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Item 41 - Amendment Application No. 2022-01 and Appeal Nos. 2022-01 and 2022-02
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Item 41 - Amendment Application No. 2022-01 and Appeal Nos. 2022-01 and 2022-02
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Clerk of the Council
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41
Date
12/20/2022
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A. As set forth in CEQA Guidelines Section 15183(a), projects that are <br />"consistent with the development density established by the existing zoning, community <br />plan or general plan policies for which an EIR was certified shall not require additional <br />environmental review, except as might be necessary to examine whether there are <br />project -specific significant effects which are peculiar to the project or its site." The CEQA <br />Guidelines further state that "[i]f an impact is not peculiar to the parcel or to the project, <br />has been addressed as a significant effect in the prior EIR, or can be substantially <br />mitigated by the imposition of uniformly applied development policies or standards .. . <br />then an additional EIR need not be prepared for the project solely on the basis of that <br />impact." CEQA 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, 2022. Any <br />decision by the City affecting land use and development must be consistent with the GPU. <br />The GPU EIR evaluates the potential environmental effects associated with <br />implementation of the GPU and addresses appropriate and feasible mitigation measures <br />that would minimize or eliminate these impacts. A project is consistent with the GPU if its <br />development density is the same or less than the standard expressed for the involved <br />parcel in the general plan for which an EIR has been certified, and the project complies <br />with the density -related standards contained in that plan. CEQA Guidelines section <br />15183(i)(2). Development density standards can include the number of dwelling units per <br />acre, the number of people in a given area, floor area ratio (FAR), and other measures of <br />building intensity, building height, size limitations, and use restrictions. <br />C. The GPU identifies that the Interim Development Standard for the FLEX-3 <br />area is M1. The M1 zone provides for a variety of light industrial uses, including <br />warehousing, manufacture, assembly, machine shops, and wholesale businesses. The <br />Project would result in a FAR of 0.42, which is within the projections of the GPU EIR, <br />which evaluated a density of 3.0 FAR on the site. The GPU EIR adequately anticipated <br />and analyzed the impacts of this Project and identified applicable mitigation measures <br />necessary to reduce impacts of the Project, and the Project implements the applicable <br />mitigation measures. <br />D. Specifically, the Project qualifies for the exemption because the following findings <br />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-XXX <br />Page 5 of 12 <br />
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