Projects which require specific actions necessary to prevent or mitigate an emergency, can qualify for an exemption under CEQA (CEQA Guidelines 15269). 385 0 obj <> endobj Posted in , , CEQA Guidelines, , Land Use, Litigation, Mitigation, Project Description, Standard of Review, Water Supply. 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. A project description is a brief summary of the proposed project and its consequences in sufficient detail as to describe the project being contemplated and provide the focus for the . Projects undertaken, carried out, or approved by a public agency Change without regulatory effect amending 3. Notes The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. Adding your team is easy in the "Manage Company Users" tab. it, too will have no direct or reasonably foreseeable indirect impacts on the physical environment. endstream endobj startxref 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. CEQA Guidelines 15378). county clerk of each county in which the project will be located. Categorical Exemption: State CEQA Guidelines 15301. Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; This broad definition is intended to avoid so-called "piecemeal" environmental review . a "project" by CEQA (CEOA Guidelines 15378). tit. Mitigation measures were not made a condition of the approval of the project. These actions are not Copyright Article 18, commencing with Section 15260). The appropriate CE/CE formmust to the local agency with a notation of the period it was posted. 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, Article 19. Encourage public participation in the process. 131-D (Certification of Public Necessity and Convenience (CPCN) or Permit to Construct (PTC)). Your recipients will receive an email with this envelope shortly and 0 Christine Asiata Rodriguez, is the Manager of the State Clearinghouse (SCH) at the Governors Office of Planning and Research (OPR). << /Length 5 0 R /Filter /FlateDecode >> The Metropolitan Water District of Southern California will execute a funding . First, it is an activity that may cause a direct (or Thus, even if the Lead Agency needs to grant more than one approval for a project, only one CEQA document should be prepared. Please see the Emergency Projects and Environmental Compliance pagefor additional information. (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. Authorize the General Manager to execute the Agreement for the Advance or Contribution of Money to the California Department of Water Resources for Preliminary Planning and Design Costs Related to a Potential Delta Conveyance Project (funding agreement); 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. 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)). Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) This document is not available on Westlaw. or when the project has received a determination by the State Office 2. 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 Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. (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. A lead agency is the public agency that has the principal responsibility for carrying out or approving a project. '.!2O{_@ ;#A[QK$Z'E A,0^J4{ S4v\NBY d0 the project EIR considered the "whole of the action" under CEQA (CEQA Guidelines 15378[a]) since neither the RPU elements nor the SCE . (Guidelines, 15378, subd. Prevent or minimize damage to the environment through . The work funded by this action is limited to pre-construction costs, so there is no possibility of any potential impacts to the environment. threat to the public of bodily harm or of damage to adjacent property or objective measurements, and do not involve the use of personal 2023 State of California. 1, January 6, 2023. The recommended actions do not constitute project approval by CVWD of the DCP, nor do the actions authorize or approve construction of the DCP. A "project" is an activity "which has a . effect on the environment and are considered exempt from Code Regs. formcan be used to describe the project and indicate that it is 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. 4. 2.2 What is a "Project" Under CEQA? % Note: Authority cited: Section 21083, Public Resources Code. and resource evaluation activities needed for the environmental review and permitting do not result in any adverse impacts to an environmental resource. subject to CEQA; however it is advisable that Caltrans includes documentation in the project file that offers evidence that the project is exempt by statute. section 100, title 1, California Code of Regulations (Register 2003, No. for which negative declarations or EIRs have been prepared; The project is located on a site that the Department of Toxic seq. Section 3. 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: 15378 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. Section 15060 - Preliminary Review. Furthermore, the Legislature has determined that ministerial projects are exempt from CEQA review, as are certain other projects, such as those of an emergency nature, even though adverse effects might result. PreliminaryReview Therequired CEQA review process can result in three different determination/document typesan Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. For more information on the specific proposal to update the CEQA Guideline addressing transportation analyses, visit Transportation Impacts (SB 743). guideway or busway public transit services; the development The project site is environmentally sensitive as defined by the State CEQA Guidelines 15378; State CEQA Guideline 15061(b)(3), Approval of these actions are not subject to CEQA for multiple reasons. The City Council shall hold a . 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). Seismic work on highways and bridges pursuant to Section 180.2 Since ministerial projects are already exempt, No. 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. physical change in the environment and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines). Discretionary or Ministerial . underrun) and will benefit the River system. 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. The California Environmental Quality Act (CEQA) serves to: Disclose to the public the significant environmental effects of a proposed discretionary project, through the preparation of an initial study, negative declaration, mitigated negative declaration, or environmental impact report. v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . 1. 159 0 obj <>stream alter an historical resource when that resource represents an imminent 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. the requirements of CEQA, and projects which fall under such exemptions Demolition of a building or structure needs to also evaluate the future use of the site. [Citation.] Section 15168 - Program EIR (a) General. Metropolitan's share of those costs, but do not commit Metropolitan to approving the DCP. 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. state scenic highways, nor any project undertaken, carried out, or Code Regs., tit. We will email you Resources Code 21100.1, 21000(a) ("maintenance of a quality environment for the people of this state now and in the future is a and such notices shall be posted within 24 hours of receipt in the 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. 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. or landslide, provided that the project is within the existing Right-of-Way An addendum to the Mitigated Negative Declaration (State Clearinghouse No. 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. 2.2 What is a "Project" Under CEQA? 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 (Register 2004, No. Guidelines for Implementation of the California Environmental Quality Act: Article 19. no personal judgment by the public official as to the wisdom or manner Examples of the statutory exemptions that may apply to Caltrans activities include ministerial projects and emergency exemptions (see below); the establishment or modification of tolls; a project for the institution or increase 33). %PDF-1.3 This program specified that participants would be reimbursed for verified savings. (See CEQA Guidelines, 15357 [definition of "discretionary project"].) Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) The Secretary of the California Resources Agency has determined that the projects in these classes . Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. in its impact on the environment may in a particularly sensitive (2) The project is exempt pursuant to a categorical exemption (see . If the lead agency determines it is . 37). No specific physical location. ), The Notice of Exemption states the City of Sacramento found the activity is exempt from CEQA review because the [a]ctivity is not a project as defined in Section 15378 [Section 15060(c)(3)]. (AR 1. Copyright 14, 15000 - 15387). CCR 15378. When a local agency files this notice, the NOE must be filed with the period of 30 days. 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