2019-050 -Adopting Local CEQA Guidelines

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Local Guidelines for Implementing the California Environmental Quality Act (2019) ACTIVITIES EXEMPT FROM CEQA (a) A project with a density of at least 20 units per acre shall be conclusively presumed to promote higher density infill housing; or (b) A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density housing unless the preponderance of the evidence demonstrates otherwise; (8) Exception: (a) Except as provided in subdivision (b), this division does not apply to a project if all of the following criteria are met: 1. The project is a residential project on an infill site. 2. The project is located within an urbanized area. 3. The project satisfies the criteria of Section 21159.21. 4. Within five years of the date that the application for the project is deemed complete pursuant to Section 65943 of the Government Code, community-level environmental review was certified or adopted. 5. The site of the project is not more than four acres in total area. 6. The project does not contain more than 100 residential units. 7. Either of the following criteria are met: a. At least 10 percent of the housing is sold to families of moderate income, or not less than 10 percent of the housing is rented to families of low income, or not less than 5 percent of the housing is rented to families of very low income. b. The project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for very low-, low-, and moderate-income households at monthly housing costs determined pursuant to paragraph (3) of the subdivision (h) of Section 65589.5 of the Government Code. 2019 City of Santa Ana Local Guidelines 3-12 ©Best Best & Krieger LLP