Witherly Lane Homes - PLN2023-00143


SCH Number
Public Agency
City of Fremont
Document Title
Witherly Lane Homes - PLN2023-00143
Document Type
NOE - Notice of Exemption
Document Description
To consider a Discretionary Design Review Permit, Vesting Tentative Tract Map No. 8546, and a Private Street in conjunction with a proposal to subdivide the three-lot, 4.15-net-acre site that contains the Register-eligible Gallegos House Resource into 10 single-family lots at 830 Witherly Lane in the Mission San Jose Community Plan Area and to consider a finding that no further environmental review is required pursuant to an exemption from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15183, as the project is consistent with the land use envisioned for the site as established by the General Plan for which an Environmental Impact Report (SCH#2010082060) was previously prepared and certified, and CEQA Guidelines Sections 15162 and 15164, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred.

Contact Information

Marc Cleveland
Agency Name
City of Fremont
Job Title
Associate Planner
Contact Types
Lead/Public Agency

Hayes Shair
Agency Name
Envisuality Group
Job Title
Contact Types
Project Applicant


Parcel #
513 036301503

Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
Special Situations. State CEQA Guidelines section number: 15183, Projects Consistent with the General Plan, as an EIR (S
Reasons for Exemption
The proposed project is consistent with the General Plan, for which an Environmental Impact Report (Fremont General Plan Update EIR (SCH No. 2010082060) was prepared and certified by the Fremont City Council in December 2011 in accordance with the requirements of CEQA. The project is consistent with the development densities, bulk, and land use standards as established by the project site’s Hillside Residential designation and R-1-20(H-I) zoning, including select development standards waivers, as provided by State law, resulting from the project’s incorporation of on-site affordable housing. A programmatic EIR was prepared and certified by the City of Fremont for the General Plan and the project is consistent with the development assumptions of that prior General Plan EIR. Additionally, each on a separate and independent basis, the project has been found to not trigger subsequent documentation under CEQA Guidelines Sections 15162 and 15164 as no substantial changes are proposed in the project that would require revisions to the General Plan Update EIR, nor have substantial changes occurred with respect to the circumstances under which the proposed project would be undertaken require revisions to the General Plan Update EIR, nor has new information of substantial importance been identified that would indicate the project would have any new or more significant effects or require new or additional mitigation than what was included in the General Plan Update EIR. The programmatic mitigation measures from the General Plan Update EIR and/or the standard development requirements contained within FMC Chapter 18.218 adequately address the potential environmental effects of the project. The project is thus within the scope of the General Plan Update EIR and no further CEQA documentation is required.
County Clerk


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