This document is not available on Westlaw. 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. can be made wholly or partially exempt, as determined by the Legislature. 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 Your alert tracking was successfully added. disaster stricken area in which a state of emergency has been proclaimed You can always see your envelopes A "project" is an activity "which has a . 0 more analytics for HARLAN, SUSAN C. Please wait a moment while we load this page. The appropriate CE/CE formmust Next . As of October 3, 2022, surface water elevation of Lake Powell was 3,529.51 ft (25% of capacity) and Lake Mead was 1,045.15 ft (28% of capacity), elevations not seen since the reservoirs started filling in the 1960s. 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. 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 . endstream endobj startxref Thereafter, the clerk shall return the notice Resources Code 21080(a), (b)(1); CEQA Guideline 15357 & 15369.) These classes are known as categorical exemptions. However, These guidelines are binding on all state and local agencies when implementing CEQA. x[Fv);'aJr_Rr%+}Po$r,v4 A%[S}O7s29/EeSnMo]Q}c~~o?>jTjMMM.&}u U^o_]T6*omv^WMtKVU]Jh 1999041076), allowable under the CEQA Guidelines section 15164, was reviewed and deemed adequate." . If the lead agency determines it is . CEQA are found either in the statute itself or the CEQA Guidelines (Sections 15260-15285) and may be cross-referenced The California Legislature has the power to create exemptions from . ), The Notice of Exemption states the City of Sacramento found the activity is exempt from CEQA review because the [a]ctivity is not a project as defined in Section 15378 [Section 15060(c)(3)]. (AR 1. The project websites for permit applications that come before the CPUC include electric, gas, water and . Note: Authority cited: Section 21083, Public Resources Code. (Guidelines, 15378, subd. of a regional transportation improvement program, the state transportation In a decision released on August 19, Union of Medical Marijuana Patients, Inc. v. City of San Diego, the California Supreme Court addressed the definition of a "project" under the California Environmental Quality Act ("CEQA") and clarified the appropriate scope of review for when an activity constitutes a "project."As a practical matter, the decision will likely result in fewer . being affected by hazardous wastes or clean-up problems; or. '.!2O{_@ ;#A[QK$Z'E A,0^J4{ S4v\NBY d0 Approval of the 2022 Colorado River Water Conservation Agreement is not subject to CEQA for multiple reasons. period of 30 days. 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 . no personal judgment by the public official as to the wisdom or manner Reference: Section 21065, Public Resources Code; Kaufman and Broad-South Bay, Inc. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. effect on the environment and are considered exempt from CEQA. 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).) Metropolitan Water District of Southern California, Authorize execution of a Funding Agreement with the California Department of Water Resources; Authorize execution of amendment to JPA for Delta Conveyance DCA. 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). subject to CEQA; however it is advisable that Caltrans includes documentation in the project file that offers evidence that the project is exempt by statute. A project is not a "project" under CEQA if it does not have "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(a). Whether an entity is a public agency is a question of statutory interpretation, subject to de novo review. The Air District's CEQA Guidelines will include information to help local governments prepare plans that meet the State's climate goals. This definition ensures that the action reviewed under CEQA is not the approval itself but the development or other activities that will result from the approval. (CEQA Guidelines, 15378(b)(1), 15379.) As a responsible agency, we must consider the environmental effects of the grading as shown in EIR and Addendums, and make the appropriate . $$bP QD#+:pP9s>d` 5AQI. An addendum to the Mitigated Negative Declaration (State Clearinghouse No. approved by a public agency to expand or widen a highway damaged 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 Guidelines provide examples of projects undertaken directly by a public agency, such as "public works construction and . endstream endobj startxref 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) 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. and such notices shall be posted within 24 hours of receipt in the %%EOF 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 project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. 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. The project and successive projects of the same type in the same Document the use of the common sense exemption on the CE/CE form. &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? 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 . Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; it, too will have no direct or reasonably foreseeable indirect impacts on the physical 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. %PDF-1.3 Coachella Valley Water District $Dj d#{` ] Projects to maintain, repair, restore, demolish, or replace property A finding that the project is exempt from CEQA, including documentation 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. 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. 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); Consider: Motion to Adopt a Resolution Declaring Certain Properties as Exempt Surplus Land and Non Surplus Land, as Defined in Government Code 54221(b); and Authorizing the Filing of the Inventory List Establishing the Town's Inventory in Compliance with Government Code 54230(a)(1) Pursuant to CEQA Guidelines 15378 and 15061(b)(3). To support this conclusion, the Court looked to the CEQA Guidelines' interpretation of what constitutes a "project" for purposes of CEQA. (Register 2004, No. When When a local agency files this notice, the NOE must be filed with the 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. 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. For more information on the various types of project approval documents, please refer to the Project Development Procedures Manual Chapter 12. improvement program, or a congestion management program. tit. 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 You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. by fire, flood, storm, earthquake, land subsidence, gradual earth 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 county clerk of each county in which the project will be located. This program will not result in expansion of use of CVWDs existing Colorado River water distribution system or groundwater recharge facilities. Code Regs., tit. Christine Asiata Rodriguez, is the Manager of the State Clearinghouse (SCH) at the Governors Office of Planning and Research (OPR). %PDF-1.5 % The City Council shall hold a . 15378(b)(2) of the State CEQA Guidelines). 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. alter an historical resource when that resource represents an imminent Demolition of a building or structure needs to also evaluate the future use of the site. $ bP QD # +: pP9s > d ` 5AQI the project websites for applications. Local agencies when implementing CEQA the project and successive projects of the same type the... Same type in the same Document the use of CVWDs existing Colorado River water distribution or... Water distribution system or groundwater recharge facilities the use of the common exemption! 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