2023-051 - Adopting Local CEQA Guidelines

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Local Guidelines for Lnplementing the California Environmental Ouality Act (2023) ENVIBONMENTAL IMPACT REPORT makers and the public. Use of projected future conditions as the only baseline must be supported by reliable projections based on substantial evidence in the record. (3) An existing conditions baseline shall not include hypothetical conditions —such as those that might be allowed, but have never actually occurred, under existing permits or plans — as the baseline. (State CEQA Guidelines, § 15125.) 7.21 ANALYSIS OF CUMULATIVE IMPACTS. An EIR must discuss cumulative impacts when the project's incremental effect is "cumulatively considerable" as defined in Local Guidelines Section 11.14. When the City is examining a project with an incremental effect that is not "cumulatively considerable," it need not consider that effect significant, but must briefly describe the basis for this conclusion. A project's contribution may be less than cumulatively considerable if the project is required to implement or fund its fair share of a mitigation measure designed to alleviate the cumulative impact. When relying on a fee program or mitigation measure(s), the City must identify facts and analysis supporting its conclusion that the cumulative impact is less than significant. The City may determine that a project's incremental contribution to a cumulative effect is not cumulatively considerable if the project will comply with the requirements in a previously approved plan or mitigation program that provides specific requirements that will avoid or substantially lessen the cumulative problem in the geographic area in which the project is located. Such plans and programs may include, but are not limited to: (1) Water quality control plans; (2) Air quality attainment or maintenance plans; (3) Integrated waste management plans; (4) Habitat conservation plans; (5) Natural community conservation plans; and/or (6) Plans or regulations for the reduction of greenhouse gas emissions. When relying on such a regulation, plan, or program, the City should explain how implementing the particular requirements of the plan, regulation or program will ensure that the project's incremental contribution to the cumulative effect is not cumulatively considerable. A cumulative impact consists of an impact that is created as a result of the combination of the project evaluated in the EIR together with other projects causing related impacts. An EIR should not discuss impacts that do not result in part from the project evaluated in the EIR. The discussion of cumulative impacts in an EIR must focus on the cumulative impacts to which the identified other projects contribute, rather than on the attributes of other projects that do 2023 City of Santa Ana Local Guidelines 7-17 ©Best Best & Krieger LLP