a discretionary decision on a permit or approval, which is defined as a "project" by CEOA (CEQA Guidelines 15378). A "project" refers to the whole of an action that has the potential to cause a physical change to the environment (direct or indirect), and requires discretionary action from the public agency (exercises its judgment in deciding whether and how to approve or carry out a project ). Change without regulatory 30). It is estimated that the contribution volume will be approximately 10,000 acre feet (af). including the modernization of existing stations and parking facilities; To support this conclusion, the Court looked to the CEQA Guidelines' interpretation of what constitutes a "project" for purposes of CEQA. ), Activities which are not projects as defined by section 15378 are not subject to CEQA review. 4) affirmed the trial court's judgment denying a Furthermore, where 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 (Section 1506l(b)(3) of the State CEQA Guidelines). Code Regs., tit. 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 or facilities damaged or destroyed as a result of a disaster in a Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) Section 3. Projects which require specific actions necessary to prevent or mitigate an emergency, can qualify for an exemption under CEQA (CEQA Guidelines 15269). 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 Please see the Emergency Projects and Environmental Compliance pagefor additional information. 14, 15060 (c)). 15378 The Categorical Exemption/Categorical Exclusion (CE/CE) will be able to access it on trellis. in codes other than the Public Resources Code. 0 The CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) are administrative regulations governing implementation of the California Environmental Quality Act. CCR 15378. hbbd``b`oA $@Jz"2@ the requirements of CEQA, and projects which fall under such exemptions This includes projects that will remove, destroy, or significantly 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). Similarly, if more than one government agency must grant an approval, only one CEQA document should be prepared. Authorized the remaining unspent funds collected per the 2018 Gap Funding Agreement for the California WaterFix (WaterFix Project) (~$1,239,092) to be applied as a credit for CVWDs share of to the Delta Conveyance Project HARLAN, SUSAN C Your subscription has successfully been upgraded. An addendum to the Mitigated Negative Declaration (State Clearinghouse No. 385 0 obj <> endobj Prevent or minimize damage to the environment through . 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. Code Regs. improvement program, or a congestion management program. Prevent or reduce environmental impacts. CVWD proposes to continue funding to complete the last two years (CY 2023 and 2024) of the planning phase. Each notice shall remain posted for a . 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). movement, or landslide. A "project" has two essential elements. . $Dj d#{` ] Consider: Motion to Adopt a Resolution Declaring Certain Properties as Exempt Surplus Land and Non Surplus Land, as Defined in Government Code 54221(b); and Authorizing the Filing of the Inventory List Establishing the Town's Inventory in Compliance with Government Code 54230(a)(1) Pursuant to CEQA Guidelines 15378 and 15061(b)(3). Exemption/Categorical Exclusion ( CE/CE ) will be able to access it on trellis @ zBF U. 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