Type, Section or Code
Cal. Code Regs., title 14, Section 15322; Cal. Code Regs., title 14, Section 15301
Reasons for Exemption
Cal. Code Regs., title 14, Section 15322, “In-fill development,” provides projects characterized as in-fill development meeting certain conditions are categorically exempt from the provisions of the California Environmental Quality Act. At the demonstration site in Ontario, California, the proposed EV charging stations, solar PV panels over existing parking lots, and battery storage facility will be placed within approximately 1.6 acres of existing parking lots. There will be solar PV installed on the restaurant’s roof. Altogether, project facilities, including EV chargers, 2 MW of solar PV, 500 kWh of battery storage, and appurtenances will be less than two acres, which is less than the five-acre limit for this exemption. The project location is an existing commercial use (restaurant) and its parking lots. According to KIGT, the City of Ontario Planning Department preliminarily stated that exemption under Section 15322 is appropriate. Therefore, the project appears to be consistent with land use regulations. The site is surrounded by urban uses, and, being paved, has no value, as habitat for endangered, rare or threatened species. Based on the recipient’s traffic trip estimates for this site, which is adjacent to a freeway, large developments, and near the airport, the project would not result in any significant traffic or other effects. The site is adequately served by utilities; although the solar PV and battery storage are necessary for the EV chargers. For these reasons, the proposed work will not have any significant effect on the environment and is exempt under Cal. Code Regs., tit 14, Section 15332.
Cal. Code Regs., title 14, Section 15301 provides that projects which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public and private structures, facilities, mechanical equipment, or topographical features, and which involve negligible or no expansion of use beyond that existing at the time of the lead agency's determination, are categorically exempt from the provisions of the California Environmental Quality Act. The physical aspects of this work other than the eStation EV plaza at the demonstration site will involve development and manufacturing at existing facilities, and at three existing EV locations, signage designating 10 percent of existing EV chargers for transportation network company (TNC) drivers. For these reasons, the proposed work will not have any significant effect on the environment and is exempt under Cal. Code Regs., tit 14, Section 15301.