The California Environmental Quality Act (CEQA) requires the lead agency to take more responsibility when it comes to the preparation of the environmental analysis pertaining to a given project. Before the analysis, it is upon the agency to determine whether the undertaking at hand is a project or not.

Staff Report

Environmental Determination

Section 15378(a) of the CEQA recognizes a project as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.” Based on this definition, the proposed project of the Little League Heights Towne Center falls within the confines of a project. This is because the undertaking will result in various changes in the physical environment both in the short-run and long-run.

An exemption does not apply in this case. This is because the project site is more than five acres and it will result in varied effects relating to noise, water quality, air quality and traffic. Such a project is liable to an Infill Development Exemption pursuant to section 15332.

The project calls for the need of a mitigated negative declaration. This is pursuant to section 15070 of CEQA in an attempt of reducing the negative impacts that the project would have such as traffic, air pollution, water pollution and noise among others.

Resolution

WHEREAS, the undertaking has been determined to be a project according to the California Environmental Quality Act, section 15378(a). In addition, the project is classified as a Mitigated Negative Declaration, and various measures have been identified to help reduce the negative effects that are likely to accrue.

THEREFORE, THE CITY OF KETTERING HAS OUTLINED THE RESOLUTIONS AS FOLLOWS:

The lead authority has classified the undertaking as a project according to CEQA, and the city council has analyzed the Mitigated Negative Declaration associated with the project, and relevant measures to curb the effects associated with the project during the implementation have been identified.

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