Reasons for Exemption
Cont: and 15304(f); Declared Emergency (Sec 21080(b)(3); 15269(a)); Emergency Project (Sec 21080(b)(4); 15269(b)(c); Statutory Exemption-other
Sec 15301. The construction and development of Wells N62, N57, N60 and tie-in was analyzed pursuant to CEQA, and it was determined that the activity in question is exempt from CEQA under 14 Cal. Code Regs, specifically, section class 1 "Existing Fac" categorical exemption [sec 15301] and (c) Class 3: New Construction or Conversion of Small Structures.
Sec 15301 stipulates that "the operation, repair, maintenance, permitting, leasing, licensing, or minor alternation of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansions of use beyond that existing at the time of the lead agency's determination," are exempt from CEQA, including Sec 15301 (b) which stipulates that "existing facilities of both investor and publically-owned utilities used to provide electric power, natural gas, sewerage, or other public utility service."
The project qualifies under 15303 construction and location of limited numbers of new, small facilities or structures (d) [water well and tie in]; and 15304 minor public or private alterations in the condition of land (f) Drilling and minor trenching and backfilling where the surface is restored.
The State of CA and the Board of the CSD have recognized that the drought situation requires immediate action to provide for the approved water supply to existing communities, including the Santa Lucia Preserve Community served by the CSD. As a result, in addition to the foregoing exemptions from the CEQA Guidelines Section, the project shall also be considered exempt from CEQA pursuant to the statutory exemption for emergency projects. (21080, subd. (b), 21060.3. (Resolution # 15-04, CSD, Adopted April 24, 2015.)