Type, Section or Code
Pub. Resources Code, § 21080.25(b) (transportation project exemptions and criteria) Pub Resources Code, § 21080(b)(10),
Reasons for Exemption
The Project is statutorily and categorically exempt from environmental review under the California Environmental Quality Act (“CEQA”), Public Resources Code section 21000 et seq. and Title 14 of the California Code of Regulations, section 15000 et seq. (“State CEQA Guidelines”).
The Project is statutorily exempt under Public Resources section 21080.25, subdivision (b)(1) because it consists of pedestrian and bicycle facilities that improve safety, access, or mobility within the public right-of-way. The Project satisfies the criteria in subdivision (c) because MTS is a local agency caring out the Project and is the lead agency for the Project; the Project would not induce single-occupancy vehicle trips; the Project does not require demolition of affordable housing units; and the Project will be completed by a skilled and trained workforce.
The Project is also categorically exempt from environmental review under State CEQA Guidelines section 15301 (Class 1) as a transit related 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. This includes, but is not limited to, existing sidewalks, bicycle and pedestrian trails and similar facilities, as well as restoration or rehabilitation of deteriorated or damages structures or facilities to meet current standards of public health and safety.
The Project is also exempt under State CEQA Guidelines section 15302 (Class 2) as the 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.
Lastly, the Project is exempt under State CEQA Guidelines section 15304 (Class 4) because it consists of minor alterations in the condition of land or vegetation that do not involve removal of healthy, mature, scenic trees.
None of exceptions to the categorical exemptions in State CEQA Guidelines section 15300.2 apply. The Project is not located in a sensitive environment as the Project impact area is within disturbed areas of the site. The cumulative impact of successive projects of the same types in the same place over time would not be significant because the Project is limited in size, scope, and distance from any adjacent development and there are no reasonably foreseeable projects that would result in cumulative impacts with the Project. Additionally, the Project does not involve any unusual circumstances. The Project’s circumstances would not differ significantly from the circumstances typical of the class of projects covered by the categorical exemptions. Accordingly, there is no reasonable possibility the Project would have a significant effect on the environment due to unusual circumstances. Further, the Project would not result in damage to scenic resources within a highway officially designated as a state scenic highway, would not be located on a site designated pursuant to Government Code 65962.5 (hazardous waste site), and would not involve any improvements, modifications, or other changes to an historical resource.