Reasons for Exemption
a) The project and successive projects of the same type in the same place will not result in cumulative impacts.
Response: CEQA Guidelines Section 15300.2(b) does not apply because the Project is consistent with the General Plan and Zoning Code designation. The Environmental Documents for both analyzed the impacts of such development, as well as the cumulative impacts of development in this area as zoned. The Clearlake General Plan EIR found that the cumulative impacts of the GP implementation would be less than significant, but for the cumulative effects of GHG emissions. The EIR found those cumulative impacts to be potentially significant. However, there is no evidence of a potential significant cumulative impact here because successive projects of the same type in the same place have not been approved and are not currently proposed.
b) There are no unusual circumstances creating the reasonable possibility of significant effects.
Response: CEQA Guidelines Section 15300.2(c) does not apply because there are "no unusual circumstances [that] give rise to 'a reasonable possibility that the activity will have a significant effect on the environment." The Project is located in an area zoned for this type of development.
c) The project will not result in damage to scenic resources, including, but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within an officially designated scenic highway.
Response: CEQA Guidelines Section 15300.2(d) does not apply to the project site as the site is not located adjacent to or visible from a designated scenic highway. Scenic Highway 53 is nearly ¼ mile away, and is not adjacent to, or visible from the project site. Therefore, the Project will not result in any impacts to the Scenic Highway.
d) The project is not located on a site that the Department of Toxic Substances Control and the Secretary of Environmental Protection have identified as being affected by hazardous wastes or clean-up problems; or
Response: CEQA Guidelines Section 15300.2(e) does not apply because the site is not a state-designated hazardous waste site. The project site is located in a mapped non-hazardous area as is all of the surrounding area. Cal Enviro-screen shows the nearest State Response site as being 153 miles away from the Project site.
e) The project will not cause a substantial adverse change in the significance of a historical resource.
Response: CEQA Guidelines Section 15300.2(f) does not apply because there are no historic resources or structures located within or around the pro ject site. Please see attached Cultural Resources Survey, concluding that there are no historic resources.
WHAT IN FORMATION IS N EEDED TO MAKE THIS DETERMINATION
If your project meets all of the requirements listed above, you may qualify for a Class 32 Exemption. Please fill out the Project Data Sheet and Class 32 Exemption Findings and submit them with your development application. Technical studies may be required in order to substantiate the exemption findings. The Project Planner will determine what CEQA review will ultimately be required after analyzing your proposal.
Please indicate how your proposal meets the following findings. Attach additional sheets if necessary.
1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations:
Response: Yes. The Project is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as applicable zoning designation and regulations. The Project site is High Density Residential, which allows up to 25 units/acre. This use is consistent with the High-Density Residential designation, and the Project will be consistent with all other applicable land use regulations.
2. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses:
Response: Yes. The Project, as proposed, is located on a 4.971-acre site. The original project site is approximately. 11 acres, but this Project seeks a lot line adjustment to make the Site size 4.971. The remainder of the acreage will be donated to a land trust to be conserved as open space.
3. The project site has no value as a habitat for endangered, rare, or threatened species:
Response: The applicant has commissioned a Habitat Assessment which concluded that the project will not affect designated critical habitat. Habitat assessments for botanical and wildlife species were conducted by Gallaway Enterprises to determine the suitable habitat elements for special-status species within the survey area (BSA), Gallaway found that there is no designated critical habitat within or adjacent to the BSA and no Sensitive Natural Communities occur within the BSA. There were no endangered, threatened or rare plants observed within BSA during the protocol level survey. Potential habitat was identified for golden eagle, pallid bat, and several avian species protected under the MBTA, though measures to be implemented during construction will mitigate any disturbance of these species.
4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality:
Response: The Project, as designed, would have less than significant impacts on traffic, noise, air quality, and water quality. Noise impacts from construction would be mitigated by limiting construction to normal business hours. Post-construction noise impacts on residents would not be significant because all units will be built with closed HVAC systems STC 32 windows. Furthermore, the Project must meet HUD Noise mitigation requirements for affordable housing projects. The project will not have significant traffic impact, as there are proposed street and sidewalk improvements along both Old Hwy 53 and Dexter. The Project proposes measures beyond those required by the General Plan, and thereby creating less impacts than anticipated by that EIR with respect to air quality and water quality impacts; the Project proposes 100% Solar PV offset and 100% electric buildings mitigate air quality. Water quality will be mitigated by using recycled grey water for landscape and implementing strict adherence to LID BMPs post construction.
5. The site can be adequately served by all required utilities and public services:
Response: Yes. The project has obtained a "Will Serve letter" from the Lake County Special Districts and Highlands Water Agency.