Type, Section or Code
15301 (b), 15302, 15303 (d), 15061 (b)(3)
Reasons for Exemption
Under CEQA Guidelines § 15062, a lead agency must identify the rationale for making the determination that a project is exempt under CEQA. SMUD has determined that the Telecom Fiber Replacement Project is exempt under CEQA Guidelines §15301(b), Existing Facilities which reads “Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination” and “(b) existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services”…, § 15302, Replacement or reconstruction, which reads, “Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced …” “(c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity, and §15303(d), New Construction or Conversion of Small Structures which reads “Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure…” and “(d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction.” Lastly, the commonsense exemption which states that “CEQA applies only to projects which have the potential for causing a significant effect on the environment. 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.” The Telecom Fiber Optic Cable Replacement Site 1 Project involves the replacement of existing telecommunication equipment installed on existing utility poles located within road right of way or within existing utility easements, and therefore is considered exempt in accordance with CEQA Guidelines §15301, §15302, §15303, and §15061.