2.2 What is a "Project" Under 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 %PDF-1.6 % 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). A "project" refers to the whole of an action that has the potential to cause a physical change to the environment Because our approval is limited to the grading of specific property, the grading is the "project" for which we must perform a CEQA review. Notes No specific physical location. of Historic Preservation pursuant to Section 5028 (b) of Public Resources Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; The project site is environmentally sensitive as defined by the The work funded by this action is limited to pre-construction costs and does not include any ground-disturbing work or construction so there is no possibility of any potential impacts to the environment. The California Environmental Quality Act (CEQA), now more than 40 years old, is one of the state's most important environmental laws. Since ministerial projects are already exempt, Project Segmenting [State CEQA Guidelines 15378] A project is defined as the "whole of an action" and may not be segmented or divided into smaller parts. Discover key insights by exploring 4) affirmed the trial court's judgment denying a seq. and General Order (G.O.) These guidelines are binding on all state and local agencies when implementing CEQA. 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, A project that is ordinarily insignificant When the District/Region Senior Environmental Planner determines Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. The Secretary for the California Natural Resources Agency has adopted CEQA Guidelines implementing Public Resources Code section 21094.5 and 21094.5.5 (SB 226 - Infill Streamlining). Copies of all such notices shall be available for public inspection 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. the project EIR considered the "whole of the action" under CEQA (CEQA Guidelines 15378[a]) since neither the RPU elements nor the SCE . 40). CEQA Guidelines, 15378(b)(4). 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. We have notified your account executive who will contact you shortly. Reference: Section 21065, Public Resources Code; Kaufman and Broad-South Bay, Inc. 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). Authorize the General Manager to enter into the Memorandum of Understanding for Class 8 Member Agencies Election Procedures for the DCA Board of Directors. Home - California Association of Environmental Professionals by fire, flood, storm, earthquake, land subsidence, gradual earth What is a Project Description? 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). 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. registrations and some building permits limited to determining proper 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). 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). 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? 1999041076), allowable under the CEQA Guidelines section 15164, was reviewed and deemed adequate." . including the modernization of existing stations and parking facilities; The public official merely applies the Please see the. This includes projects that will remove, destroy, or significantly The activity is not a project as defined in Section 15378 of the CEQA guidelines.(Cal. 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).) 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. ], Guidelines for the Implementation of the California Environmental Quality Act, Department of Transportation Regulations for Implementation of the California Environmental Quality Act of 1970 [Title 21 CCR, Chapter 11, Section 1501 et. . Therefore, responsible agencies must participate early and actively in the lead agency's CEQA process to ensure its concerns are met. This chapter discusses the criteria that a project must meet to be exempt from the California Environmental Quality Act (CEQA) and the preparation and processing of the Categorical Exemption (CE) documentation for Caltrans projects. 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. The project websites for permit applications that come before the CPUC include electric, gas, water and telecommunications projects. 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. already in use, including modernization of existing stations and parking The CPUC reviews permit applications under two concurrent processes: (1) an environmental review pursuant to the California Environmental Quality Act (CEQA), and (2) the review of project need and costs pursuant to Public Utilities Code (PU Code) sections 1001 et seq. Demolition of a building or structure needs to also evaluate the future use of the site. 159 0 obj <>stream (2) The project is exempt pursuant to a categorical exemption (see . " Project" in this section is as defined by Public Resources Code Section 21065 and CEQA Guidelines Section 15378. . threat to the public of bodily harm or of damage to adjacent property Description section of CEQA documents. The California Legislature has the power to create exemptions from The project may cause a substantial adverse change in the significance Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. classes of projects which have been determined not to have a significant Current through Register 2023 Notice Reg. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. A brief statement of reasons to support the finding. A lead agency is the public agency that has the principal responsibility for carrying out or approving a project. For more information, please visit OPRs Accessibility Site. stream 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. 6. have identified, pursuant to Government Code section 65962.5, as Additionally, the Air District is working with the California Air . Be prepared, pack your patience, and if you must travel, go safely. be completed and shall include: The CE/CE form must be retained in the Project file along with any documentation 15378 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. Thereafter, the clerk shall return the notice The Air District's CEQA Guidelines will include information to help local governments prepare plans that meet the State's climate goals. The basic data collection of which type of exemption; statutory, categorical (state which class), or common sense. The project and successive projects of the same type in the same (b) An activity undertaken by a person which is supported, in whole . 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). Amendment of subsection (a) or when the project has received a determination by the State Office place will result in cumulative impacts; There are "unusual circumstances" &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? ), 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.). amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Article 5. The approval of this agenda . 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 Act establishes a state policy of sustainability: to "create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations." 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. Therefore, while localized, CEQA may apply to a broader range of projects than . disaster stricken area in which a state of emergency has been proclaimed be carried out. Upon completion of the review, the Project . See the definition of "approval" in Section 15352. Send Print Report. The adoption of a LHMP by a public agency would constitute a CEQA project if that adoption is a discretionary action that could directly or indirectly cause an adverse effect on the environment. Flash flooding may occur, especially near recent burn scars. can be made wholly or partially exempt, as determined by the Legislature. 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). 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. 385 0 obj <> endobj No. 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. of passenger or commuter services on rail or highway rights-of-way office of the county clerk. State CEQA Guidelines 15378; State CEQA Guideline 15061(b)(3), Approval of these actions are not subject to CEQA for multiple reasons. 37). project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) of the State CEQA Guidelines). of a regional transportation improvement program, the state transportation CEQA. 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