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Section 6

Relationship of the Specific Plan's Environmental Document to Subsequent Discretionary Projects

6.10 Introduction

The North Star Specific Plan was adopted after the City certified a comprehensive environmental impact report (EIR) addressing the build out of the subject property using the Master Plan (Figure 3.3). Inasmuch as the development within the site has been the subject of this environmental review, certain subsequent permits within the plan will be exempt from environmental review, as defined below.

6.20 Projects Exempt from Environmental Review

All allowed uses (A), building permits (BP), and development permits (DP), as outlined in Section 3, Table 3.1 are exempt from further environmental review, provided that the development was reasonably anticipated in the project Master Plan. Subdivision of the specific plan area where the resulting lots meet all of the site development standards, is exempt from environmental review. The subdivision of the property in conformance with the site development standards outlined in Table 3.2 in Section 3 was anticipated in the specific plan EIR.

The exemption from environmental review does not exempt the above permits from design review and public hearing review where these steps are routinely required by the City's prevailing zoning ordinance requirements. The exemption applies only to the preparation of an initial study and the application of mitigation measures under the California Environmental Quality Act (CEQA). The absence of environmental review does not prohibit the City from requiring design changes in a project in the course of their review of subsequent development permits.

For development permits, the City Staff will prepare and file a Notice of Exemption for each subsequent development project where environmental review is not required.

6.30 Projects Subject to Environmental Review

Routine environmental review, in accordance with prevailing City procedures shall be required for any subsequent development approval that requires approval of a conditional use permit as defined in Section 3, Table 3.1, and shall be required for any development proposal not reasonably anticipated in the project Master Plan, Figure 3.3.

This requirement is based on the fact that it is not likely that the specific plan EIR could have fully anticipated all of the possible use permit settings and requests that might occur during the build-out of the specific plan area.

6.40 Conditioning of Project Approvals

Regardless of whether environmental review is required for a subsequent development approval, the City shall retain the right to apply conditions of approval to such development permits, as needed to protect the public=s general health, safety, and welfare.

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