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2023-051 - Adopting Local CEQA Guidelines
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2023-051 - Adopting Local CEQA Guidelines
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8/9/2023 5:13:35 PM
Creation date
8/9/2023 5:11:53 PM
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City Clerk
Doc Type
Resolution
Agency
Clerk of the Council
Doc #
2023-051
Item #
22
Date
8/1/2023
Destruction Year
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Local Guidelines for Implementing the <br />CaGfomia Envir muenlal Duality Act(2023) GENERAL PROVISIONS PURPOSE AND POLICY. <br />1.06 TERMINOLOGY. <br />The terms "must' or "shall" identify mandatory requirements. The terms "may" and <br />"should" are permissive, with the particular decision being left to the discretion of the City. <br />1.07 PARTIAL INVALIDITY. <br />In the event any part or provision of these Local Guidelines shall be determined to be <br />invalid, the remaining portions that can be separated from the invalid unenforceable provisions <br />shall continue in full force and effect. <br />1.08 ELECTRONIC DELIVERY OF COMMENTS AND NOTICES. <br />Individuals may file a written request to receive copies of public notices provided for under <br />these Local Guidelines or the State CEQA Guidelines. The requestor may elect to receive these <br />notices via email rather than regular mail. Notices sent by email are deemed delivered when the <br />staff person sending the email sends it to the last email address provided by the requestor to the <br />City. Any request to receive public notices shall be in writing and shall be renewed annually. <br />Individuals may also submit comments on the CEQA documentation for a project via <br />email. Comments submitted via email shall be treated as written comments for all purposes. <br />Comments sent to the City via email are deemed received when they actually arrive in an email <br />account of a staff person who has been designated or identified as the point of contact for a <br />particular project. <br />The City must also post certain environmental documents (such as Draft and Final <br />Environmental Impact Reports, Draft Negative Declarations and Draft Mitigated Negative <br />Declarations) and CEQA notices (such as Notices of Preparation, Notices of Availability, Notices <br />of Intent to Adopt a Negative Declaration, Notices of Exemption, and Notices of Determination) <br />on its website, if any. <br />(Reference: Pub. Resources Code, §§ 21082.1, 21091(d)(3), 21092.2.) <br />1.09 THE CITY MAY CHARGE REASONABLE FEES FOR REPRODUCING ENVIRONMENTAL <br />DOCUMENTS. <br />A public agency may charge and collect a reasonable fee from members of the public that <br />request a copy of an environmental document, so long as the fee does not exceed the cost of <br />reproduction. The kinds of "environmental documents" that CEQA specifically allows public <br />agencies to seek reimbursement for include: initial studies, negative declarations, mitigated <br />negative declarations, draft and final EIRs, and documents prepared as a substitute for an EIR, <br />negative declaration, or mitigated negative declaration. <br />The City shall make CEQA-related documents (e.g., Negative Declarations, Mitigated <br />Negative Declarations, Draft EIRs, Final EIRs, and notices relating to these documents) available <br />to the public -at -large on its website. Requests for documents made pursuant to the California <br />Public Records Act must comply with the Government Code. (See, for example, Government <br />Code section 7922.570 for information regarding providing documents in electronic format.) <br />2023 City or Santa Ana Local Guidelines 1-3 ©Best Best & K'ieger LLP <br />
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