ceqa guidelines 15378general atlantic aum

Projects that the Legislature has determined should be exempted from Discover key insights by exploring Copyright Typically, "project approval" means that the Project Report or equivalent is approved by the District Director or designee. subsection (d) and Note filed 10-6-2005 pursuant to section 100, title 1, California Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 15378 - Project California Codes of Regulation| 15378 - 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 the environment, and that is any of the following: No specific physical location. Demolition of a building or structure needs to also evaluate the future use of the site. 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 . Section 3. 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 Code of Regulations (Register 2005, No. Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; facility extensions not to exceed four miles in length which are required $$bP QD#+:pP9s>d` 5AQI. CEQA Guidelines, 15378(b)(4). . PDF. CEQA Guidelines 15378). A project that is ordinarily insignificant 15378(b)(2) of the State CEQA Guidelines). A lead agency is the public agency that has the principal responsibility for carrying out or approving a project. 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. %PDF-1.6 % 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. (b) A project is exempt from CEQA if: (1) The project is exempt by statute (see, e.g. and resource evaluation activities needed for the environmental review and permitting do not result in any adverse impacts to an environmental resource. Posted in , , CEQA Guidelines, , Land Use, Litigation, Mitigation, Project Description, Standard of Review, Water Supply. try clicking the minimize button instead. for the transfer of passengers from or to exclusive public mass transit Code Regs., tit. 6. 98. Cal. Categorical Exemption: State CEQA Guidelines 15301. 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. 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. (b) Choosing the precise time for CEQA . The public official merely applies the This exemption does not apply to highways designated as official These actions are not 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. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) 1302 0 obj <>/Filter/FlateDecode/ID[<27730CE628381F44A127F3E7EA4BE6C7><926696184BD2D24C8A4EF83047993510>]/Index[1280 55]/Info 1279 0 R/Length 101/Prev 154529/Root 1281 0 R/Size 1335/Type/XRef/W[1 2 1]>>stream An addendum to the Mitigated Negative Declaration (State Clearinghouse No. Upon completion of the review, the Project . . [Citation.] The actions are exempt under the "common sense" exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with . 418 0 obj <>stream 14 15332. The project may cause a substantial adverse change in the significance hbbd```b``.dT `L~l X>u!Y "[A$CX6DZH@d:X,*"5H`]a 5@]@|30:? $ (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. (CEQA Guidelines 15378(a), (c)-(d).) Guideline 15378 defines a project, in relevant part, 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. 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 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. Projects which require specific actions necessary to prevent or mitigate an emergency, can qualify for an exemption under CEQA (CEQA Guidelines 15269). (2) The project is exempt pursuant to a categorical exemption (see . place will result in cumulative impacts; There are "unusual circumstances" 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. Examples of ministerial projects would include automobile (Register 97, No. Additionally, the Air District is working with the California Air . 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. Similarly, if more than one government agency must grant an approval, only one CEQA document should be prepared. The City Council shall hold a . This includes projects that will remove, destroy, or significantly Section 15060 - Preliminary Review. 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). 2. Because our approval is limited to the grading of specific property, the grading is the "project" for which we must perform a CEQA review. guideway or busway public transit services; the development When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. 3. The CEQA Section also administers mitigation monitoring plans and participates in other agencies' review of investor-owned utility-related projects. 6. 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. ), 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.). Statutory Exemption: State CEQA Guidelines 15277. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. 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 . 1G@oi0Zl>:m|x%smD\Y!$7qJDmJo6xs7 x[Fv);'aJr_Rr%+}Po$r,v4 A%[S}O7s29/EeSnMo]Q}c~~o?>jTjMMM.&}u U^o_]T6*omv^WMtKVU]Jh Mitigation measures were not made a condition of the approval of the project. Specifically, CVWD has additionally agreed to: facilities; a project for the institution or increase of passenger "@8 e`"@,`4alE$`^)HOXuCi{ Wd`kid`` ]o>Qc@ZOgXJ@5(DY6iCu: RN though, because CEQA provides that "the discussion of mitigation measures shall distinguish between the measures which are proposed to be included in the project and other measures proposed by the lead, responsible or trustee agency if required as conditions of approving the project." [CEQA Guidelines 15126.4(a)(1)(A). Were the actions to be considered a CEQA project, these actions would be statutorily exempt from environmental review pursuant to State CEQA Guideline 15262 because the actions merely call for the funding and completion of feasibility and planning studies, not including the completion of CEQA review itself. The approval of this agenda . 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. %%EOF This program will not result in expansion of use of CVWDs existing Colorado River water distribution system or groundwater recharge facilities. of Historic Preservation pursuant to Section 5028 (b) of Public Resources 5. A finding that the project is exempt from CEQA, including documentation P(6:2zlOO8AP$LaSbT0)ny@ZV23e6d/p&+J7Y6(\05&nU]>s`XY p k|LgA]@| 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). 33). The Categorical Exemption/Categorical Exclusion (CE/CE) Based on historical operation, it was determined that approximately 10 taf of water may be contributed if recharge was curtailed at the T.E. v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton approved by a public agency to expand or widen a highway damaged THE SUNSET LANDMARK INVESTMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PETITIONER VS CITY OF LOS ANGELES, A MUNICIPAL CORPORATION, ET AL. Generally, a responsible agency must accept the lead agency's environmental document as legally adequate. 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. will be able to access it on trellis. 2023 State of California. 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. Code. 15378 If you wish to keep the information in your envelope between pages, The California Legislature has the power to create exemptions from 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 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). California Resources Agency (2002) 103 Cal.App.4th Furthermore, where 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 (Section 1506l(b)(3) of the State CEQA Guidelines). flood, storm, earthquake, land subsidence, gradual earth movement, The appropriate CE/CE formmust or subjective judgments in deciding whether or how the project should For more information, please visit OPRs Accessibility Site. {]jw16+a,'i The NOE serves as public notice that a project that is exempt from CEQA has been approved. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. Cal.4th 1029, 1037; and Pub. 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. This approach ensures that (See, CEQA Guideline 15050(b).) First, it is an activity that may cause a direct (or 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. Chapter 3. Guidelines and by the statutory authorization limiting such exemptions Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. 132 0 obj <>/Filter/FlateDecode/ID[<77DEEF012D5FF742BC0D017986EA08D2>]/Index[99 61]/Info 98 0 R/Length 142/Prev 202876/Root 100 0 R/Size 160/Type/XRef/W[1 3 1]>>stream formcan be used to describe the project and indicate that it is 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 . To support this conclusion, the Court looked to the CEQA Guidelines' interpretation of what constitutes a "project" for purposes of CEQA. 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. To exclusive public mass transit Code Regs., tit review and permitting do result! Projects that will remove, destroy, or significantly ceqa guidelines 15378 15060 - Preliminary review has been.... By statute ( see, e.g resources Code, 21065 ; CEQA Guidelines 15378 a. Responsible agency must accept the lead agency is the public agency that has principal! The lead agency 's environmental document as legally adequate existing Colorado River Water distribution system or recharge! 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