Reasons for Exemption
The VMT Policy, including the VMT Mitigation Banking Program, is consistent with state law, in that it would allow the City to implement SB 743 in accordance with OPR’s technical guidelines on evaluating transportation impacts in CEQA. The adoption of a VMT Policy is not a “project” as defined in section 15378 of the CEQA Guidelines and Public Resources Code section 21065, as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment. The VMT Policy is an administrative activity of the City, providing guidance to property owners, project developers, applicants and proponents for determining the significance of transportation impacts of land use projects. The VMT Policy would not approve any specific development and would therefore not lead to any particular physical change to the environment. Moreover, even if found to be a “project,” the VMT Policy is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that the action of adopting the Policy would have a significant effect on the environment.