Reasons for Exemption
The City Council finds that awarding this Conditional Certificate is not a project subject to CEQA because such an award does not entitle Firefly to any specific use or to establish or operate anything and thus, the award will not make a direct or indirect change on the physical environment. Notwithstanding the above, in the event that the award of the Conditional Certificate were determined to be a "project" pursuant to CEQA, the City Council hereby finds such to be categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines, Sections 15061(b)(3), 15303 and 15332 based upon the following facts:
Findings of Fact: The proposed project is the establishment of a retail store in an existing structure. The new use will not involve the use of significant amounts of hazardous substances. The structure is less than 10,000 square feet in floor area on a site zoned for the proposed use. All necessary public services and facilities are already in place servicing the existing use. The site is located in an urban environment completely surrounded by existing urban uses and the surrounding area is not environmentally sensitive.
The proposed project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations as it is proposed for a retail use which is consistent with the Commercial/Light Industrial General Plan Land Use Designation and is allowed by the M-SC/LI Mixed Use District- Service Commercial/Light Industrial zoning. The use is proposed for a site within city limits on a project site of no more than five acres substantially surrounded by urban uses. As the site is already completely surrounded by urban uses and currently already completely developed, the project site has no value, as habitat for endangered, rare or threatened species. There is no evidence in the record that the establishment of the proposed retail use would result in any significant effects relating to traffic, noise, air quality, or water quality given that the site is already used for similar purposes in a commercial/light industrial area. The site is already served by all required utilities and public services. The proposal includes no expansion of the existing structure. The site is not listed as an historic resource and there are no historic resources adjacent thereto.
Based upon the above and the record as a whole it can be seen with certainty that that there is no possibility that the activity permitted herein will have a significant effect on the environment.