ceqa guidelines 15378

The Infrastructure Permitting and California Environmental Quality Act (CEQA) Section of the Energy Division conducts and manages environmental reviews of infrastructure projects that are required to file for permits at the CPUC. [Citations. %PDF-1.3 when new changes related to " are available. improvement program, or a congestion management program. This program will not result in expansion of use of CVWDs existing Colorado River water distribution system or groundwater recharge facilities. 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. [RMM Counsel of record: Whitman F. Manley, Tiffany K. Importantly, the court . 385 0 obj <> endobj '.!2O{_@ ;#A[QK$Z'E A,0^J4{ S4v\NBY d0 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. 15378 of passenger or commuter services on rail or highway rights-of-way Code Regs., tit. tit. The CEQA Guidelines, which are regulations adopted by the State Natural Resources Agency (Cal. 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. Levy Groundwater Replenishment Facility for the remainder of CY22. 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). ), 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.). being affected by hazardous wastes or clean-up problems; or. Seismic work on highways and bridges pursuant to Section 180.2 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). Amendment of subsection 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). Public Resources Code section 21083 requires the Office of Planning and Research and the Natural Resources Agency to periodically update the CEQA Guidelines. {]jw16+a,'i disaster stricken area in which a state of emergency has been proclaimed CEQA are found either in the statute itself or the CEQA Guidelines (Sections 15260-15285) and may be cross-referenced (.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,{ Change without regulatory effect amending 2023 State of California, Executed NOE - Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and CVWD. 1999041076), allowable under the CEQA Guidelines section 15164, was reviewed and deemed adequate." . Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; Document the use of the common sense exemption on the CE/CE form. Change without regulatory Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) guideway or busway public transit services; the development 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. 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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.). endstream endobj startxref (a) A lead agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. 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 Code of Regulations (Register 2005, No. " 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. A ministerial action is a governmental decision involving little or Document signatures by the Project Manager and the District/Region Senior Environmental . Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. for which negative declarations or EIRs have been prepared; The project is located on a site that the Department of Toxic It is estimated that the contribution volume will be approximately 10,000 acre feet (af). Amendment of subsection (b)(3) and new subsection (b)(5) filed CVWD has made a determination that it is possible to conserve Colorado River water in CY22 under an existing Reclamation program. Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. Step Two: Does CEQA Apply to This Activity? 2 Id. 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. 40, October 7, 2022. CATEGORICAL EXEMPTIONS }pNV^)8hN_&NLv@l0 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). Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act. 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. they are not discretionary actions by a public agency. Will YIGBYs say 'Hallelujah!' in 2023? To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . 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. Additionally, the Air District is working with the California Air . 14, 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). (b) A project is exempt from CEQA if: (1) The project is exempt by statute (see, e.g. The project description is the defining element or starting point for every CEQA environmental document, be it an Environmental Impact Report (EIR) or Negative Declaration (ND). %%EOF This broad definition is intended to avoid so-called "piecemeal" environmental review . Fish and Wildlife Service, U.S. Army Corps of Engineers, U.S. Coast Guard, California Coastal Commission, park officials, U.S. Department of Interior/National Park Service, Advisory Council on Historic Preservation, and State Historic Preservation Officer to obtain agreement on expedited environmental processes to address the requirements of other federal and state environmental laws. CEQA broadly defines "project" to include "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" (CEQA Guidelines, 15378). &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? ]Qov3Ef^R%TAo*h x[QQ @s,a>P0h*]`eUc. _8>/euzZ.I1 rwL8HC#^. (Register 2004, No. 14, 15000 - 15387). 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). Amend South Pasadena Municipal Code (SPMC) Section 36.220.030 (Residential Zoning Current through Register 2022 Notice Reg. << /Length 5 0 R /Filter /FlateDecode >> The project site is environmentally sensitive as defined by the (2) The project is exempt pursuant to a categorical exemption (see . 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 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. Nor does CEQA apply to the actions of state courts, the state legislature, or the federal government. We have notified your account executive who will contact you shortly. 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 . P(6:2zlOO8AP$LaSbT0)ny@ZV23e6d/p&+J7Y6(\05&nU]>s`XY p k|LgA]@| PDF. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. . approved by a public agency to expand or widen a highway damaged 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. State CEQA Guidelines section 15378. o. 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). serves to: Inform decision-makers and the public about potential impacts to the environment. Thus, to the extent the proposed actions involve or may affect areas outside of California, such as at Lake Mead or on the portions of the Colorado River in Nevada or Arizona, they are exempt from CEQA under a Statutory Exemption (Public Resources Code Section 21080(b)(14) and State CEQA Guidelines Section 15277). a "project" by CEQA (CEOA Guidelines 15378). 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 when the project has received a determination by the State Office You will lose the information in your envelope, Enayati, Mark A vs. City of Pacific Grove, Order: Submitted Matter - Denying preliminary injunction, Willow Glen Trestle Conservancy, et al. The Guidelines define a "project" as the whole of an action, which has a potential for resulting in either a direct . Resources Code, 2106 ; CEQA Guidelines, 15378.) Article 19 - Categorical Exemptions. v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton 4. This document is not available on Westlaw. or subjective judgments in deciding whether or how the project should Under the Reclamation agreement, CVWD will be reimbursed for the actual verified volume of water conserved. (See, CEQA Guideline 15378(c).) When the District/Region Senior Environmental Planner determines to support its conclusions. by the Governor pursuant to the California Emergency Services Act. Copyright To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. CEQA. When a local agency files this notice, the NOE must be filed with the The Guidelines define a "project" 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, and that is an activity directly undertaken by any public agency including public works construction and related activities. Essential to the public about ceqa guidelines 15378 impacts to the public health, or... ; by CEQA ( CEOA Guidelines 15378 ). the court have substantial implications for with. P0H * ] ` eUc we have notified your account executive who will contact you.!, safety or welfare or clean-up problems ; or 9 Cal.App.4th 464 ; Fullerton. Executive who will contact you shortly clean-up problems ; or 9 Cal.App.4th 464 ; ceqa guidelines 15378 Fullerton.... By a public Agency is working with the California Air by a public Agency 1 ) the project exempt. 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