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Local Guidelines for Implementing the California Environmental Quality Act (2019) ACTIVITIES EXEMPT FROM CEQA 2019 City of Santa Ana Local Guidelines 3-2 ©Best Best & Krieger LLP 3.03 EXEMPTIONS IN GENERAL. CEQA and the State CEQA Guidelines exempt certain activities and provide that local agencies should further identify and describe certain exemptions. The requirements of CEQA and the obligation to prepare an EIR, Negative Declaration or Mitigated Negative Declaration generally do not apply to the exempt activities that are set forth in CEQA, the State CEQA Guidelines and Chapter 3 of these Local Guidelines. 3.04 PRELIMINARY EXEMPTION ASSESSMENT. If, in the judgment of Staff, a proposed activity is exempt, Staff should so find on the form entitled “Preliminary Exemption Assessment” (Form “A”). The Preliminary Exemption Assessment shall be retained at City Offices as a public record. 3.05 NOTICE OF EXEMPTION. After approval of an exempt project, a “Notice of Exemption” (Form “B”) may be filed by the City or its representatives with the county clerk of each county in which the activity will be located. If the Lead Agency exempts an agricultural housing, affordable housing, or residential infill project under State CEQA Guidelines Sections 15193, 15194 or 15195 and approves or determines to carry out that project, it must file a notice with the Office of Planning and Research (“OPR”) identifying the exemption. The Preliminary Exemption Assessment shall be attached to the Notice of Exemption for filing. If filed, the Clerk must post the Notice within twenty-four (24) hours of receipt, and the Notice must remain posted for thirty (30) days. Although no California Department of Fish and Wildlife (“DFW”) filing fee is applicable to exempt projects, most counties customarily charge a documentary handling fee to pay for record keeping on behalf of the DFW. Refer to the Index in the Staff Summary to determine if such a fee will be required for the project. The Notice of Exemption must also identify the person undertaking the project, including any person undertaking an activity that receives financial assistance from the City as part of the project or the person receiving a lease, permit, license, certificate, or other entitlement for use from the City as part of the project. When filing a Notice of Exemption, Staff has different responsibilities for certain types of actions. If the activity is either: (a) undertaken by a person (not a public agency) and is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies; or (b) involves the issuance to a person (not a public agency) of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; then Staff may direct that person to file the Notice of Exemption with the county clerk of each county in which the activity will be located. (See Public Resources Code section 21065 (b) and (c)). A Notice of Exemption filed by a person as described above must have a certificate of determination attached to it issued by the City stating that the action is not subject to CEQA. (See Public Resources Code Sections 21080 and 21152.) The certificate of determination may be in the form of a certified copy of an existing document or record of the City.