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Local Guidelines for Implementing the <br />California Environmental Quality Act (2019) ACTIVITIES EXEMPT FROM CEQA <br /> <br /> <br />2019 City of Santa Ana Local Guidelines 3-12 ©Best Best & Krieger LLP <br />(8) Exception: <br />(a) Except as provided in subdivision (b), this division does not apply <br />to a project if all of the following criteria are met: <br /> <br />1. The project is a residential project on an infill site. <br />2. The project is located within an urbanized area. <br />3. The project satisfies the criteria of Section 21159.21. <br />4. Within five years of the date that the application for the <br />project is deemed complete pursuant to Section 65943 of the <br />Government Code, community-level environmental review <br />was certified or adopted. <br />5. The site of the project is not more than four acres in total area. <br />6. The project does not contain more than 100 residential units. <br />7. Either of the following criteria are met: <br />a. At least 10 percent of the housing is sold to families of <br />moderate income, or not less than 10 percent of the <br />housing is rented to families of low income, or not less <br />than 5 percent of the housing is rented to families of very <br />low income. <br />b. The project developer provides sufficient legal <br />commitments to the appropriate local agency to ensure <br />the continued availability and use of the housing units for <br />very low-, low-, and moderate-income households at <br />monthly housing costs determined pursuant to paragraph <br />(3) of the subdivision (h) of Section 65589.5 of the <br />Government Code. <br />c. The project developer has paid or will pay in-lieu fees <br />pursuant to a local ordinance in an amount sufficient to <br />result in the development of an equivalent number of units <br />that would otherwise be required pursuant to <br />subparagraph (7)(a). <br />8. The project is within one-half mile of a major transit stop. <br />9. The project does not include any single level building that <br />exceeds 100,000 square feet.