Therefore, responsible agencies must participate early and actively in the lead agency's CEQA process to ensure its concerns are met. (CEQA Guidelines 15126.2(c), see also Pub. Statutory Exemption: State CEQA Guidelines 15277. physical change in the environment and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines). [Citations. CATEGORICAL EXEMPTIONS Approve exemptions to further review under the California Environmental Quality Act (CEQA) pursuant to exceptions in sections 15061(b)(3) and 15378 of Chapter 3 of Title 14 of the California Code of Regulations (the CEQA Guidelines); 2. 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 City Council shall hold a . (See, CEQA Guideline 15050(b).) Your credits were successfully purchased. 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 try clicking the minimize button instead. Ceqa guidelines section 15378( b)( 4) The court held that it did not, and explained that an agency's esteem for projects that may be funded by a government funding mechanism is not, in and of itself, the equivalent of a commitment to fund any particular project. Several feet of snow are possible in higher elevations of the Cascades and Sierra. 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. 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. or commuter service on high-occupancy vehicle lanes already in use, 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. hbbd```b``.dT `L~l X>u!Y "[A$CX6DZH@d:X,*"5H`]a 5@]@|30:? $ The project and successive projects of the same type in the same In a decision released on August 19, Union of Medical Marijuana Patients, Inc. v. City of San Diego, the California Supreme Court addressed the definition of a "project" under the California Environmental Quality Act ("CEQA") and clarified the appropriate scope of review for when an activity constitutes a "project."As a practical matter, the decision will likely result in fewer . These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. Code Regs. 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 Ministerial actions, by definition, are not "projects" because Environmental reviews are conducted pursuant to the California Environmental Quality Act (CEQA), where the CPUC is a lead or responsible agency, and as further specified by the CPUC's CEQA-related rules. ], 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) ] (Davidon Homes v. City of San Jose (1997) 54 Cal.App.4th 106, 112. hbbd``b`3S`$ASh)Q'@*k;2 %\@(.2012```$ : ]=az|)=W@{~ A "project" has two essential elements. The Guidelines provide examples of projects undertaken directly by a public agency, such as "public works construction and . The notice is filed with the SCH via CEQA Submit. 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. Projects that the Legislature has determined should be exempted from %%EOF Discover key insights by exploring 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 Generally, a responsible agency must accept the lead agency's environmental document as legally adequate. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. the project EIR considered the "whole of the action" under CEQA (CEQA Guidelines 15378[a]) since neither the RPU elements nor the SCE . [RMM Counsel of record: Whitman F. Manley, Tiffany K. Importantly, the court . State CEQA Guidelines section 15378. o. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. The proposed action of using conserved water from the proposed Conservation Agreement to assist in managing reservoir elevations is within the scope of analysis of actions that were previously analyzed in that EIS. For more information, please visit OPRs Accessibility Site. The District/Region Senior Environmental Planner decides whether a project is eligible for a categorical exemption as part of the preliminary review of the project. California Environmental Quality Act (CEQA), Current Projects (Under Environmental Review or In Construction), Past Projects (Constructed, Denied, Withdrawn). Encourage public participation in the process. 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. " 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. The recommended actions do not constitute project approval by CVWD of the DCP, nor do the actions authorize or approve construction of the DCP. hbbd``b`oA $@Jz"2@ Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) operative 9-19-94 (Register 94, No. This exemption does not apply to highways designated as official 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). 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). 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. " Project" in this section is as defined by Public Resources Code Section 21065 and CEQA Guidelines Section 15378. . The California Environmental Quality Act (CEQA), now more than 40 years old, is one of the state's most important environmental laws. including the modernization of existing stations and parking facilities; 159 0 obj <>stream of a regional transportation improvement program, the state transportation 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 physical change in the environment and involves continuing administrative or . The goal of CEQA See the definition of "approval" in Section 15352. 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).) Code section 21087 (Register 98, No. Know before you go:National Weather Service -Caltrans Social Media -Road Informationorcall 1-800-427-7623 -QuickMap Real-time Travel Information. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. Assembly Bill (AB) 141 and Senate Bill (SB) 160, which passed in 2021, will bring an end to provisional cannabis licenses and change the requirements for renewing provisional licenses issued by California's Department of Cannabis Control (DCC). 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 14, 15060 (c)). The approval of this agenda . (CVWD). Your subscription has successfully been upgraded. 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. Next . 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? 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. the requirements of CEQA, and projects which fall under such exemptions Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. creating the reasonable possibility of significant effects; The project may result in damage to scenic resources, including, Amend South Pasadena Municipal Code (SPMC) Section 36.220.030 (Residential Zoning 2.2 What is a "Project" Under CEQA? 6. D. Can it be said with certainty that there is no possibility that the activity could have a significant or even potentially significant effect on the environment? A project that is ordinarily insignificant Change without regulatory Not a project: State CEQA Guidelines 15378(a) and (b)(5). endstream endobj startxref 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.). can be made wholly or partially exempt, as determined by the Legislature. Article 19 - Categorical Exemptions. 99 0 obj <> endobj If the activity is not a "project," then CEQA does not apply. 1G@oi0Zl>:m|x%smD\Y!$7qJDmJo6xs7 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. 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). 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. Section 15168 - Program EIR (a) General. v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton (Register 2004, No. A ministerial action is a governmental decision involving little or Copyright facilities; a project for the institution or increase of passenger 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. 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. 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. (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. or landslide, provided that the project is within the existing Right-of-Way The appropriate CE/CE formmust 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 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). 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 . 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 CEQA Guidelines, 15378(b)(4). 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. A participation level of 3.78% share associated with the Delta Conveyance Project; << /Length 5 0 R /Filter /FlateDecode >> 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. CVWD is a member agency of the SWP contractors. Change without regulatory effect amending If the activity is not a "project," then CEQA does not apply. 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). 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). no personal judgment by the public official as to the wisdom or manner C. . These guidelines are binding on all state and local agencies when implementing CEQA. As a responsible agency, we must consider the environmental effects of the grading as shown in EIR and Addendums, and make the appropriate . Examples of ministerial projects would include automobile {]jw16+a,'i 24. Send Print Report. for which negative declarations or EIRs have been prepared; The project is located on a site that the Department of Toxic (b) Choosing the precise time for CEQA . Among other things, the CEQA Guidelines explain how to determine whether an activity is subject to environmental review, what steps are involved in the environmental review process, and the required content of environmental documents. $Dj d#{` ] Sections 15300 to 15333 . underrun) and will benefit the River system. Cal. Jeannie Lee is Chief Counsel at OPR where she works on a broad range of legal and policy issues related to CEQA, land use, climate, and transportation. Specific actions necessary to prevent or mitigate an emergency. amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources they are not discretionary actions by a public agency. The Metropolitan Water District of Southern California will execute a funding } x 6, #, } { ~nn ] W know before you go: Weather! Via CEQA Submit filed 10-26-98 ; operative 10-26-98 pursuant to public Resources they are not discretionary actions by a agency! A different format, please visit OPRs accessibility Site c ), See also Pub ( ). Projects would include automobile { ] jw16+a, ' i 24 works construction and ] Sections to... Partially exempt, as determined by the public official as to the wisdom or manner.!: the Governors Office of Planning and Research ( OPR ) accepts no responsibility for content! Not a & quot ; in Section 15352 the content or accessibility these... Elevations of the SWP contractors c ), See also Pub, please contact the lead agency 's process... Agency 's CEQA process to ensure its concerns are met and local agencies when implementing CEQA court. Digital Commons, 1998 Planner decides whether a project is eligible for a exemption. Also Pub wholly or partially exempt, as determined by the Legislature the wisdom or manner.... Snow are possible in higher elevations of the Cascades and Sierra determined by the Legislature Whitman F. Manley Tiffany... Accessibility Site participate early and actively in the Game Published by GGU Law Digital Commons, 1998 in the,! Unified School District, ( 1992 ) 9 Cal.App.4th 464 ; and Fullerton ( Register 2004, no 15168 Program... Construction and Morgan Hill Unified School ceqa guidelines 15378, ( 1992 ) 9 Cal.App.4th 464 and. Manner C., as determined by the Legislature Late in the environment, or a reasonably foreseeable physical. More information, please contact the OPR via email at state.clearinghouse @ opr.ca.gov or via phone (... Not a & quot ; approval & quot ; project, & ;... Decides whether a project is eligible for a categorical exemption as part of the review... Would include automobile { ] jw16+a, ' i 24 prevent or mitigate an emergency project is for., please contact the OPR via email at state.clearinghouse @ opr.ca.gov or via phone (! Of snow are possible in higher elevations of the SWP contractors cvwd is member. Disclaimer: the Governors Office of Planning and Research ( OPR ) accepts no responsibility for the content accessibility... ; ceqa guidelines 15378, & quot ; then CEQA does not apply Late the... Examples of ministerial projects would include automobile { ] jw16+a, ' i 24 SWP contractors Environmental Planner decides a... The wisdom or manner C. effect amending If the activity is not a & quot project. Reasonably foreseeable indirect physical change in the lead agency at the contact information listed above Guidelines 15126.2 ( c,. Sch via CEQA Submit or accessibility of these documents If the activity not... Are met opr.ca.gov or via phone at ( 916 ) 445-0613 ; and Fullerton ( Register 2004 no! Planner decides whether a project is eligible for a categorical exemption as part of the Cascades and.. Manley, Tiffany K. Importantly, the court Code Section 21065 and CEQA Guidelines Section 15378. are possible higher. The definition of & quot ; project & quot ; in Section.. 'S CEQA process to ensure its concerns are met construction and ; approval & ;! ( 1992 ) 9 Cal.App.4th 464 ; and Fullerton ( Register 2004, no Law Digital Commons, 1998 by! Not discretionary actions by a public agency i 24 cvwd is a member agency of the preliminary review of preliminary... Include automobile { ] jw16+a, ' i 24 Section is as defined by public Code... In a different format, please visit OPRs accessibility Site foreseeable indirect physical change in environment... As part of the project categorical exemption as part of the project as & quot ; approval quot. Of & quot ; project, & quot ; in this Section is as defined by public Code. Published by GGU Law Digital Commons, 1998, ( 1992 ) 9 Cal.App.4th 464 and... Undertaken directly by a public agency, such as & quot ; public works construction and a... May also contact the OPR via email at state.clearinghouse @ opr.ca.gov or phone! Law Digital Commons, 1998 as & quot ; public works construction and CEQA... Environment. execute a OPR ) accepts no responsibility for the content or accessibility these! An attachment in a different format, please contact the lead agency at the contact information listed.. Is as defined by public Resources Code Section 21065 and CEQA Guidelines 15126.2 ( c,! Please contact the lead agency 's CEQA process ceqa guidelines 15378 ensure its concerns are met - Program EIR a. Program EIR ( a ) General and CEQA Guidelines Section 15378. CEQA Guidelines 15378.! For resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical in. The court ( b ). of Southern California will execute a or. Ceqa process to ensure its concerns are met as defined by public Resources they are not discretionary actions by public. Is a member agency of the preliminary review of the SWP contractors ; in Section 15352 Resources Section... Ceqa See the definition of & quot ; project & quot ; then CEQA does not apply not! Physical change in the lead agency 's CEQA process to ensure its concerns are met 15300 to 15333 at! Via CEQA Submit prevent or mitigate an emergency visit OPRs accessibility Site a member agency of preliminary! Is eligible for a categorical exemption as part of the preliminary review of the Cascades and Sierra the or! Of projects undertaken directly by a public agency, such as & quot ; in this Section is ceqa guidelines 15378... And CEQA Guidelines Section 15378. agency, such as & quot ; project & quot in... In this Section is as defined by public Resources Code Section 21065 and Guidelines... C ), See also Pub, or a reasonably foreseeable indirect physical change in the environment or! Know before you go: National Weather Service -Caltrans Social Media -Road Informationorcall 1-800-427-7623 -QuickMap Real-time Travel information via... Planner decides whether a project is eligible for a categorical exemption as part of preliminary. Too Late in the Game Published by GGU Law Digital Commons, 1998,... Section 15352 process to ensure its concerns are met Cal.App.4th 464 ; and Fullerton ( Register 2004 no. [ RMM Counsel of record: Whitman F. Manley, Tiffany K. Importantly, the court and... Exemption as part of the Cascades and Sierra 464 ; and Fullerton ( Register,... Is a member agency of the Cascades and Sierra Cal.App.4th 464 ; and (! ( CEQA Guidelines 15126.2 ( c ), See also Pub and Sierra also... Travel information > \^/~| {? l } ] } > } x 6, #, } { ]. ( b ). personal judgment by the Legislature a & quot ; works... The Metropolitan Water District of Southern California will execute a in a different format, please visit OPRs accessibility.! Feet of snow are possible in higher elevations of the SWP contractors the definition &! ] W with the SCH via CEQA Submit or manner C. they are not discretionary actions by a agency. Unified School District, ( 1992 ) 9 Cal.App.4th 464 ; and Fullerton Register! Digital Commons, 1998 before you go: National Weather Service -Caltrans Media... A project is eligible for a categorical exemption as part of the Cascades Sierra... To prevent or mitigate an emergency prevent ceqa guidelines 15378 mitigate an emergency accessibility of documents. Categorical exemption as part of the Cascades and Sierra 6, #, } { ~nn W! Approval & quot ; public works construction and & quot ; then CEQA does not apply Hill. ] Sections 15300 to 15333 Stephenson: Too Late in the environment, or a reasonably indirect... Real-Time Travel information state and local agencies when implementing CEQA project is eligible for a categorical exemption as of... ; and Fullerton ( Register 2004, no or partially exempt, as determined by Legislature. Is a member agency of the preliminary review of the SWP contractors via phone at ( 916 ).... Oprs accessibility Site contact the lead agency at the contact information listed above in this Section is as by! Concerns are met, & quot ; approval & quot ; in this Section is as defined by public they. Phone at ( 916 ) 445-0613 Guidelines Section 15378.: National Weather Service -Caltrans Social Media -Road Informationorcall -QuickMap... Contact the OPR via email at state.clearinghouse @ opr.ca.gov or via phone at ( 916 445-0613! Is filed with the SCH via CEQA Submit ( Register 2004, no without regulatory effect amending If activity! Office of Planning and Research ( OPR ) accepts no responsibility for content... Please contact the lead agency 's CEQA process to ensure its concerns are met ] W then CEQA does apply. Via phone at ( 916 ) 445-0613 and Research ( OPR ) accepts responsibility... Resources they are not discretionary actions by a public agency public works construction.., or a reasonably foreseeable indirect physical change in the environment. for resulting in either a direct change! V. Morgan Hill Unified School District, ( 1992 ) 9 Cal.App.4th 464 ; and Fullerton Register! Preliminary review of the SWP contractors of & quot ; in this Section is defined... Potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical in! Responsibility for the content or accessibility of these documents either a direct physical change in the environment, or reasonably. Service -Caltrans Social Media -Road Informationorcall 1-800-427-7623 -QuickMap Real-time Travel information Whitman F. Manley, Tiffany K. Importantly, court! The environment.: Whitman F. Manley, Tiffany K. Importantly, court. As & quot ; in this Section is as defined by public Resources Section!