Greenlane Infrastructure: Introducing Zero-Emission Movement to the Inland Empire

2024110686

California Energy Commission

NOE - Notice of Exemption

11/21/2024

11/21/2024

Vivian Nguyen

California Energy Commission

Energy Analyst

Lead/Public Agency

715 P Street
Sacramento, CA 95814

(916) 244-9673

vivian.nguyen@energy.ca.gov

Barstow: Coordinates 34.854072, - 117.078289, Colton:1630 and 1650 Fairway Drive

Statutory Exemption

14 C.C.R. § 15177 and 14 CCR § 15061(b)(3)

City of Barstow Project Site In its CEQA Notice of Exemption (NOE), dated August 6, 2024, the City of Barstow’s Planning & Community Development Administrator described the project as, “The proposed private project involves the construction and operation of an EV charging site for dedicated use by electric semi-trucks. The project site is located along High Point Parkway . . . in the City of Barstow and is vacant and undeveloped. . . . EV charging site would include 26 EV charging stalls for dedicated use by electric semi-trucks, 26 non-charging stalls (or pull-through lanes) designated for electric semi-trucks, canopies to partially cover the pull-through lanes, 14 passenger vehicle parking spaces, an amenity building with an initial footprint of 2,500 square feet, with the possibility of expanding by an additional 5,000 square feet by the end of the decade, and on-site retention pond.” The City of Barstow’s NOE further states, “The proposed private project is consistent with the City’s 2014 Master Environmental Impact Report (EIR) and development of the project is within the parameters considered in the EIR. The proposed project would have no new significant environmental impact beyond those identified in the 2014 Master EIR. The project is consistent with the applicable general plan designations and all general plan policies and zoning designation and regulations. This project is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines§15177, 15377, and 15379, no further CEQA analysis is required.” The cited CEQA Guidelines sections are: § 15177, regarding subsequent projects within the scope of a Master EIR; § 15377, providing a definition for “private project;” and §15379, with a definition of “public agency” under CEQA. Besides the NOE, CEC staff reviewed related documents, including, but not limited to: The City of Barstow’s Building Official/Fire Marshal’s Finding of Consistency memorandum regarding the Barstow EV Station, dated May 12, 2024. This memorandum shows consistency of the project with the City’s General Plan Elements, in part, based on prior environmental impact analysis in the City of Barstow General Plan Revision Master EIR of 2014-2015. Also, the Recipient provided a Biological Resources Letter Report by Rincon Consultants, Inc. (Aug. 2023) showing that the highly disturbed and previously graded site has no biological resources of concern. In addition, the Recipient’s proposal included information about historic, cultural, environmental pollution (i.e., recent desktop review for contamination) and other environmental conditions at the Barstow site, supporting a conclusion of no potential environmental impacts. Based on review of the City of Barstow’s NOE and related materials, the CEC’s action of issuing a grant to support the project is exempt from CEQA based on 14 C.C.R. § 15177, regarding subsequent projects within the scope of a Master EIR, and, based on the extensive administrative and technical record provided by the City of Barstow and the Recipient, under 14 CCR § 15061(b)(3), the common sense exemption. Project as a Whole The project will not impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies; does not involve any cumulative impacts of successive projects of the same type in the same place that might be considered significant; does not involve unusual circumstances that might have a significant effect on the environment; will not result in damage to scenic resources within a highway officially designated as a state scenic highway; the project site is not included on any list compiled pursuant to Government Code section 65962.5; and the project will not cause a substantial adverse change in the significance of a historical resource. Therefore, none of the exceptions to categorical exemptions listed in CEQA Guidelines section 15300.2 apply to this project, and this project will not have a significant effect on the environment.

Other

14 CCR § 15061(b)(3)

City of Colton Project Site The Colton project site is generally flat, with the western portion covered with a surface parking lot and the eastern portion undeveloped. The site includes sparse vegetation including shrubs and trees. The proposed facilities include approximately 19 pull-though EV charging stations, 6 back-in EV charging stations, and 29 bob-tail EV charging stations, for a total of 54 electric truck stations, and approximately 8 light-duty vehicle EV charging stations. The project would also include an accessory 3,000 square-foot travel center and amenities building, utility power upgrades, stormwater retention areas, 38 passenger vehicle parking spaces, and an approximately 0.5 to 1.5-MW battery energy storage (BESS). On May 21, 2024, the City Council of Colton unanimously approved a Zoning Text Amendment to allow “Electric Vehicle Charging Stations/Hydrogen Vehicle Charging Station” uses within certain zoning designations, including that of the project site. Supporting this action, the City of Colton’s Development Services Department provided a staff report to the Planning Commission, dated April 23, 2024 regarding the Zoning Amendment. The report concluded that the amendment was exempt from CEQA under 14 CCR § 15061(b)(3), the common sense exemption, “due to the certainty that there is no possibility that the action will have a significant effect on the environment” (Planning Commission meeting agenda, April 23, 2024). Besides the Zoning Amendment documents, the CEC staff reviewed related documents, including, but not limited to a “Greenlane Colton Mixed Clean Fuel Facility Project: Statutory Exemption Report” prepared by Rincon Consultants (Aug. 2024). This report supports the City of Colton’s conclusion that for the City, approval of the project is only ministerial; and therefore, exempt under 14 CCR §15268, Ministerial Projects. Also, the Recipient provided a Technical Memorandum: Biological and Habitat Review regarding the Colton project site by GHD consultants (Oct. 2023) indicating the “area is a flat and open previously disturbed site and is characterized by paved surfaces, dirt, and sparse vegetation containing shrubs and small trees. There is minimal suitable habitat within the Project area to support plant and wildlife species. . . . there is no critical habitat for listed species within the Project boundaries or adjacent to the site.” In addition, the Recipient’s proposal includes information about historic, cultural, environmental pollution (i.e., recent review for contamination) and other environmental conditions at the Colton site, supporting a conclusion of no potential environmental impacts. Based on review of the City of Colton’s Zoning Amendment staff report and related materials, the CEC’s action of issuing a grant to support the project is exempt from CEQA based on the extensive administrative and technical record provided by the City of Colton and the Recipient, under 14 CCR § 15061(b)(3), the common sense exemption. Project as a Whole The project will not impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies; does not involve any cumulative impacts of successive projects of the same type in the same place that might be considered significant; does not involve unusual circumstances that might have a significant effect on the environment; will not result in damage to scenic resources within a highway officially designated as a state scenic highway; the project site is not included on any list compiled pursuant to Government Code section 65962.5; and the project will not cause a substantial adverse change in the significance of a historical resource. Therefore, none of the exceptions to categorical exemptions listed in CEQA Guidelines section 15300.2 apply to this project, and this project will not have a significant effect on the environment.