Amendments to the Master Plan of Arterial Highways (Fullerton)
Summary
SCH Number
2024090361
Public Agency
Orange County Transportation Authority
Document Title
Amendments to the Master Plan of Arterial Highways (Fullerton)
Document Type
NOE - Notice of Exemption
Received
Posted
9/11/2024
Document Description
The action taken by the Orange County Transportation Authority (OCTA) was to conditionally amend the Master Plan of Arterial Highways (MPAH) within the City of Fullerton. The proposed amendment will become final, contingent upon OCTA receiving documentation confirming that the City of Fullerton has amended their general plan accordingly. OCTA will amend the MPAH as follows:
1) Reclassify Harbor Boulevard, from a major (six-lane, divided) arterial to a primary (four-lane, divided) arterial between Bastanchury Road and Berkeley Avenue.
The map attached as Attachment A shows the location of the amendment to the MPAH.
Contact Information
Name
Charlie Larwood
Agency Name
Orange County Transportation Authority
Job Title
Manager
Contact Types
Lead/Public Agency
Phone
Email
Location
Cities
Fullerton
Counties
Orange
Regions
Citywide
Other Location Info
Harbor Boulevard
Notice of Exemption
Exempt Status
Statutory Exemption
Type, Section or Code
15262, 15061(b)(3)
Reasons for Exemption
The MPAH is a long-range planning document that describes existing infrastructure and conceptual future transportation facilities within Orange County. OCTA does not commit itself or any other public agency to approve, adopt, or fund any MPAH related projects by including those facilities on the MPAH. In order for projects on the MPAH to move forward, they must be approved by the appropriate lead agency based on detailed project applications and environmental review. Similarly, deletion of a facility from the MPAH does not preclude a local jurisdiction from implementing the facility. As a result, amendments to the MPAH do not have any reasonably foreseeable environmental consequences or commit OCTA, or any other public agency, to a definite course of action.
Amendments to the MPAH, therefore, are not "projects" subject to CEQA, and approval of an amendment to the MPAH does not constitute project "approval" for CEQA purposes. (Public Resources Code§ 21065; CEQA Guidelines§ 15378(a); CEQA Guidelines§ 15352(a)). If anything, the MPAH is a government funding mechanism expressly excluded from the definition of "project." (CEQA Guidelines § 15378(b)(4).) Among other things, voluntary consistency with the minimum capacity
reflected on the MPAH establishes eligibility for Measure M2 funding.
If amendments to the MPAH were to be considered "projects", the amendments would qualify for at least two exemptions from CEQA review. First, the MPAH is a planning and feasibility study. As explained above, neither the MPAH nor amendments to the MPAH have a legally binding effect. Therefore, amendments to the MPAH fall within CEQA's statutory exemption for planning and feasibility studies (CEQA Guidelines § 15262.). Second, for all of the foregoing reasons, it can be seen with certainty that there is no possibility that amendments to the MPAH may have a significant effect on the environment. Amendments to the MPAH therefore fall within CEQA's "common sense" exemption (CEQA Guidelines § 15061 (b)(3)).
County Clerk
Orange
Attachments
Notice of Exemption
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