Type, Section or Code
Pub. Resources Code, §§ 21080.25(b)(5) and (b)(7) (transportation project exemptions and criteria) Pub Resources Code, §
Reasons for Exemption
The Project is statutorily exempt from environmental review under Public Resources Code section 21080.25, subdivisions (b)(5) (construction or rehabilitation of existing operations facilities for zero-emission buses in an urbanized area) and (b)(7) (maintenance, repair, relocation replacement, or removal of any utility infrastructure associated with this type of project). The Project is further statutorily exempt from environmental review under Public Resource Code section 21080, subdivision (b)(10) and State CEQA Guidelines section 15275, subdivision (a) as it will increase passenger or commuter services on rail lines already in use, including the modernization of existing stations and parking facilities.
The Project is categorically exempt under State CEQA Guidelines section 15301 (Class 1) as a transit improvement project consisting of the operation, repair, maintenance or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use and State CEQA Guidelines section 15303 (Class 3) because it consists of the construction and location of limited numbers of new, small facilities or structures.
In compliance with the statutory exemption in Public Resources Code section 21080.25, subdivision (c), the Project would be carried out by MTS as the lead agency under CEQA for the Project, located in an urbanized area, and located on or within an existing public right-of-way; would not add physical infrastructure that increases new automobile capacity on existing rights-of-way except for minor modifications needed for the efficient and safe movement of transit vehicles; would not require the demolition of affordable housing units; and would not exceed fifty million dollars (the estimated cost of the project is $15,165,000). With a construction cost exceeding $1,000,000, the project will be constructed by a skilled and trained workforce or, alternatively, under a project labor agreement as set forth in section 21080.25, subdivision (f).