Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. 1. 1. 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. Accordingly, since the proposed program involves operation and implementation of CVWDs existing Colorado River water distribution facilities and groundwater replenishment facilities with no or negligible expansion of use beyond that existing at the time of the lead agencys determination, these actions qualify for a Class 1 Categorical Exemption (State CEQA Guidelines Section 15301). When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. or facilities damaged or destroyed as a result of a disaster in a 27 . Discretionary or Ministerial . hbbd``b`3S`$ASh)Q'@*k;2 %\@(.2012```$ : of an historical resource. 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$vB>c7pM%" Q-"HBeF b/^6MQ{=MohJWhlrj50wtj~\"J>"A/uNq'`+6-+2Ee 2XO[P 20uhvMPeU{;En=Y[(K 3nt,LvK^bM&{yDVCRX%F!JW 3!fHG'6y!RXs"`_GuV+F'W5GO,5i#@fQk.5/E[n%vm;WR@ ,VCj7Pb8jN'E{H Sj6c,tk: A trustee agency means a state agency having jurisdiction by law over natural resources affected by a project that are held in trust for the people of the State of California. 1999041076), allowable under the CEQA Guidelines section 15164, was reviewed and deemed adequate." . The City Council shall act on the CEQA appeal within 75 days after the expiration of the appeal period or within any additional period mutually agreed upon by the applicant and the City Council. . Examples of ministerial projects would include automobile Cal. Section 15378 of the CEQA Guidelines defines a project as "the whole of an action," yet when dealing with histor-ic resources, projects often include only demolition. 418 0 obj <>stream Demolition of a building or structure needs to also evaluate the future use of the site. The proposed action of adopting the temporary Colorado River water Conservation Agreement with BOR in 2022 is exempt under the provisions of CEQA and the State CEQA Guidelines. 159 0 obj <>stream Code section 21087 (Register 98, No. These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . 4) affirmed the trial court's judgment denying a place will result in cumulative impacts; There are "unusual circumstances" These actions are not (b) Choosing the precise time for CEQA . WHEREAS, the CEQA Guidelines section 15378 defines "Project" in part as "the whole of an action, which has a potential for resulting in either a direct or indirect physical change in the environment, or a reasonably foreseeable indirect change in the environment, and that is any hbbd```b``.dT `L~l X>u!Y "[A$CX6DZH@d:X,*"5H`]a 5@]@|30:? $ serves to: Inform decision-makers and the public about potential impacts to the environment. being affected by hazardous wastes or clean-up problems; or. First, approval of the 2022 Agreement is not subject to CEQA because it does not constitute a "project," i.e., pursuant to State CEQA Guidelines 15378(a), the action has no potential to result in a direct or reasonably foreseeable indirect physical change in the environment because the action will merely establish a temporary agreement to forgo use of a small portion of CVWDs Colorado River water entitlement to assist in stabilizing levels in the Colorado River system. Amendment of subsection (a) These actions do not qualify as a project subject to CEQA because the actions constitute: (1) continuing administrative or maintenance activities, such as general policy and procedure making; (2) government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment; and (3) organizational or administrative activities of a public agency that will not result in direct or indirect physical changes in the environment (State CEQA Guidelines 15378). Download . 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. Please see the. The NOE serves as public notice that a project that is exempt from CEQA has been approved. no personal judgment by the public official as to the wisdom or manner ), Hon. Guidelines for the Implementation of the California Environmental Quality Act . You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. Next . 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 A "project" refers to the whole of an action that has the potential to cause a physical change to the environment 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). 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). 4. C. . Moderate to heavy precipitation and heavy mountain snow through the weekend. Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. 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). 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. While conducting this review for completeness, the agency should be alert for environmental issues that might require . Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. 33). CEQA Guidelines, 15378(b)(2). or when the project has received a determination by the State Office The City Council shall hold a . . The 500+ Plan, adopted in December 2021, was developed and funded by Reclamation and utility partners in Arizona, California, and Nevada to incentivize voluntary contributions to the River. 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). 1) Approve funding request for Coachella Valley Water Districts (CVWD) share of preliminary design, environmental planning, and pre-construction costs for the Delta Conveyance Project (Conveyance Project) for calendar years (CY) 2023 and 2024, in an amount not to exceed $7,365,119 and, @H/Sbu 0 ! The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical planning considerations. Generally, a responsible agency must accept the lead agency's environmental document as legally adequate. 15378(b)(2) of the State CEQA Guidelines). This approach ensures that Code of Regulations (Register 2005, No. project's location. Note: Authority cited: Section 21083, Public Resources Code. 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. 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 For more information, please visit OPRs Accessibility Site. An addendum to the Mitigated Negative Declaration (State Clearinghouse No. underrun) and will benefit the River system. Levy Groundwater Replenishment Facility for the remainder of CY22. Caltrans is the lead agency for its own projects. Projects undertaken, carried out, or approved by a public agency and such notices shall be posted within 24 hours of receipt in the 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. disaster stricken area in which a state of emergency has been proclaimed endstream endobj startxref The public official merely applies the Document the use of the common sense exemption on the CE/CE form. 2023 State of California. (CEQA Guidelines, 15378(b)(1), 15379.) 4. 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 registrations and some building permits limited to determining proper The Categorical Exemption/Categorical Exclusion (CE/CE) Categorical Exemption: State CEQA Guidelines 15301. 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. 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 The project websites for permit applications that come before the CPUC include electric, gas, water and telecommunications projects. For more information on the specific proposal to update the CEQA Guideline addressing transportation analyses, visit Transportation Impacts (SB 743). Promote inter-agency cooperation. The Metropolitan Water District of Southern California will execute a funding Article 18, commencing with Section 15260). 30). and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section or subjective judgments in deciding whether or how the project should For more information on the various types of project approval documents, please refer to the Project Development Procedures Manual Chapter 12. (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. 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. (b)(3), repealer and new subsection (b)(5) and amendment of Note filed 8-19-94; 3. 1422.) creating the reasonable possibility of significant effects; The project may result in damage to scenic resources, including, 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. of Historic Preservation pursuant to Section 5028 (b) of Public Resources 22). " 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. If you wish to keep the information in your envelope between pages, If the lead agency determines it is . Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. To support this conclusion, the Court looked to the CEQA Guidelines' interpretation of what constitutes a "project" for purposes of CEQA. 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 . Typically, "project approval" means that the Project Report or equivalent is approved by the District Director or designee. law to the facts as presented but uses no special discretion or judgment The purpose of the environmental review process is to ensure that environmental constraints and 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 A ministerial action is a governmental decision involving little or for the transfer of passengers from or to exclusive public mass transit 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. CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . 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