2019-050 -Adopting Local CEQA Guidelines

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Local Guidelines for Implementing the California Environmental Quality Act (2019) ACTIVITIES EXEMPT FROM CEQA c. The project developer has paid or will pay in-lieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required pursuant to subparagraph (7)(a). 8. The project is within one-half mile of a major transit stop. 9. The project does not include any single level building that exceeds 100,000 square feet. 10. The project promotes higher density infill housing. A project with a density of at least 20 units per acre shall be conclusively presumed to promote higher density infill housing. 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. (b) The Exemption for Affordable Housing Projects near Major Transit Stops does not apply if any one of the following criteria is met: 1. There is a reasonable possibility that the project will have a project-specific, significant effect on the environment due to unusual circumstances; 2. Substantial changes have occurred since community-level environmental review was adopted or certified with respect to the circumstances under which the project is being undertaken, and those changes are related to the project; or 3. New information regarding the circumstances under which the project is being undertaken has become available, and that new information is related to the project and was not known and could not have been known at the time of the community-level environmental review; (c) If a project satisfies any one of the three criteria described above in Section 3.13D(8)(a), the environmental effects of the project must be analyzed in an Environmental Impact Report or a Negative Declaration. The environmental analysis shall be limited to the project-specific effects and any effects identified pursuant to Section 3.13D(8)(a). E. Whenever the Lead Agency determines that a project is exempt from environmental review based on Public Resources Code Sections 21159.22 \[Section 3.13B of these Local Guidelines\], 21159.23 \[Section 3.13C of these Local Guidelines\], or 21159.24 \[Section 3.13D of these Local Guidelines\], Staff and/or the proponent of the project shall file a Notice of Exemption with the 2019 City of Santa Ana Local Guidelines 3-13 ©Best Best & Krieger LLP