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05-28-19_AGENDA PACKET
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05-28-19_AGENDA PACKET
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Local Guidelines for Implementing the <br />California Environmental Quality Act (2019) INITIAL STUDY <br /> <br /> <br />2019 City of Santa Ana Local Guidelines 5-3 ©Best Best & Krieger LLP <br />mitigation measures and growth-inducing impacts will need to be added before NEPA documents <br />may be used to satisfy CEQA. (State CEQA Guidelines Section 15221.) <br />For projects that are subject to NEPA, a scoping meeting held pursuant to NEPA satisfies <br />the CEQA scoping requirement as long as notice is provided to the agencies and individuals listed <br />in Local Guidelines Section 7.10, and provided in accordance with these Local Guidelines. <br />If the federal agency refuses to cooperate with the City with regard to the preparation of <br />joint documents, the City should attempt to involve a state agency in the preparation of the EIR, <br />Negative Declaration, or Mitigated Negative Declaration. Since federal agencies are explicitly <br />permitted to utilize environmental documents prepared by agencies of statewide jurisdiction, it is <br />possible that the federal agency will reuse the state-prepared CEQA documents instead of requiring <br />the applicant to fund a redundant set of federal environmental documents. (State CEQA <br />Guidelines Section 15228.) <br />Where the federal agency has circulated the EIS or FONSI and the circulation satisfied the <br />requirements of CEQA and any other applicable laws, the City, when it is a Lead Agency under <br />CEQA, may use the EIS or FONSI in place of an EIR or Negative Declaration without having to <br />recirculate the federal documents. The City’s intention to adopt the previously circulated EIS or <br />FONSI must be publicly noticed in the same way as a Notice of Availability of a Draft EIR. <br />Special rules may apply when the environmental documents are prepared for projects <br />involving the reuse of military bases. (See State CEQA Guidelines Section 15225.) <br />5.05 AN INITIAL STUDY. <br />The Initial Study shall be used to determine whether a Negative Declaration, Mitigated <br />Negative Declaration or an EIR shall be prepared for a project. It provides written documentation <br />of whether the City found evidence of significant adverse impacts which might occur. The <br />purposes of an Initial Study are to: <br />(a) Identify environmental impacts; <br />(b) Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before <br />an EIR is written; <br />(c) Focus an EIR, if one is required, on potentially significant environmental effects; <br />(d) Facilitate environmental assessment early in the design of a project; <br />(e) Provide documentation of the factual basis for the finding in a Negative Declaration that a <br />project will not have a significant effect on the environment; <br />(f) Eliminate unnecessary EIRs; and <br />(g) Determine whether a previously prepared EIR could be used for the project. <br />5.06 CONTENTS OF INITIAL STUDY. <br />An Initial Study shall contain in brief form: <br />(a) A description of the project, including the location of the project. The project description <br />must be consistent throughout the environmental review process; <br />3 -58
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