2023-051 - Adopting Local CEQA Guidelines

Home Browse Search

Local Guidelines for Inrplmnenting the Califomia Enviromnental Quality Act (2023) LEAD AND RESPONSIBLE AGENCIES 2.04 CEQA DETERMINATIONS MADE BY NON -ELECTED BODY; PROCEDURE TO APPEAL SUCH DETERMINATIONS. As Lead Agency, the City may charge a non -elected decisionmaking body with the responsibility of making a frlding of exemption or adopting, certifying or authorizing environmental documents. Any such determination, however, shall be subject to the City's procedures allowing for the appeal of the CEQA determination of any non -elected body to the City Council. In the absence of a procedure governing such appeal, any CEQA determination made by a non -elected decisionmaker shall be appealable to the City Council within ten (10) days of the non -elected decisionmaker's determination. If the non -elected decisionmaker's CEQA determination is not timely appealed as set forth herein, the non -elected decisionmaker's determination shall be final. In the event the City Council has delegated authority to a subsidiary board or official to approve a project, the City hereby delegates to that subsidiary board or official the authority to make all necessary CEQA determinations, including whether an EIR, Negative Declaration, Mitigated Negative Declaration or exemption shall be required for any project. A subsidiary board or official's CEQA determination shall be subject to appeal as set forth above. (Reference: State CEQA Guidelines, §§ 15061(e), 15074(f), 15090(b).) 2.05 PROJECTS RELATING TO DEVELOPMENT OF HAZARDOUS WASTE AND OTHER SITES. An applicant for a development project must submit a signed statement to the City, as Lead Agency, stating whether the project and any alternatives are located on a site that is included in any list compiled by the Secretary for Environmental Protection of the California Environmental Protection Agency ("California EPA") listing hazardous waste sites and other specified sites located in the City's boundaries. The applicant's statement must contain the following information: (a) The applicant's name, address, and phone number; (b) Address of site, and local agency (city/county); (c) Assessor's book, page, and parcel number; and (d) The list which includes the site, identification number, and date of list. Before accepting as complete an application for any development project as defined in Local Guidelines Section 11.17, the City, as Lead Agency, shall consult lists compiled by the Secretary for Environmental Protection of the California EPA pursuant to Government Code section 65962.5 listing hazardous waste sites and other specified sites located in the City's boundaries. When acting as Lead Agency, the City shall notify an applicant for a development project if the project site is located on such a list and not already identified. In the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (see Local Guidelines Section 6.04) or the Notice of Preparation of Draft EIR (see Local Guidelines Section 7.03), the City shall specify the California EPA list, if any, that includes the project site, and shall provide the information contained in the applicant's statement. (Reference: Gov. Code, § 65962.5.) 2023 City of Santa Ana Local Guidelines 2-3 CBest Best & Krieger LLP