Reasons for Exemption
1.Eligibility. To qualify for this exemption the public agency must have prepared an EIR on a specific plan after January 1, 1980. EIR No. 531 (EIR531) was certified, and Specific Plan No. 382 was concurrently adopted on November 19, 2014, by the Board of Supervisors. The proposed Project meets this requirement.
2.Scope. Residential projects covered by this section include but are not limited to land subdivisions, zoning changes, and residential planned unit development. Specific Plan No. 382 (SP382) established a 342.3-acre residential community development in the French Valley Area of Riverside County. TTM38175 proposes the subdivision of 17.40 acres into 96 single family residential lots, and TTM38263, with corresponding PPT220005, propose to construct 135 detached condominium units. As the land use designation is Medium High Density Residential (MHDR), the Project would not change the type of use and density set for Planning Area 9 (P.A. 9) and Planning Area 28 (P.A. 28); housing types, such as detached condominiums and single-family residential lots, would be anticipated. The standards for density are 5 to 8 dwelling units per an acre. TTM38175 proposes development at 5.5 dwelling units per an acre, and TTM38263 proposes development at approximately 6.1 dwelling units per an acre. The number of units anticipated for these Planning Areas at the time of the creation of SP382 was 142 units for P.A. 9 and 99 units for P.A. 28. As the Project is proposing less units than was anticipated for these Planning Areas, the overall impacts would either remain the same or can be anticipated to be less than those that were set forth by the EIR. Therefore, the proposed Project meets this requirement.
3.Limitation. This section is subject to the limitation that a specific plan undergoes an event, such as, but not limited to: a substantial change to the proposed project is made that requires major revisions of the previous EIR; new circumstances under which the project is undertaken that will require major revisions to the previous EIR; or new information has been found resulting in new significant effects or increasing the severity of a significant effect that were not known at the time of the previous EIR. Should one or more of these events occur, this exemption shall not apply until the city or county which adopted the specific plan completes a subsequent EIR or supplement to a previous EIR on the specific plan. The exemption provided by this section shall again be available to residential projects after the lead agency has file a Notice of Determination of the specific plan as reconsidered by the subsequent EIR or supplement to the EIR. The proposed Project would not result in any new significant impacts to the physical environment that were not already disclosed in the EIR, nor would it result in substantial increases in the severity of the environmental impacts previously disclosed in the EIR. As noted previously, the Specific Plan has been subjected to a reduction in total dwelling units from 1,282 to 856, which would generally result in a reduction in impacts from those analyzed in EIR No. 531. In addition, no event has occurred that has required a subsequent EIR or supplemental EIR. The land use designation and zoning ordinance set forth by SP382 for the Planning Area that the Project is located within remains the same. The density proposed also falls within the scope analyzed within EIR531 for the Planning Area. As such, there is not a substantial change to the analyzed impacts or the circumstance under which the Project is being undertaken that would require major revisions to the previous EIR. In addition, during the review of the Project by the various County Departments for compliance with development standards, there has not been new information found resulting in new significant effects or increasing the severity of a significant effect that were not known at the time of the previous EIR. Changes in law have occurred since the certification of the previous EIR that have resulted in more environmentally protective rules and regulations (e.g., increased energy efficiency, water conservation, fuel efficiency, etc.) to which the Project would be required to comply. Compliance with modern rules and regulations would result in decreased impacts to the environment as compared to what was assumed, evaluated, and disclosed by the previous EIR. Since the overall density is not increasing, the anticipated product is not changing, and the intensity of the use will not increase, the Project meets this requirement.