Resolution No. 2.3-2024, Approving an Agreement for the Exchange of Real Property and Joint Escrow Instructions (the “Agreement”)

2024020593

Rowland Water District

NOE - Notice of Exemption

2/15/2024

2/15/2024

Tom Coleman

Rowland Water District

General Manager

Lead/Public Agency / Project Applicant

3021 Fullerton Road
Rowland Heights, CA 91748

(562) 697-1726

TColeman@rwd.org

Undeveloped land in Rancho La Puente map book and Rancho La Habra map book

Categorical Exemption

State CEQA Guidelines sections 15301, 15304, 15378 and 15061(b)(3)

The Agreement is not a “project” subject to CEQA and, alternatively, is exempt from CEQA review. State CEQA Guidelines section 15378 defines a “project” as an activity that may result in a direct or reasonably foreseeable indirect physical change in the environment. Because the transfer of land and ownership rights is a merely paperwork exercise and does not approve any development of the property, the approval of the Agreement would not result in a change of use, intensity, maintenance, or operation. Thus, no direct or reasonably foreseeable indirect impact to the physical environment will result and, accordingly, the transfer is not a CEQA “project.” It can be seen with certainty that the mere paperwork exercise of transferring title presents no possibility that the acquisition may have a significant effect on the environment and, therefore, the “common sense” exemption from CEQA under State CEQA Guidelines section 15061(b)(3) applies. The action merely involves the ongoing operation of existing public structures, facilities, and topographical features, and the approval of the land swap and related ownership rights will not result in a change in operation. The Habitat Authority will continue to preserve and maintain the property it receives from the District in the same (or better) biological condition, and the access easement that the District will be receiving in exchange will not damage or interfere with the Habitat Authority’s ongoing conservation efforts on its land. In addition, no change in the use of the properties to be exchanged is anticipated. As such, the Agreement’s approval is exempt as an ongoing operation/Class 1 exemption under State CEQA Guidelines 15301. The action consists of a title swap between two entities, which will continue the ongoing operation and maintenance of the properties in substantially the same (or better) environmental condition, and for the purpose of better ensuring the defensibility of critical services facilities against fire hazards near the District’s existing fence-line. Thus, the action is exempt from CEQA as a fuel management activity to reduce fire risk as a Class 4 exemption under State CEQA Guidelines section 15304. Furthermore, none of the exceptions to the use of the Class 1 or Class 4 exemptions under State CEQA Guidelines section 15300.2 apply. The action will not result in a cumulative impact from successive projects of the same type in the same place, over time. Additionally, there are no unusual circumstances surrounding the action that result in a reasonably possibility of a significant effect on the environment. The action will not result in damage to scenic resources within an official state scenic highway nor is the action site located on a site included on any list compiled pursuant to Government Code section 65962.5. The action will also not cause a substantial adverse change in the significance of historical resource.