2019-050 -Adopting Local CEQA Guidelines

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Local Guidelines for Implementing the California Environmental Quality Act (2019) ACTIVITIES EXEMPT FROM CEQA 3.17 R OADWAY I MPROVEMENTS. CEQA does not apply to a project or an activity to repair, maintain, or make minor alterations to an existing roadway, as defined in Local Guidelines Section 11.64, if all of the following conditions are met: A. General Requirements: (1) The project is carried out by a city or county with a population of less than 100,000 persons to improve public safety. (2) The project does not cross a waterway as defined in Local Guidelines Section 11.84. (3) The project involves negligible or no expansion of an existing use beyond that existing at the time of the lead agency's determination. (4) The roadway is not a state roadway. (5) The site of the project does not contain wetlands or riparian areas, and Local Guidelines Section 11.66) and the project does not harm any species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and the project does not cause the destruction or removal of any species protected by a local ordinance. (6) The project does not impact cultural resources. (7) The roadway does not affect scenic resources, as provided pursuant to subdivision (c) of Section 21084 of the Public Resources Code. B. Prior to determining that a project is exempt pursuant to this section, the lead agency shall do both of the following: (1) Include measures in the project to mitigate potential vehicular traffic and safety impacts and bicycle and pedestrian safety impacts. (2) Hold a noticed public hearing on the project to hear and respond to public comments. The hearing on the project may be conducted with another noticed lead agency public hearing. Publication of the notice shall be no fewer times than required by Section 6061 of the Government Code, by the public agency in a newspaper of general circulation in the area. C. Whenever the local agency determines that a project is not subject to this exemption, and it approves or determines to or carry out that project, the local agency shall file a notice with the Office of Planning and Research, and with the county clerk in the manner specified in subdivisions (b) and (c) of Public Resources Code Section 21152. 2019 City of Santa Ana Local Guidelines 3-15 ©Best Best & Krieger LLP