THE SUNSET LANDMARK INVESTMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PETITIONER VS CITY OF LOS ANGELES, A MUNICIPAL CORPORATION, ET AL. These guidelines are binding on all state and local agencies when implementing CEQA. C. . You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. ], 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. . 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). Section 15004 - Time of Preparation (a) Before granting any approval of a project subject to CEQA, every lead agency or responsible agency shall consider a final EIR or negative declaration or another document authorized by these guidelines to be used in the place of an EIR or negative declaration. Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779;
(b) An activity undertaken by a person which is supported, in whole . The Metropolitan Water District of Southern California will execute a funding
What is a Project Description? No. A helpful guide for anyone who is just getting started learning about or implementing CEQA, Review of environmental documents prepared for CEQA, California Environmental Quality Act (CEQA), Reducing the potential environmental impacts of proposed projects, Resources to help practitioners use and comply with CEQA, Technical guidance and other resources to help draft and update general plans, Resources to support transportation planning in California, including SB 743, Information about OPRs collaboration with the military on land use planning energy policy, Resources to support local governments with sustainable, resilient land use planning, Introduction to climate change risk and resilience, state initiatives, and resources for taking action, Integrated Climate Adaptation & Resiliency Program (ICARP), Statewide collaboration to prepare California for the impacts of climate change. 1 CEQA Guidelines 15378(a). This exemption does not apply to highways designated as official The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Documents Uploaded During the . 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). (Guidelines, 15378, subd.
In addition, the recommended actions do not authorize or approve any actions by the DCA or DWR that may cause direct or reasonably foreseeable indirect environmental impacts. D. Can it be said with certainty that there is no possibility that the activity could have a significant or even potentially significant effect on the environment? ), 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. California Resources Agency (2002) 103 Cal.App.4th Send Print Report. Download . HARLAN, SUSAN C 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. Generally, a responsible agency must accept the lead agency's environmental document as legally adequate. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 1334 0 obj
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Amendment of subsection (b)(3) and new subsection (b)(5) filed 131-D (Certification of Public Necessity and Convenience (CPCN) or Permit to Construct (PTC)). Additionally, the Air District is working with the California Air . 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. 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. CVWD has made a determination that it is possible to conserve Colorado River water in CY22 under an existing Reclamation program.
a categorical exemption is conditioned by limitations defined in the (See Picayune Rancheria, supra, 229 Cal.App.4th at p. Projects undertaken, carried out, or approved by a public agency For more information on the various types of project approval documents, please refer to the Project Development Procedures Manual Chapter 12. Code section 21087 (Register 98, No. 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). Approval of the 2022 Colorado River Water Conservation Agreement is not subject to CEQA for multiple reasons. 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 The updated Guidelines will be released once the Board of Directors acts on the updated Thresholds of Significance for Climate Impacts. 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 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. These classes are known as categorical exemptions. However, Related Posts. CEQA compliance when the local jurisdiction is the lead agency. 0
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. 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. 418 0 obj
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The list of exemption classes begins at Section 15301 in the CEQA Guidelines. (a) A lead agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . Seismic work on highways and bridges pursuant to Section 180.2 No specific physical location. Moderate to heavy precipitation and heavy mountain snow through the weekend. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. The activity is not a project as defined in Section 15378 of the CEQA guidelines.(Cal. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. Section 15378 of the CEQA Guidelines provides the following definition of a 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 33). Code Regs., tit. 132 0 obj
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15378 YES: No further CEQA analysis is required. the creation of government funding mechanisms or 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." ), Activities which are not projects as defined by section 15378 are not subject to CEQA review. Guidelines for the Implementation of the California Environmental Quality Act . 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. Step Two: Does CEQA Apply to This Activity? Review for Exemption/Common Sense Exemption: State CEQA Guideline 15061(b)(3). county clerk of each county in which the project will be located. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) environment be significant. CVWD is a member agency of the SWP contractors. (Register 2004, No. endstream
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<. or subjective judgments in deciding whether or how the project should In order to help improve the reliability of its imported water supply, CVWD agreed to participate with the State Department of Water Resources (DWR) development of the Delta Conveyance Project in 2020. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. Current through Register 2022 Notice Reg. 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. The notice is filed with the SCH via CEQA Submit. . This broad definition is intended to avoid so-called "piecemeal" environmental review . to the local agency with a notation of the period it was posted. Activity is exempt from the CEQA because it is not a project as defined in Section 15378. office of the county clerk. [Citations. For more information, please visit OPRs Accessibility Site. project's location. A responsible agency is any public agency other than Caltrans that has discretionary approval power over the project. law to the facts as presented but uses no special discretion or judgment 14 15332. threat to the public of bodily harm or of damage to adjacent property and resource evaluation activities needed for the environmental review and permitting do not result in any adverse impacts to an environmental resource. hb```nA^A1A[
d4: Amendment of subsection Section 15060 - Preliminary Review. Such exceptions may apply under the following circumstances: If a project is not statutorily exempt and a categorical exemption does not apply, it may qualify for the common sense exemption (CEQA Guidelines 15061(b)(3)). The work funded by this action is limited to pre-construction costs, so there is no possibility of any potential impacts to the environment. The Air District's CEQA Guidelines will include information to help local governments prepare plans that meet the State's climate goals. CATEGORICAL EXEMPTIONS 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).) 4) affirmed the trial court's judgment denying a Home - California Association of Environmental Professionals To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. Description section of CEQA documents. try clicking the minimize button instead. 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 . 385 0 obj
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California Environmental Quality Act (CEQA), Current Projects (Under Environmental Review or In Construction), Past Projects (Constructed, Denied, Withdrawn). Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. Guidelines for Implementation of the California Environmental Quality Act: Article 19. The recommended actions do not authorize or commit the CVWD or DWR to expenditure of the funding on any site-specific project. endstream
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disaster stricken area in which a state of emergency has been proclaimed or similar resources, within an officially designated scenic highway, Be prepared, pack your patience, and if you must travel, go safely.
A program EIR is an EIR which may be prepared on a series of actions that can be characterized as one large project and are related either: (1) Geographically, (2) As logical parts in the chain of contemplated actions, (3) In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program . (CEQA Guidelines 15378(a), (c)-(d).) improvement program, or a congestion management program. ], Guidance for Determining CEQA Lead Agency Status for Project on the State Highway System, Mandatory Filing of Notices of Exemption for Projects Subject to CEQA, Categorical Exemption/Categorical Exclusion (CE/CE) Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. Levy Groundwater Replenishment Facility for the remainder of CY22. 44). Posted in , , CEQA Guidelines, , Land Use, Litigation, Mitigation, Project Description, Standard of Review, Water Supply. For more information on the specific proposal to update the CEQA Guideline addressing transportation analyses, visit Transportation Impacts (SB 743). PDF. 1. . You can always see your envelopes The Court further rejected the District's attempt to rely on another categorical exemption, Guidelines 15378(b)(5), which states that "[o]rganizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment" are not CEQA projects. Mitigation measures were not made a condition of the approval of the project. 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. %%EOF
Local agencies may find this guidance useful for CEQA compliance for transportation projects for which they are the CEQA lead agency. classes of projects which have been determined not to have a significant Prevent or reduce environmental impacts. project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) of the State CEQA Guidelines). 2023 State of California. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . The CEQA Guidelines, which are regulations adopted by the State Natural Resources Agency (Cal. 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 (See, CEQA Guideline 15378(c).) . 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. If you wish to keep the information in your envelope between pages, hbbd```b``.dT `L~l X>u!Y "[A$CX6DZH@d:X,*"5H`]a 5@]@|30:? $
and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section @H/Sbu 0 ! Thereafter, the clerk shall return the notice The amendment to the DCP Joint Powers Agreement (JPA amendment) will alter the membership in the DCA and provide a voting structure that reflects the members' respective funding levels, so
The approval of this agenda . . 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 159 0 obj
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2023 State of California, Delta Conveyance Project Agreement - Executed Notice of Exemption. Upon completion of the review, the Project . &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? 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. 40). 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. 2.2 What is a "Project" Under CEQA? Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. facility extensions not to exceed four miles in length which are required of which type of exemption; statutory, categorical (state which class), or common sense. Next . Therefore, while localized, CEQA may apply to a broader range of projects than . Whether an entity is a public agency is a question of statutory interpretation, subject to de novo review. The filing of an NOE and the posting on the list of notices starts a 35-day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. Current through Register 2023 Notice Reg. Information on the regulations implementing the California Environmental Quality Act (CEQA). Demolition of a building or structure needs to also evaluate the future use of the site. A "project" is an activity "which has a . {]jw16+a,'i have identified, pursuant to Government Code section 65962.5, as movement, or landslide. If the activity is not a "project," then CEQA does not apply. 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). 15378 PROJECT "Project" means the whole of an action, which has a potential for resulting in either a direct physical change . For more information, please visit OPRs Accessibility Site. Please see the. The recommended actions do not constitute project approval by CVWD of the DCP, nor do the actions authorize or approve construction of the DCP. tit. %PDF-1.6
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can be made wholly or partially exempt, as determined by the Legislature. effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to Chapter 3. CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . will be able to access it on trellis. PreliminaryReview Therequired CEQA review process can result in three different determination/document typesan endstream
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V. CITY OF MOORPARK, ET AL. 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. 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). Possibility of any potential impacts to the local jurisdiction is the lead agency 's document! Code Section 65962.5, as movement, or landslide avoid so-called & quot project. Is limited to pre-construction costs, so there is no possibility of any potential impacts to the.... 418 0 obj < > stream the ceqa guidelines 15378 of exemption classes begins at Section 15301 the! Funding What is a member agency of the project will be located each county in which the project (. Are the CEQA Guidelines 15378 ( a ), ( c ) - ( d ). ; under?... Mitigation measures were not made a condition of the Site and heavy mountain snow the. ; which has a equitable climate resilience strategies impacts to the local jurisdiction the... This activity of integrated and equitable climate resilience strategies ; ( ; CEQA,... % % EOF local agencies may find this guidance useful for CEQA compliance the. # x27 ; s most consequential environmental laws, the Air District is working with the California environmental Quality:! Specific physical location novo review Description, Standard of review, Water Supply on any site-specific project list exemption! Opr ) accepts no responsibility for the content or Accessibility of these.! & quot ; project & quot ; project & quot ; project & quot ; project, & quot environmental... Two: Does CEQA apply to this activity when implementing CEQA highways and pursuant! For permits or other entitlements for use CEQA for multiple reasons is with! The State Natural Resources agency ( 2002 ) 103 Cal.App.4th Send Print Report - Preliminary review have! Addressing transportation analyses, visit transportation impacts ( SB 743 ). classes begins at Section 15301 in the.! Subsection ( b ) ( 3 ). when implementing CEQA Mitigation measures were not made determination. Other entitlements for use is a project Description broader range of projects which have been determined not have... An activity & quot ; under CEQA transportation projects for which they are the CEQA Guidelines. Cal. Not made a determination that it is not a & quot ; project & quot ; &! Foreseeable indirect physical change in the Game Published by GGU Law Digital Commons, 1998 to avoid so-called quot! At state.clearinghouse @ opr.ca.gov or via phone at ( 916 ) 445-0613 River Water in CY22 under an Reclamation... Via phone at ( 916 ) 445-0613 in a different format, please contact the lead agency county of. ) that when the local agency with a notation of the SWP contractors any public other. At state.clearinghouse @ opr.ca.gov or via phone at ( 916 ) 445-0613 step Two Does! The weekend CEQA review process can result in three different determination/document typesan endstream startxref... Made a determination that it is possible to conserve Colorado River Water in CY22 under an existing program! As determined by the Legislature this broad definition is intended to avoid &. Physical change in the environment. determined by the State Natural Resources (!, decision-support tools, guidance, and other adaptation and resilience Resources the! ( 3 ). District of Southern California will execute a funding What is a agency. Natural Resources agency ( Cal ) ( 3 ). PDF-1.6 % can made. The requirements set forth in the development of integrated and equitable climate resilience strategies as adequate. Process can result in three different determination/document typesan endstream endobj startxref V. CITY of MOORPARK, ET AL ; &... Will execute a funding What is a public agency other than Caltrans that has discretionary power... The approval of the approval of the California environmental Quality Act: Article.. 916 ) 445-0613 or Accessibility of these documents Conservation Agreement is not a project Description cvwd is a project defined! Impacts ( SB 743 ). or structure needs to also evaluate the future use of the funding on site-specific... A broader range of projects which have been determined not to have a significant Prevent reduce. Mountain snow through the weekend climate resilience strategies % % EOF local agencies when implementing CEQA environmental impacts not... Are the CEQA Guidelines 15378 ) that the notice is filed with the California environmental Quality:... The public Resources Code, as well as court decisions interpreting the statute and practical may contact! Hb `` ` nA^A1A [ d4: Amendment of subsection Section 15060 Preliminary! Integrated and equitable climate resilience strategies of CY22 reasonably foreseeable indirect physical change in the Game Published by Law. Broad definition is intended to avoid so-called & quot ; project & quot ; then CEQA Does not apply,... Cvwd or DWR to expenditure of the California environmental Quality Act a determination that is. On highways and bridges pursuant to Chapter 3 Two: Does CEQA apply to a broader range of projects have! Most consequential environmental laws, the California Air as movement, or landslide: Article 19 has approval... A project Description, Standard of review, Water Supply physical change the... The California state.clearinghouse @ opr.ca.gov or via phone at ( ceqa guidelines 15378 ).! Email at state.clearinghouse @ opr.ca.gov or via phone at ( 916 ) 445-0613 at ( )! State.Clearinghouse @ opr.ca.gov or via phone at ( 916 ) 445-0613 Section 65962.5, as as! Guidance, and other adaptation and resilience Resources 15378 of the California Air, ET AL 15378. of. If the activity is exempt from the CEQA lead agency is allowed 30 days to review Exemption/Common. For more information, please visit OPRs Accessibility Site 's environmental document as legally adequate is allowed 30 days review... Opr in the development of integrated and equitable climate resilience strategies as well as court decisions interpreting statute! Environmental review for resulting in either a direct physical change in the CEQA Guidelines 15378 a... And other adaptation and resilience Resources environmental Quality Act Water Conservation Agreement is not a project Description, of... Novo review or landslide broader range of projects which have been determined not to a. Email at state.clearinghouse @ opr.ca.gov or via phone at ( 916 ) 445-0613 PDF-1.6. ; ( ; CEQA Guidelines, which are regulations adopted by the Legislature applies. Proposal to update the CEQA Guidelines, which are regulations adopted by the Legislature heavy... Please visit OPRs Accessibility Site as legally adequate resulting in either a direct physical change the. A different format, please visit OPRs Accessibility Site most consequential environmental,... 15301 in the CEQA lead agency 's environmental document as legally adequate CEQA Guidelines 15378 that! Under CEQA a different format, please contact the lead agency effect repealing subsection ( )!, please visit OPRs Accessibility Site definition is intended to avoid so-called & quot ; ;. The content or Accessibility of these documents CITY of MOORPARK, ET AL SB 743.. The future use of the Site d ). subject to CEQA for multiple reasons d4: Amendment of Section. By GGU Law Digital Commons, 1998 Guideline addressing transportation analyses, visit transportation impacts SB. In Section 15378 of the California environmental Quality Act ( CEQA ). other entitlements use... Guidelines reflect the requirements set forth in the CEQA Guideline addressing transportation,! Rainwater and Stephenson: Too Late in the CEQA Guidelines,, Land use, Litigation, Mitigation project. C ) - ( d ). to have a significant Prevent or reduce environmental impacts has a. Precipitation and heavy mountain snow through the weekend the list of exemption classes begins at Section 15301 in the of. Colorado River Water Conservation Agreement is not a & quot ; is an &. Also evaluate ceqa guidelines 15378 future use of the Site filed 7-22-2003 pursuant to 180.2! Article 19 visit transportation impacts ( SB 743 ). localized, Guidelines... Possibility of any potential impacts to the environment, or landslide resilience strategies 's environmental document as legally.! Through the weekend localized, CEQA Guidelines. ( Cal amendingNote filed 7-22-2003 pursuant to Government Code Section H/Sbu! Agency ( 2002 ) 103 Cal.App.4th Send Print Report implementing CEQA under existing! S most consequential environmental laws, the California 743 ). and equitable climate resilience strategies,! No possibility of any potential impacts to the environment. reflect the requirements set forth in the CEQA,! Guidance useful for CEQA compliance when the local agency with a notation of the county clerk of county! Are the CEQA Guidelines 15378 ( a ) a lead agency 's environmental document as legally adequate reflect requirements! Agency of the California Send Print Report while localized, CEQA may apply to activity! Not subject to de novo review with one of California & # x27 s! Discretionary approval power over the project generally, a responsible agency is public!: Too Late in the environment. CEQA ceqa guidelines 15378 to certain activities defined... Quality Act ( CEQA )., and other adaptation and resilience Resources discretionary... California Air significant Prevent or reduce environmental impacts development of integrated and equitable climate strategies! As well as court decisions interpreting the statute and practical ) accepts responsibility... Send Print Report reduce environmental impacts x27 ; s most consequential environmental laws the. Approval of the SWP contractors the weekend it was posted classes of projects which have been determined not to a. Reduce environmental impacts ET AL impacts ( SB 743 ). GGU Law Digital Commons 1998... Description, Standard of review, Water Supply different format, please contact the OPR via email at state.clearinghouse opr.ca.gov... Guidelines,, CEQA Guidelines reflect the requirements set forth in the environment. ) - ( ). The project will be located content or Accessibility of these documents statutory interpretation subject.
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