2023-051 - Adopting Local CEQA Guidelines

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Local Guidelines for hnplementing the California E vir nmental Quality Act (2023) NEGATIVE DECLARATION (Reference: Pub. Resources Code, §§ 21082.1, 21091, 21161; State CEQA Guidelines, §§ 15072, 15105, 15205.) 6.05 PROJECTS AFFECTING MILITARY SERVICES; DEPARTMENT OF DEFENSE NOTIFICATION. CEQA imposes additional requirements to provide notice to potentially affected military agencies when: (a) The project meets one of the following three criteria: (1) The project includes a general plan amendment; (2) The project is of statewide, regional, or area -wide significance; or (3) The project relates to a public use airport or certain lands surrounding a public use airport; and (b) A "military service" (defined in Section 11.42 of these Local Guidelines) has provided its contact office and address and notified the Lead Agency of the specific boundaries of a "low-level flight path" (defined in Section 11.37 of these Local Guidelines), "military impact zone" (defined in Section 11.41 of these Local Guidelines), or "special use airspace" (defined in Section 11.67 of these Local Guidelines). When a project meets these requirements, the City must provide the military service's designated contact with a copy of the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration that has been prepared for the project, unless the project involves the remediation of lands contaminated with hazardous wastes and meets certain other requirements. (Reference: Pub. Resources Code §§ 21080.4 and 21092; Health & Safety Code §§ 25300, et seq., 25396, and 25187.) The City must provide the military service with sufficient notice of its intent to adopt a Negative Declaration or Mitigated Negative Declaration to ensure that the military service has no fewer than twenty (20) days to review the documents before they are approved, provided that the military service shall have a minimum of thirty (30) days to review the environmental documents if the documents have been submitted to the State Clearinghouse. (Reference: State CEQA Guidelines, §§ 15105(b), 15190.5(c).) 6.06 SPECIAL FINDINGS REQUIRED FOR FACILITIES THAT MAY EMIT HAZARDOUS AIR EMISSIONS NEAR SCHOOLS. Special procedural rules apply to projects involving the construction or alteration of a facility within one -quarter mile of a school/schools when: (1) the facility might reasonably be anticipated to emit hazardous air emissions or to handle an extremely hazardous substance or a mixture containing extremely hazardous substances in a quantity equal to or greater than the threshold specified in Health and Safety Code section 255320), and (2) the emissions or substances may pose a health or safety hazard to persons who would attend or would be employed at the nn City of Santa Ana Local Guidelines 6-4 OBest Best & Krieger LLP