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Local Guidelines for Implementing the <br />California Environmental Quality Act (2023) AFFORDABLE HOUSING <br /> <br /> <br />2023 City of Santa Ana Local Guidelines 9-29 ©Best Best & Krieger LLP <br />shelter constructed pursuant to the provisions of Government Code section 8698.4 is statutorily <br />exempt from CEQA. This narrow exception applies to specified efforts to assist specified cities <br />or counties that have declared a shelter crisis and seek to build a homeless shelter. To see all the <br />requirements of this exemption, please see Government Code section 8698.4. <br />(Reference: Gov. Code, § 8698.4 [in effect until January 1, 2023].) <br />9.08 AFFORDABLE HOUSING DEVELOPMENTS IN COMMERCIAL ZONES. <br />A proposed affordable multifamily housing development project is subject to streamlined, <br />ministerial review and is not subject to CEQA if it meets the following requirements: <br />1. One hundred percent of the units within the development project, excluding <br />managers’ units, must be dedicated to lower income households at an affordable <br />cost, as defined by Section 50052.5 of the Health and Safety Code, or an <br />affordable rent set in an amount consistent with the rent limits established by the <br />California Tax Credit Allocation Committee. The units must be subject to a <br />recorded deed restriction for a period of 55 years for rental units and 45 years for <br />owner-occupied units. <br />2. The proposed development must meet applicable objective zoning standards, <br />objective subdivision standards, and objective design review standards as further <br />defined in Government Code section 65912.113(f) & (g). <br />3. The proposed housing development must meet certain density requirements set <br />forth in Government Code section 65583.2(c)(3). <br />4. The project must be located in a zone where office, retail, or parking are a <br />principally permitted use. <br />5. At least 75 percent of the perimeter of the project site must adjoin parcels that are <br />developed with urban uses. Parcels that are only separated by a street or highway <br />shall be considered adjoined. <br />6. The project may not be located on a site or adjoined to any site where more than <br />one-third of the square footage on the site is dedicated to industrial use. <br />7. The project site must be located on a legal parcel or parcels that are either (a) in a <br />city where the city boundaries include some portion of either an urbanized area or <br />urban cluster, as designated by the United States Census Bureau; or (b) in an <br />unincorporated area, and the legal parcel or parcels are wholly within the <br />boundaries of an urbanized area or urban cluster, as designated by the United <br />States Census Bureau. <br />8. None of the proposed housing may be located within 500 feet of a freeway. <br />9. None of the proposed housing may be located within 3,200 feet of a facility that <br />actively extracts or refines oil or natural gas.