July 9th, 2025
Culver City
Subject: IKE Smart City – Substantial Evidence for CEQA Categorical Exemptions
To Whom It May Concern:
Dudek has evaluated the IKE Smart City Digital Wayfinding Program (project or proposed project) in Culver City. The proposed project includes authorization of a 10-year Agreement between Culver City and IKE Smart City, LLC for the Financing, Implementation, Management and Operation of a Digital Wayfinding System (Agreement) according to the Chapter 17.330, Signs, of the City’s Municipal Code, to allow for the installation and operation of up to 30 digital wayfinding kiosks throughout Culver City, subject to the specific siting plan requirements in the Agreement. Deployment would proceed in two phases, with 15 IKE kiosks to be deployed initially during Phase I, and, in mutual agreement between the City and IKE Smart City, LLC, 15 additional kiosks may be deployed during Phase II. Based on our review of the proposed project, we have determined and confirm that the project meets the criteria for the categorical exemption under the California Environmental Quality Act (CEQA) Guidelines (California Code of Regulations Title 14) Sections 15301(c) (Class 1), 15303 (Class 3) and 15304 (Class 4), as described herein. Due to the proposed project consisting of minor improvements occurring within existing streets, sidewalks and pathways, a Class 1 Categorical Exemption has been proposed. Further, a Class 3 Categorical Exemption is applied due to the nature of the project which consists of construction of small new equipment and facilities in small structures, as further defined to include street improvements. Finally, Class 4, consisting of minor public alterations which do not involve the removal of healthy, mature, scenic trees, including but not limited to minor trenching and backfilling where the surface is restored, is appropriate for this proposed project. We have included below substantial evidence to justify this conclusion. The italicized and bold provisions below are those which the proposed project falls within:
CATEGORICAL EXEMPTIONS AND EXCEPTIONS
Article 19 of the CEQA Guidelines includes a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. Such projects are categorically exempt from the requirement for the preparation of environmental documents.
Culver City
Subject: IKE Smart City Substantial Evidence for CEQA Class 1, 3 and 4 Categorical Exemptions
2 July 2025
Pursuant to CEQA Guidelines Section 15300.2, to qualify for Section 15301, 15303 or 15304 categorical exemptions, projects must ensure they do not take the following exceptions:
Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.
Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.
Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.
Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.
Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.
CLASS 1 EXEMPTION: EXISTING FACILITIES
Projects within the Class 1 exemption consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of “existing facilities” itemized below are not intended to be all inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project Culver City
Subject: IKE Smart City Substantial Evidence for CEQA Class 1, 3 and 4 Categorical Exemptions
3 July 2025
involves negligible or no expansion of use. Application of this exemption, as all categorical exemptions, is limited by the exceptions described above.
Class 1 exemptions are appropriate for projects that meet the following conditions:
Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances;
Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes.
Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood;
Additions to existing structures provided that the addition will not result in an increase of more than;
o 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or
o 10,000 s.f. if;
The Project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and
The area in which the project is located is not environmentally sensitive. Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices;
New copy on existing on and off-premise signs;
Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of pesticides).
Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources;
Fish stocking by the California Department of Fish and Game; Culver City
Subject: IKE Smart City Substantial Evidence for CEQA Class 1, 3 and 4 Categorical Exemptions
4 July 2025
Division of existing multiple family or single-family residences into common-interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt;
Demolition and removal of individual small structures listed in this subdivision:
o One single-family residence. In urbanized areas, up to three single-family residences may be demolished under this exemption.
o A duplex or similar multifamily residential structure. In urbanized areas, this exemption applies to duplexes and similar structures where not more than six dwelling units will be demolished.
o A store, motel, office, restaurant, or similar small commercial structure if designed for an occupant load of 30 persons or less. In urbanized areas, this exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use.
o Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources
Conversion of a single-family residence to office use. Installation, in an existing facility occupied by a medical waste generator, or a steam sterilization unit for the treatment of medical waste generated by the facility provided that the unit is installed and operated in accordance with the Medical Waste Management Act
Use of a single-family residence as small family day care home.
The Class 1 exemption applies because the proposed project consists of minor improvements and other alterations to existing streets and sidewalks that do not create additional automobile lanes, and devices to be used in conjunction with existing structures and facilities (specifically, existing streets and sidewalks) for purposes of protecting pedestrian health and safety by providing public benefit information, and providing navigational and wayfinding assistance, none of which involves more than a negligible expansion in use of existing streets and sidewalks.
Therefore, substantial evidence supports the conclusion that the Class 1 exemption applies to the proposed project.
CLASS 3 EXEMPTION: NEW CONSTRUCTION OR CONVERSATION OF SMALL STRUCTURES
Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section Culver City
Subject: IKE Smart City Substantial Evidence for CEQA Class 1, 3 and 4 Categorical Exemptions
5 July 2025
are the maximum allowable on any legal parcel. Examples of the exemption include, but are not limited to:
One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption.
A duplex or similar multi-family residential structure, totaling no more than four dwelling units. In urbanized areas, this exemption applies to apartments, duplexes and similar structures designed for not more than six dwelling units. A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to service such construction. Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
An accessory steam sterilization unit for the treatment of medical waste at a facility occupied by a medical waste generator, provided that the unit is installed and operated in accordance with the Waste Management Act.
The Class 3 categorical exemption applies because the proposed project consists of limited numbers of new, small facilities or structures including street improvements and utility extensions of reasonable length to serve such construction. The fact that the proposed project includes up to 30 kiosks does not exclude it from the exemption because the number and location is limited pursuant to the proposed Agreement and the City’s sign code, which limits the screen area to no more than 15 square feet per face. It is well recognized that the Class 3 exemption applies to the installation of small new equipment on numerous existing small structures in scattered locations. Therefore, substantial evidence supports the conclusion that the proposed project is within the Class 3 exemption.
CLASS 4 EXEMPTION: MINOR ALTERATIONS TO LAND
Class 4 exemptions consist of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal or healthy, mature, scenic trees except for forestry or agricultural purposes. Examples include but are not limited to:
Grading on land with a slope less than 10 percent, except that grading shall not be exempt in a waterway, in any wetland, in an officially designed (by federal, state, or local Culver City
Subject: IKE Smart City Substantial Evidence for CEQA Class 1, 3 and 4 Categorical Exemptions
6 July 2025
government action) scenic area, or in officially mapped areas of severe geologic hazard such as an Alquist-Priolo Earthquake Fault Zone or within an official Seismic Hazard Zone, as delineated by the State Geologist.
New gardening or landscaping, including the replacement of existing conventional landscaping with water efficient or fire-resistant landscaping. Filling of earth into previously excavated land with material compatible with the natural features of the site.
Minor alterations inland, water, and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of the habitat for fish and wildlife resources or greater fish production. Minor temporary use of land having negligible or not permanent effects on the environment, including carnivals, sales of Christmas trees, etc. Minor trenching and backfilling where the surface is restored; Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal agencies;
The creation of bicycle lanes on existing rights-of-way. Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare or threatened plant or animal species or significant erosion and sedimentation of surface waters.
The Class 4 exemption applies because the proposed project includes minor alterations in the condition of existing land which does not involve removal of trees, specifically the condition of existing streets and sidewalks, and may involve trenching and backfilling in various locations for installation of kiosks, and in all instances the surface is required to be restored. Therefore, substantial evidence supports the conclusion that the proposed project is within the scope of the Class 4 exemption.
Categorical Exemption Exception Analysis
The exceptions to Categorical Exemptions pursuant to CEQA Guidelines Section 15300.2 as set forth above do not apply, for the following reasons:
Location. The project does not have an impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies because it is not proposed to be located in any such areas.
Cumulative Impact. Cumulative impacts of successive projects of the same type in the same place, over time are not significant. The project is permitted pursuant to an exclusive Agreement with the City and a provision in the City’s sign regulations that limits the allowed size of kiosks operating in the right of way. With this provision, there are no Culver City
Subject: IKE Smart City Substantial Evidence for CEQA Class 1, 3 and 4 Categorical Exemptions
7 July 2025
projects of the same type in the same place that may cause potentially significant cumulative impacts.
Significant Effect. Based on the proposed project and limitations on the location of kiosks under the Agreement, there is no reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The project does not propose Kiosks to be installed within residential zoning and will comply with the illumination restrictions pursuant to the City’s municipal code section 17.330.030(E). The technical specifications ensure that the kiosks also do not generate noise that will exceed the City’s threshold of significant or significantly raise existing ambient noise over the existing levels in the City.
Scenic Highways. The project is not located on, or adjacent to, a highway officially designated as a state scenic highway. Therefore, the proposed project will not have any impact on a state scenic highway.
Hazardous Waste Sites. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Therefore, the proposed project will not have any impact on a hazardous waste site.
Historical Resources. The proposed project would be located on previously disturbed surfaces such as sidewalks. Kiosks are not proposed on parcels with a designated historic resource. Therefore, the project will not have any impact on historical resources.
CONCLUSION
As described above, the proposed project is exempt from further environmental review as minor alterations to existing streets and highways that do not create additional automobile lanes or involve more than a negligible increase in use of existing facilities, consisting of the addition of small facilities and potential minor alteration to land within the existing right-of-way during construction, after which the surface will be restored.
Further, the terms of the Agreement dictate the siting of the kiosks and expressly restrict the location of any kiosk such that it cannot be located where there is a reasonable possibility of a significant effect on the environment such as a designated environmentally sensitive area, state scenic highway or hazardous waste site, or so as to cause a change in the significance of historical resources. Further, the project will comply with the illumination restrictions pursuant to the City’s municipal code section 17.330.030(E). The technical specifications ensure that the kiosks also do not generate noise that will exceed the City’s threshold of significant or significantly raise existing ambient noise over the existing levels within the program target areas.
Culver City
Subject: IKE Smart City Substantial Evidence for CEQA Class 1, 3 and 4 Categorical Exemptions
8 July 2025
As set forth in the agreement, kiosks would avoid obstruction of public right-of-way of access and path-of-travel consistent with the requirements of federal and State law. The location criteria would ensure no conflicts with public emergency access to fire hydrants or other emergency responder request. It would further restrict a site that required the removal of existing trees. To enforce this criteria, the Agreement requires that IKE would obtain City approval and identify general locations, specific locations and define the implementation of the installation and maintenance of the kiosks.
The proposed project does not fall under any of the exceptions to use of a categorical exemption, as defined in Article 19 of the CEQA Guidelines (and described above). The project is not anticipated to result in any significant direct or cumulative impacts and would not result in damage to scenic resources within a highway officially designated as a state scenic highway. The project site is also not included on any list compiled pursuant to Section 65962.5 of the Government Code (hazardous waste sites). Lastly, the project would not cause a substantial adverse change in the significance of a historical resource.
Substantial evidence in the record as a whole supports these conclusions. As a result, Dudek is recommending that this project utilize the Class 1, 3 and 4 CEQA exemptions. If you have any questions regarding this analysis, please feel free to contact me at 760.479.4299, or [email protected].
Sincerely,
Carey Fernandes, AICP
Practice Director, CEQA/NEPA