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 has a density of at least eight dwelling units per acre or a floor area ratio for retail or commercial use of not less than 0.50. (5) "Urban area" includes either an incorporated city or an unincorporated area that is completely surrounded by one or more incorporated cities that meets both of the following criteria: (A) The population of the unincorporated area and the population of the surrounding incorporated cities equal a population of 100,000 or more. (B) The population density of the unincorporated area is equal to, or greater than, the population density of the surrounding cities. 3.19 E XEMPTION FOR I NFILL P ROJECTS I N T RANSIT P RIORITY A REAS A residential or mixed-use project, or a project with a floor area ratio of at least 0.75 on commercially-zoned property, including any required subdivision or zoning approvals, is exempt from CEQA if the project satisfies the following criteria: The project is located within a transit priority area as defined in Section 11.74 below; The project is consistent with an applicable specific plan for which an environmental impact report was certified; and The project is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy for which the State Air Resources Board has accepted the determination that the sustainable communities strategy or the alternative planning strategy would achieve the applicable greenhouse gas emissions reduction targets. Further environmental review shall be required for a project meeting the above criteria only if one of the events specified in Section 8.04 below occurs. 3.20 E XEMPTION FOR R ESIDENTIAL P ROJECTS U NDERTAKEN P URSUANT TO A S PECIFIC P LAN Where a public agency has prepared an EIR for a specific plan after January 1, 1980, a residential project undertaken pursuant to and in conformity with that specific plan is generally exempt from CEQA. Residential projects covered by this section include, but are not limited to, land subdivisions, zoning changes, and residential planned unit developments. Further environmental review shall be required for a project meeting the above criteria only if, after the adoption of the specific plan, one of the events specified in Section 8.04 below occurs. In that circumstance, this exemption shall not apply until the city or county which adopted the specific plan completes a subsequent EIR or a supplement to an EIR on the specific plan. The exemption provided by this section shall again be available to residential projects after the Lead 2019 City of Santa Ana Local Guidelines 3-18 ©Best Best & Krieger LLP