2023-051 - Adopting Local CEQA Guidelines

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Local Guidelines for Implementing the California Environmental Ouality Act (2023) ACTIVITIES EXEMPT FROM CEOA (f) Issuance of building permits where the Lead Agency does not retain significant discretionary power to modify or shape the project; and (g) Until January 1, 2024, approval of an application to install an emergency standby generator to serve a macro cell tower where conditions set forth in Government Code section 65850.75 are met. (Reference: State CEQA Guidelines, § 15268.) 3.03 EXEMPTIONS IN GENERAL. CEQA and the State CEQA Guidelines exempt certain agencies should further identify and describe certain exemptions. the obligation to prepare an EIR, Negative Declaration, or generally do not apply to the exempt activities that are set f Guidelines, and Chapter 3 of these Local Guidelines. (Reference: State CEQA Guidelines, §§ 15260—15332.) 3.04 NOTICE OF EXEMPTION. activities and provide that local The requirements of CEQA and Mitigated Negative Declaration orth in CEQA, the State CEQA After approval of an exempt project, a "Notice of Exemption" (Form "A") maybe filed by the City or its representatives with the County Clerk of each county in which the activity will be located. A Notice of Exemption must be filed electronically with the County Clerk if that option is offered by the County Clerk. After filing, the City must additionally post the Notice of Exemption on the City's website, if any. If the Lead Agency exempts an agricultural housing, affordable housing, or residential infill project under State CEQA Guidelines sections 15193, 15194 or 15195 and approves or determines to carry out that project, it must also file a notice with the Office of Planning and Research ("OPR") identifying the exemption. The County Clerk must post the Notice of Exemption within twenty-four (24) hours of receipt, and the Notice must remain posted for thirty (30) days. The thirty day (30) posting requirement excludes the first day of posting and includes the last day of posting. On the 30th day, the Notice of Exemption must be posted for the entire day. Although no California Department of Fish and Wildlife ("DFW") filing fee is applicable to exempt projects, most counties customarily charge a documentary handling fee to pay for record keeping on behalf of the DFW. Refer to the Index in the County Clerk Memo to determine if such a fee will be required for the project. The Notice of Exemption must, among other things, identify the person undertaking the project, including any person undertaking an activity that receives financial assistance from the City as part of the project or the person receiving a lease, permit, license, certificate, or other entitlement for use from the City as part of the project. Certain counties require the name and address of an applicant to be included in the "Project Applicant" box of the Notice of Exemption, even when the only project proponent is the City; in these counties, if the City is the only project proponent, the City's name and address should be provided in the "Project Applicant" box of the Notice of Exemption. Check the county's requirements before submitting the Notice of Exemption for filing and posting. 2023 City of Santa Ana Local Guidelines 3-2 ®Best Best & Krieger LLP