CEQA NOE (10.10.10/BAB)
Notice of Exemption
California Environmental Quality Act
TO: COUNTY CLERK
County of San Mateo
555 County Center Redwood City,
California 94063-1665
TO: STATE OF CALIFORNIA
Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, California 95814
FROM: CITY OF EAST PALO ALTO
Planning Division
1960 Tate Street
East Palo Alto, California 94303
PROJECT TITLE: Bell Street Park Magical Bridge Improvements PROJECT LOCATION SPECIFIC:
2159 University Avenue, East Palo Alto, CA 94303
PROJECT LOCATION, CITY, COUNTY:
City of East Palo Alto, San Mateo County
PROJECT DESCRIPTION:
The City is proposing to improve the existing Bell Street Park as an all abilities, all ages, universal playground (Magical Bridge). The project will include new amenities such as new pedestrian entries and walking paths/sidewalks, new bike racks, new outdoor gathering plaza, new outdoor gym, new landscaping, shade structure, a new amphitheater, new skate court, new bbq and picnic area, new accessible bathrooms, seating, plaza and donor wall, a turn around, and storm water facility improvements. All work will be conducted within the existing park.
NAME OR PUBLIC AGENCY APPROVING
PROJECT
City of East Palo Alto, a municipal corporation
NAME OF PERSON OR AGENCY CARRYING OUT PROJECT:
City of East Palo Alto
EXEMPT STATUS (Check One)
Ministerial (Sec. 21080 (b) (1); 15268)
Declared Emergency (Sec 21080 (b) (4); 15269 (a)
Emergency Project (Sec 21080 (b) (4) 15269 (b) (c)
X Categorical Exemption – CEQA Guidelines Section 15301, 15303, 15304 Statutory Exemption –
REASON WHY PROJECT IS EXEMPT
The proposed park improvements qualify for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15301, 15303 and 15304 (Class 1, 3 and 4) because the project consists of the maintenance and minor alteration of existing public park facilities, including the construction and location of limited numbers of new facilities and structures; and the minor public alteration in the condition of land and vegetation. The existing parking will be renovated to meet public recreational needs with modern accessible amenities that meet public safety standards. The project will be located on the same site, will have the same purpose and capacity, and will result in a negligible expansion of use. The site is not inhabited b y protected wildlife or other resources and the project has no potential to have significant effect on the environment.
C I T Y O F E A S T P A L O A L T O
Tel: (650) 853-3189 • Fax: (650) 853-3179
www.cityofepa.org
CEQA NOE (10.10.10/BAB)
Section 15301 of the CEQA guidelines provides for “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.” Projects eligible for this exemption include “Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety. (14 Cal. Code Regulations § 15301(d).) Because the Project seeks to improve an existing park, as noted below, the Project will notresult in the expansion of existing uses, and thus, Project is exempt under this provision.
Section 15303 of the CEQA guidelines provides for a categorical exemption for “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.” Projects eligible for this exemption include “Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.” (14 Cal. Code Regulations § 15301(e).) Agenda Report Page 2
The proposed will include new amenities such as new pedestrian entries and walking paths/sidewalks, new bike racks, new outdoor gathering plaza, new outdoor gym, new landscaping, shade structure, a new amphitheater, new skate court, new BBQ and picnic area, new accessible bathrooms, seating, plaza and donor wall, a turn around, and storm water facility improvements. These are all accessory structures consistent with the example provided in example (e) of Section 15303 of the CEQA Guidelines.
Section 15304 of the CEQA guidelines provides for a categorical exemption for “minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes.” Projects eligible for this exemption include new gardening or landscaping, including the replacement of existing conventional landscaping with water efficient or fire resistant landscaping. (14 Cal. Code Regulations § 15304(a), (b).) Because the Project proposes to install landscaping for the picnic area, new gardening, and landscaping the Project qualifies for the exemption.
In sum, due to the facts that: (a) the Project site serves as an existing City park, and the Project would not change the site’s existing park use, nor result in the expansion or intensification of the use; (b) The Project proposes to install a new bathroom (and other small structures), various outdoor recreational equipment, and install landscaping, and accordingly, there is no cumulative impact and there is no reasonable probability of a significant effect on the environment; (c) There will be a geotechnical report and structural engineers involved in the development of the foundation design of the restroom building, but not for the minimal regrading being undertaken for the play structures; accordingly, there is no evidence that there will be a significant effect on the environment; and (d) There is no substantial evidence that any exception to the Class 3 Categorical Exemption applies to this project, specifically including the unusual circumstances exception the Project is categorically exempt from CEQA.
LEAD AGENCY CONTACT PERSON
Patrick Heisinger
AREA CODE, TELEPHONE, Extension
(650) 422-4695
This notice shall be filed only after approval of an exempt project.
IF FILED BY APPLICANT
1. Attached certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? Yes____ No ___
3. Attach orginal and two copies of this Notice of Exemption.
4. Attach two self-addressed, stamped envelopes.
SIGNATURE TITLE DATE
Signed by __ Applicant X Lead Agency Patrick Heisinger,Assist. City Manager 1/25/2023
AFFIDAVIT OF COUNTY CLERK FILING AND POSTING
I declare that on _________________________ I received and posted this Notice as required by California Public Resources Code Section 2115.2. Said Notice will remain posted for thirty (30) days from the filing date.
By_____________________________________ Date ____________________________________________________