ADU and SB 9 Ordinance (File # PLN23-0035)

2024050724

City of Glendora

NOE - Notice of Exemption

5/16/2024

5/16/2024

Mark Carnahan

City of Glendora

City Planner

Lead/Public Agency

116 E. Foothill Blvd.
Glendora, CA 91741

(626) 914-8253

mcarnahan@cityofglendora.org

Citywide ordinance

Statutory Exemption

15061-2

The City of Glendora, as the lead agency, is responsible for preparing environmental documentation in accordance with the California Environmental Quality Act (CEQA). On December 13, 2022, the Glendora City Council adopted a new General Plan Housing Element in compliance with the 6th RHNA Cycle (2021-2029), and an Initial Study and Negative Declaration (IS/ND) were prepared [State Clearinghouse #2017041043]. This zoning amendment is consistent with the changes considered in the IS/ND. Finally, the amendments are mostly minor changes to development standards and/or general/administrative processes which will not result in any significant effects on the environment. Therefore, the proposed Ordinance is exempt from the provisions of CEQA pursuant to § 15060(c)(2), § 15060(c)(3), § 15378(b)(2), § 15378(b)(5), and § 15061 (b)(3). It is certain that the legislative act of amending the GMC will not have a significant, or any, impact on the environment, and therefore is not subject to CEQA. Specifically, the introduction and adoption of this Ordinance is not subject to CEQA pursuant to§ 15060(c)(2) as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and § 15060(c)(3) the activity is not a project as defined in § 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, CEQA Guidelines 15378(b)(2) excluding "continuing administrative ... activities, such as ... general policy and procedure making" and § 15378(b)(5) excluding "organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment" from its definition of"project." Even if this Ordinance were a "project," it would be exempt from environmental review under CEQA Guidelines § 1506l(b)(3)'s "general rule" that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that this Ordinance, in and of itself, will have a significant effect on the environment. Finally, on its own, this action will not result in any physical changes to the environment.