2023-051 - Adopting Local CEQA Guidelines

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Local Guidelines for hnplementing the California Environmental Ouality Act (2023) ACTIVITIES EXEMPT FROM CEOA households and the developer of the project has provided sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for low- and moderate -income households for a period of at least fifteen (15) years; (2) The project site is adjacent on at least two sides to land that has been developed and the project consists of not more than forty-five (45) units or provides dormitories, barracks, or other group -living facilities for a total of forty-five (45) or fewer agricultural employees, and either: (a) The project site is within incorporated city limits or within a census -defined place with a minimum population density of at least five thousand (5,000) persons per square mile; or (b) The project site is within incorporated city limits or within a census -defined place and the minimum population density of the census -defined place is at least one thousand (1,000) persons per square mile, unless the Lead Agency determines that there is a reasonable possibility that the project, if completed, would have a significant effect on the environment due to unusual circumstances or that the cumulative effects of successive projects of the same type in the same area would, over time, be significant; (3) If the project is located on a site zoned for general agricultural use, it must consist of twenty (20) or fewer units, or, if the housing consists of dormitories, barracks, or other group -living facilities, the project must not provide housing for more than twenty (20) agricultural employees; and (4) The project is not more than two (2) acres in area if the project site is located in an area with apopulation density of at least one thousand (1,000) persons per square mile, and is not more than five (5) acres in area for all other project sites. (Reference: Pub. Resources Code, §§ 21084, 21159.22; State CEQA Guidelines, §§ 15192, 15193.) C. Specific Requirements for Affordable Housing Projects in Urbanized Areas. CEQA does not apply to any development project that consists of the construction, conversion, or use of residential housing consisting of one hundred (100) or fewer units that are affordable to low-income households if all of the general requirements described in Section A above are satisfied and the following additional criteria are also met: (1) The developer of the project provides sufficient legal commitments to the local agency to ensure the continued availability and use of the housing units for lower income households for a period of at least thirty (30) years, 2023 City of Santa Ana Local Guidelines 3-10 ©Best Best & Krieger LLP