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Local Guidelines for hnplemendng the <br />California Environmental Quality Act (2023) ACTNITIES EXEMPT FROM CEOA <br />The project satisfies the criteria of Public Resources Code section <br />21159.21, described in Section A above. <br />4. Within five years of the date that the application for the project is <br />deemed complete pursuant to Section 65943 of the Government Code, <br />community -level environmental review was certified or adopted. <br />5. The site of the project is not more than four acres in total area. <br />6. The project does not contain more than 100 residential units. <br />7. Either of the following criteria (subdivision (a) or subdivision (b)) are <br />met: <br />a. (1) At least 10 percent of the housing is sold to families of <br />moderate income, or not less than 10 percent of the <br />housing is rented to families of low income, or not less <br />than 5 percent of the housing is rented to families of very <br />low income; and <br />(2) The project developer provides sufficient legal <br />commitments to the appropriate local agency to ensure the <br />continued availability and use of the housing units for very <br />low-, low-, and moderate -income households at monthly <br />housing costs determined pursuant to paragraph (3) of the <br />subdivision (h) of Section 65589.5 of the Government Code. <br />b. The project developer has paid or will pay in -lieu fees pursuant to a <br />local ordinance in an amount sufficient to result in the development <br />of an equivalent number of units that would otherwise be required <br />pursuant to subparagraph Ta above. <br />8. The project is within one-half mile of a major transit stop. <br />9. The project does not include any single level building that exceeds <br />100,000 square feet. <br />10. The project promotes higher density infill housing. A project with a <br />density of at least 20 units per acre shall be conclusively presumed to <br />promote higher density infill housing. A project with a density of at <br />least 10 units per acre and a density greater than the average density of <br />the residential properties within 1,500 feet shall be presumed to promote <br />higher density housing unless the preponderance of the evidence <br />demonstrates otherwise. <br />(b) Notwithstanding subdivision (a) above, the Exemption for Affordable <br />Housing Projects near Major Transit Stops does not apply if any one of the <br />following criteria is met: <br />2023 City of Santa Ana Local Guidelines 3-12 CBest Best & Krieger LLP <br />