Reasons for Exemption
The project is exempt from provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15162 which states when an EIR has been certified or a negative declaration adopted for a project, not subsequent EIR or Negative Declaration shall be prepared for that project when the lead agency can make certain findings based on substantial evidence. Section 15162 applies in that, the City Council certified the Final Subsequent Environmental Impact Report (SEIR) and Mitigation Monitoring and Reporting Program on June 8, 2021 for General Plan Amendment No. 15-002, Specific Plan Amendment No. 15-001, Tentative Tract Map No. 36841 and a Notice of Determination was filed in accordance with CEQA requirements. The Planning Commission finds that TPM 38808 will not result in an increase in the density or intensity of the project and will not result in project changes that were not previously analyzed under the approved SEIR for the project. Furthermore, based on Planning Department staff’s knowledge of the project and surrounding developments, the Planning Commission concludes that there has been no change in circumstances under which the project is being undertaken that would require additional analysis under CEQA. Finally, the Planning Commission has not been presented with any information contrary to this conclusion nor any information from which it could be fairly argued there is substantial evidence that TPM 38808 involves new significant effects on the environment or substantially increases the severity of a previously identified effect.
The project may also be found exempt from provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15315 Minor Land Division – Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slop greater than 20 percent. Section 15315 Class 15 applies in that the information contained in the project file and documents incorporated herein by reference demonstrates that: Tentative Parcel Map No. 38808 (MAP23-004) is for the subdivision of 245.07 acres into four (4) parcels for the purpose of financing and conveyance only.