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Item 22 - Resolution Adopting Local CEQA Guidelines Resolution
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Item 22 - Resolution Adopting Local CEQA Guidelines Resolution
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3/5/2024 4:21:46 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
22
Date
8/1/2023
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Local Guidelines for Implementing the <br />California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT <br /> <br /> <br />2023 City of Santa Ana Local Guidelines 7-21 ©Best Best & Krieger LLP <br />be discussed. The EIR should also identify any alternatives that were considered by the Lead <br />Agency and rejected as infeasible during the scoping process, and it should briefly explain the <br />reasons for rejecting those alternatives. Additional information explaining the choice of <br />alternatives should be included in the administrative record. Among the factors that may be used <br />to eliminate alternatives from detailed consideration in an EIR are: (a) failure to meet most of the <br />basic project objectives; (b) infeasibility; or (c) inability to avoid significant environmental <br />impacts. <br />Evaluation of Alternatives: The EIR shall include sufficient information about each <br />alternative to allow meaningful evaluation, analysis and comparison with the proposed project. A <br />matrix displaying the major characteristics and significant environmental effects of each <br />alternative may be used to summarize the comparison. The matrix may also identify and compare <br />the extent to which each alternative meets project objectives. If an alternative would cause one or <br />more significant effects in addition to those that would be caused by the project as proposed, the <br />significant effects of the alternative shall be discussed but in less detail than the significant effects <br />of the project as proposed. <br />The Rule of Reason: The range of alternatives required in an EIR is governed by a “rule <br />of reason” which courts have held means that an alternatives discussion must be reasonable in <br />scope and content. Therefore, the EIR must set forth only those alternatives necessary to permit <br />public participation, informed decision-making, and a reasoned choice. The alternatives shall be <br />limited to ones that would avoid or substantially lessen any of the significant effects of the project. <br />Of those alternatives, the EIR need examine in detail only the ones the City determines could <br />feasibly attain most of the basic objectives of the project. An EIR need not consider an alternative <br />whose effect cannot be reasonably ascertained and whose implementation is remote and <br />speculative. <br />Feasibility of Alternatives: The factors that may be taken into account when addressing <br />the feasibility of alternatives include: site suitability; economic viability; availability of <br />infrastructure; general plan consistency; other plans or regulatory limitations; jurisdictional <br />boundaries (projects with a regionally significant impact should consider the regional context); <br />and whether the proponent already owns the alternative site or can reasonably acquire, control or <br />otherwise have access to the site. No one factor establishes a fixed limit on the scope of reasonable <br />alternatives. <br />Alternative Locations: The first step in the alternative location analysis is to determine <br />whether any of the significant effects of the project could be avoided or substantially lessened by <br />putting the project in another location. This is the key question in this analysis. Only locations <br />that would avoid or substantially lessen any of the significant effects of the project need be <br />considered for inclusion in the EIR. <br />The second step in this analysis is to determine whether any of the alternative locations are <br />feasible. If the City concludes that no feasible alternative locations exist, it must disclose its <br />reasons, and it should include them in the EIR. When a previous document has sufficiently <br />analyzed a range of reasonable alternative locations and environmental impacts for a project with <br />the same basic purpose, the City should review the previous document and incorporate the previous <br />document by reference. To the extent the circumstances have remained substantially the same
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