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2022-107 - Denying Appeal Application Nos. 2022-01 and 2022-02
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2022-107 - Denying Appeal Application Nos. 2022-01 and 2022-02
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1/17/2023 12:01:01 PM
Creation date
12/28/2022 3:07:10 PM
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City Clerk
Doc Type
Resolution
Agency
Clerk of the Council
Doc #
2022-107
Item #
41.
Date
12/20/2022
Destruction Year
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plan or general plan policies for which an EIR was certified shall not require <br />additional environmental review, except as might be necessary to examine <br />whether there are project -specific significant effects which are peculiar to the <br />project or its site." The CEQA Guidelines further state that "[i]f an impact is not <br />peculiar to the parcel or to the project, has been addressed as a significant <br />effect in the prior EIR, or can be substantially mitigated by the imposition of <br />uniformly applied development policies or standards ... then an additional EIR <br />need not be prepared for the project solely on the basis of that impact." CEQA <br />Guidelines Section 15183(c). <br />B. The GPU was adopted, and the GPU EIR certified, in April 2022 (State <br />Clearinghouse Number 2020029087); the GPU went into effect on May 26, <br />2022. Any decision by the City affecting land use and development must be <br />consistent with the GPU. The GPU EIR evaluates the potential environmental <br />effects associated with implementation of the GPU and addresses appropriate <br />and feasible mitigation measures that would minimize or eliminate these <br />impacts. A project is consistent with the GPU if its development density is the <br />same or less than the standard expressed for the involved parcel in the general <br />plan for which an EIR has been certified, and the project complies with the <br />density -related standards contained in that plan. CEQA Guidelines section <br />15183(i)(2). Development density standards can include the number of <br />dwelling units per acre, the number of people in a given area, floor area ratio <br />(FAR), and other measures of building intensity, building height, size <br />limitations, and use restrictions. <br />C. The GPU identifies that the Interim Development Standard for the FLEX-3 area <br />is M1. The M1 zone provides for a variety of light industrial uses, including <br />warehousing, manufacture, assembly, machine shops, and wholesale <br />businesses. The Project would result in a FAR of 0.42, which is within the <br />projections of the GPU EIR, which evaluated a density of 3.0 FAR on the site. <br />The GPU EIR adequately anticipated and analyzed the impacts of this Project <br />and identified applicable mitigation measures necessary to reduce impacts of <br />the Project, and the Project implements the applicable mitigation measures. <br />D. Specifically, the Project qualifies for the exemption because the following <br />findings can be made: <br />1. The Project is consistent with the development density established by existing <br />zoning, community plan or general plan policies for which an EIR was certified. <br />The Project would result in a FAR of 0.42, which is less than the maximum FAR of <br />3.0 allowable in the FLEX-3 designated area, which is the development density <br />established by the GPU and analyzed in the GPU EIR. The Project site has an <br />Interim Development Standard of M-1 (light Industrial zone). The M-1 zone does <br />not have density requirements. <br />2. There are no Project specific effects which are peculiar to the Project or its site, <br />and which the GPU EIR failed to analyze as significant effects. The subject <br />Resolution No. 2022-107 <br />Page 5 of 11 <br />
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