Mountain View Whisman School District

Agenda Item for Board Meeting of 10/21/2021

Agenda Category:  REVIEW AND ACTION

Agenda Item Title:  Resolution No. 01-102121 Determining that the LED Lighting Projects are Exempt from the California Environmental Quality Act, Deciding to Carry Out the Project, and Directing the Filing of a Notice of Exemption (10 minutes)

Estimated Time: 

Person Responsible: 

Rebecca Westover, Ed.D., Chief Business Officer

Background: 

The District has developed nine (9) separate LED lighting projects, each one, except for the Stevenson Elementary School/District Office Project (“Stevenson ES”), consisting of the installation of LED light poles and/or bollard-type LED fixtures in parking lots and paths of travel at existing District school campuses. Collectively, the installation of LED light poles and bollard-type fixtures are referred to as “Projects.” Below are the District sites and addresses of the Projects:

The Proposed Projects consist of the installation of 12’ high LED light poles and bollard-type LED fixtures that will be located in either existing parking lots of paths of travel, or both.  The lights will be controlled by photo-cell (on) and timer (off). The District will set the timing of the lights to switch off each evening and do not intend to keep the lights on during the nighttime hours. 

Before the District may determine to carry out the Proposed Projects, it must complete environmental review under the California Environmental Quality Act (“CEQA”), which exempts certain defined projects from completing a negative declaration or environmental impact report.  District staff has determined that the Proposed Projects meet the definitions of the Class 1, and Class 3 Categorical Exemptions set forth in CEQA Guidelines sections 15301 and 15303.  Additionally, the Stevenson ES project meets the definition of the Class 2 Categorical Exemption set forth in CEQA Guidelines section 15302.

RATIONALE:

The Class 1 Categorical Exemption exempts a project that consists of the operation, repair, maintenance, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Examples include but are not limited to interior or exterior alterations involving such things as interior partitions, plumbing and electrical conveyances. Here the Proposed Projects consist of the installation of light poles and/or bollard type fixtures, and the replacement of fixture heads, which are minor alterations to the exterior of the existing public school facilities, similar in nature to plumbing fixtures or electrical conveyances. Further, they involve no expansion of the existing public facilities, and are therefore exempt from further CEQA review.

The Class 2 Categorical exemption exempts a project that consists of replacement of existing structures and facilities where the new structure or facility will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Here, the Stevenson ES project consists of the replacement of fixture heads on existing light poles at an existing public facility, and is therefore exempt from further CEQA review.

The Class 3 Categorical Exemption exempts a project that consists of construction and location of limited numbers of new, small facilities or structures. Here, the Proposed Projects consist of the installation of light poles and/or bollard type fixtures, and the replacement of fixture heads, which are relatively small, accessory structures on existing public school facilities, and are therefore exempt from further CEQA review.

Once a project is determined to be exempt, it is no longer subject to either the procedural or substantive requirements of CEQA.  Thus, CEQA review would be complete should the board determine that the Proposed Project is exempt and to carry out the Proposed Project.

CEQA Guidelines section 15300.2 provides six exceptions that would disqualify a project from being categorically exempt.  For the Class 3 categorical exemption, an exception includes a project located within a particularly sensitive environmental location. For the Class 1, Class 2, and Class 3 categorical exemptions: (1) where the cumulative impact of successive projects of the same type in the same place would be significant over time; (2) a significant environmental impact would occur due to unusual circumstances; (3) a project that would cause damage to scenic elements with a designated state scenic highway; (4) a project that is on a site designated as a Hazardous Waste Site; or (5) a project that causes a substantial adverse change to a historical resource.

1. The Proposed Projects are not within a particularly sensitive environmental location; they are within already established school campuses and facilities, surrounded by street lighted, urban, residential areas.

2. The Proposed Projects are the only projects of the same type at the same place.  No other similar, successive projects are proposed at the same locations.

3. There are no known unusual circumstances that would be caused by the installation of light poles and bollard-type fixtures. The Project sites are located within developed communities with existing light poles in the neighborhoods.

4. The Proposed Projects are not within or near a designated state scenic highway. (see attached map)

5. The Proposed Project sites are not on sites designated as a Hazardous Waste Sites.

6. Since no buildings will be demolished or altered as a result of the Proposed Projects, the Proposed Projects would not cause a substantial adverse change to a historical resource if any exists at the Projects’ sites.

Accordingly, there is no exception that would disqualify the Proposed Project from the Class 1, Class 2, or Class 3 Categorical Exemptions.

Should the Board adopt the Resolution, District staff will file a Notice of Exemption with the Santa Clara County Clerk and the State Clearinghouse.

None.

It is recommended that the Board of Trustees adopt Resolution No. 01-102121 determining that the LED Lighting Projects are Exempt from the California Environmental Quality Act, Deciding to Carry Out the Projects, and Directing the Filing of a Notice of Exemption.