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environmental damage or substantially and avoidably injure <br />fish and wildlife or their habitat. <br />5. The design or improvements of the proposed project will not cause <br />serious public health problems. <br />The design or improvements of the proposed development <br />will not cause serious public health problems. The proposed <br />project will comply with all applicable Title 24, California <br />Building Code, and all other applicable regulations intended <br />to safeguard the public. As a residential use, there will be no <br />hazardous material, noxious fumes or vibrations generated <br />by the use. <br />6. The design or improvements of the proposed project will not conflict <br />with the easements acquired by the public at large for access <br />through or use of property within the proposed project. <br />Approval of the tentative tract map for condominium <br />purposes for this project will not create conflicts with any <br />easements necessary for the public access through the <br />subject property, as there are none identified on the most <br />current title report. <br />D. In accordance with Section 15177 of the California Environmental Quality <br />Act (CEQA), the project is within the scope of the Environmental Impact <br />Report (EIR) for the Transit Zoning Code (SD 84) certified June 7, 2010 <br />(SCH 2006071100) and, as such, does not require additional environmental <br />review subject to compliance with certain criteria. The discussion in the <br />staff report identifies each criterion and provides the information necessary <br />to find compliance. Accordingly, a Notice of Determination pursuant to <br />Section 15075 for Environmental Review No. 2013-36 will be filed for this <br />project. <br />Section 2. The Planning Commission, after conducting the public hearing, hereby <br />approves Tentative Tract Map No. 2013-01 (County Map No. 17498) as conditioned in <br />Exhibit "A" attached hereto and incorporated herein. This decision is based upon the <br />evidence submitted at the above said hearing, which includes, but is not limited to: the <br />Request for Planning Commission Action dated May 28, 2013, and exhibits attached <br />thereto; and the public testimony, all of which are incorporated herein by this reference. <br />ADOPTED this 28th day of May 2013 by the following vote: <br />AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle(6) <br />NOES: Commissioners: None (0) <br />ABSENT: Commissioners: Yrarrazaval (1) <br />ABSTENTIONS: Commissioners: None (0) <br />Resolution No. 2013-06 <br />Page 3 of 6 <br />32A-25