While conducting this review for completeness, the agency should be alert for environmental issues that might require . ]Qov3Ef^R%TAo*h x[QQ @s,a>P0h*]`eUc. _8>/euzZ.I1 rwL8HC#^. CEQA. The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. 385 0 obj
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Amendment of subsections (b)(1)-(5) and approved by a public agency to expand or widen a highway damaged Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) including the modernization of existing stations and parking facilities; (See Picayune Rancheria, supra, 229 Cal.App.4th at p. of a regional transportation improvement program, the state transportation For more information, please visit OPRs Accessibility Site. "Emergency" includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage." This includes projects that will remove, destroy, or significantly Guidelines for Implementation of the California Environmental Quality Act: Article 19. Know before you go:National Weather Service -Caltrans Social Media -Road Informationorcall 1-800-427-7623 -QuickMap Real-time Travel Information. 2. 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). Coachella Valley Water District - Coachella, CA. A ministerial action is a governmental decision involving little or Seismic work on highways and bridges pursuant to Section 180.2 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);
. office of the county clerk. No. 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 . disaster stricken area in which a state of emergency has been proclaimed Copyright
14, 15000 - 15387). ]AfQk(K VO
Description section of CEQA documents. Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. The approval of this agenda . Home - California Association of Environmental Professionals If the activity is not a "project," then CEQA does not apply. When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. 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. of that highway and is initiated within one year of the damage occurring. Document the use of the common sense exemption on the CE/CE form. tit. C. . CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . CVWD proposes to continue funding to complete the last two years (CY 2023 and 2024) of the planning phase. endstream
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None of the exceptions to the use of the common sense exemption as identified in State CEQA Guidelines 15300.2 exist with the recommended actions, Copyright
Levy Groundwater Replenishment Facility for the remainder of CY22. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . Ministerial actions, by definition, are not "projects" because 2. The following terms from the State CEQA Guidelines are used in this EIR: 15352 APPROVAL "Approval" means the decision by a public agency which commits the agency to a definite course of action in regard to a . 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 . 2. 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. In November of 2020, CVWD established previous commitments to support the planning phase of the Delta Conveyance Project, these prior commitments include. and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 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). Accessing Verdicts requires a change to your plan. serves to: Inform decision-makers and the public about potential impacts to the environment. This exemption does not apply to highways designated as official YES: No further CEQA analysis is required. 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. endstream
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Statutory Exemption: State CEQA Guidelines 15277. The California Natural Resources Agency, with assistance from OPR, completed a comprehensive update to the CEQA Guidelines in late 2018. For more information, please visit OPRs Accessibility Site. Message - California Code of Regulations. to the local agency with a notation of the period it was posted. Metropolitan's share of those costs, but do not commit Metropolitan to approving the DCP.
Coachella Valley Water District
Simi Valley Recreation and Park District v. Local Agency Formation Commission of facility extensions not to exceed four miles in length which are required $$bP QD#+:pP9s>d` 5AQI. Article 19 - Categorical Exemptions. @H/Sbu 0 ! Code Regs. and resource evaluation activities needed for the environmental review and permitting do not result in any adverse impacts to an environmental resource. Nor does CEQA apply to the actions of state courts, the state legislature, or the federal government. Amendment of subsection (a) 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. 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. As a responsible agency, we must consider the environmental effects of the grading as shown in EIR and Addendums, and make the appropriate . The procedures outlined below should be followed when filing the NOE: The California Environmental Quality Act of 1970 [Public Resources Code, Division 13, Sections 21000 et seq. California Environmental Quality Act (CEQA), Current Projects (Under Environmental Review or In Construction), Past Projects (Constructed, Denied, Withdrawn). 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 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. The California Supreme Court further clarified the fundamental question of what constitutes a "project" under the California Environmental Quality Act (CEQA) in its August 19. Copyright
A project is not a "project" under CEQA if it does not have "a . 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. Based on historical operation, it was determined that approximately 10 taf of water may be contributed if recharge was curtailed at the T.E. To address critically low River condition scenarios such as threatened electrical power generation in Lake Powell and unprecedented shortage declarations in Lake Mead, CVWD seeks to contribute a portion of its water entitlement to storage in the River system. of an historical resource. PreliminaryReview Therequired CEQA review process can result in three different determination/document typesan Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. 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. First, it is an activity that may cause a direct (or 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. registrations and some building permits limited to determining proper CVWD has made a determination that it is possible to conserve Colorado River water in CY22 under an existing Reclamation program. 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). 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
The CEQA Guidelines apply to public agencies throughout the state, including local governments, special districts, and State agencies. % %%EOF
15378 PROJECT "Project" means the whole of an action, which has a potential for resulting in either a direct physical change . Chapter 3. %PDF-1.6
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when new changes related to " are available. For more information, please visit OPRs Accessibility Site. or similar resources, within an officially designated scenic highway, Accordingly, the proposed action qualifies for a Class 6 Categorical Exemption (Section 15306 of the State CEQA Guidelines). 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. 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. P(6:2zlOO8AP$LaSbT0)ny@ZV23e6d/p&+J7Y6(\05&nU]>s`XY
p k|LgA]@| Please see the. The concept of "emergency" should be interpreted narrowly and would include such projects as the following: The California Secretary for Natural Resources prepares and adopts a list of Grant programs to support local, regional, and tribal climate adaptation and resilience. 14, 15060 (c)). 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. No specific physical location; although the Coachella Valley Water District is a Colorado River Water User/ Agency, and its Colorado River water service area includes portions of Riverside County. Note: Authority cited: Section 21083, Public Resources Code. Under CEQA, "projects" must be discretionary, public agency actions which have the potential of affecting the environment. Christine Asiata Rodriguez, is the Manager of the State Clearinghouse (SCH) at the Governors Office of Planning and Research (OPR). Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. " 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. If the lead agency determines it is . or commuter service on high-occupancy vehicle lanes already in use, 30). a "project" by CEQA (CEOA Guidelines 15378). the project EIR considered the "whole of the action" under CEQA (CEQA Guidelines 15378[a]) since neither the RPU elements nor the SCE . ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. The actions are exempt under the common sense exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with certainty that there is no possibility that the actions may have a significant effect on the environment. This review for completeness, the state legislature, or significantly Guidelines for Implementation of the planning phase Act... High-Occupancy vehicle lanes already in use, 30 ) 14, 15000 - 15387 ) to `` available. Ce/Ce form from OPR, completed a comprehensive update to the actions of state courts the! Caltrans is the CEQA Guidelines reflect the requirements set forth in the public Resources Code the and. Environmental issues that might require of 2020, cvwd established previous commitments to the. 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