2019-050 -Adopting Local CEQA Guidelines

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Local Guidelines for Implementing the California Environmental Quality Act (2019) TIME LIMITATIONS Under the Permit Streamlining Act, the Lead Agency must approve or disapprove the development project application within one hundred eighty (180) days from the date on which it certifies the EIR, or within ninety (90) days of certification if an extension for completing and certifying the EIR was granted. If the Lead Agency adopts a Negative Declaration/Mitigated Negative Declaration or determines the development project is exempt from CEQA, it shall approve or disapprove the project application within sixty (60) days from the date on which it adopts the Negative Declaration/Mitigated Negative Declaration or determines that the project is exempt from CEQA. Except for waivers of the time periods for preparing a joint Environmental Impact Report/Environmental Impact Statement (as outlined in Government Code Sections 65951 and 65957), the City cannot require a waiver of the time limits specified in the Permit Streamlining Act as a condition of accepting or processing a development project application. In addition, the City cannot disapprove a development project application in order to comply with the time limits specified in the Permit Streamlining Act. 4.06 P ROJECTS, O THER T HAN T HOSE S UBJECT TO THE P ERMIT S TREAMLINING A CT, WITH S HORT T IME P ERIODS FOR A PPROVAL. A few statutes require agencies to make decisions on project applications within time limits that are so short that review of the project under CEQA would be difficult. To enable the City as Lead Agency to comply with both the enabling statute and CEQA, the City shall deem a project application as not received for filing under the enabling statute until such time as the environmental documentation required by CEQA is complete. This section applies where all of the following conditions are met: (a) The enabling statute for a program, other than development projects under Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, requires the City to take action on an application within a specified period of time of six (6) months or less; (b) The enabling statute provides that the project is approved by operation of law if the City fails to take any action within the specified time period; and (c) The project application involves the City or other entitlement for use. In any case, the environmental document shall be completed or certified and the decision on the application shall be made within the period established by the Permit Streamlining Act (Government Code Sections 65920, et seq.). 4.07 W AIVER OR S USPENSION OF T IME P ERIODS. These deadlines may be waived by the applicant if the project is subject to both CEQA and the National Environmental Policy A. (State CEQA Guidelines Sections 15110 and 15224; see Section 5.04 of these Local Guidelines for information about projects that are subject to both CEQA and NEPA.) An unreasonable delay by an applicant in meeting the City preparation of a Negative Declaration, Mitigated Negative Declaration, or an EIR shall suspend 2019 City of Santa Ana Local Guidelines 4-2 ©Best Best & Krieger LLP