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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
Creation date
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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) INITIAL STUDY <br /> <br /> <br />2023 City of Santa Ana Local Guidelines 5-4 ©Best Best & Krieger LLP <br />5.06 CONTENTS OF INITIAL STUDY. <br />An Initial Study shall contain in brief form: <br />(a) A description of the project, including the location of the project. The project description <br />must be consistent throughout the environmental review process; <br />(b) An identification of the environmental setting. The environmental setting is usually the <br />existing physical environmental conditions in the vicinity of the project, as they exist at the <br />time the Notice of Preparation is published, or if no Notice of Preparation is published, <br />such as in the case of a Negative Declaration or Mitigated Negative Declaration, at the time <br />environmental analysis begins. The environmental setting should describe both the project <br />site and surrounding properties. The description should include, but not necessarily be <br />limited to, a discussion of existing structures, land use, energy supplies, topography, water <br />usage, soil stability, plants and animals, and any cultural, historical, or scenic aspects. This <br />environmental setting will normally constitute the baseline physical conditions against <br />which a Lead Agency may compare the project to determine whether an impact is <br />significant; <br />(c) An identification of environmental effects by use of a checklist, matrix, or other method, <br />provided that entries are briefly explained to show the evidence supporting the entries. The <br />brief explanation may be through either a narrative or a reference to other information such <br />as attached maps, photographs, or an earlier EIR or Negative Declaration or Mitigated <br />Negative Declaration. A reference to another document should include a citation to the <br />page or pages where the information is found; <br />(d) A discussion of ways to mitigate any significant effects identified; <br />(e) An examination of whether the project is consistent with existing zoning and local land use <br />plans and other applicable land use controls; <br />(f) The name of the person or persons who prepared or participated in the Initial Study; and <br />(g) Identification of prior EIRs or environmental documents that could be used with the <br />project. <br />(Reference: State CEQA Guidelines, § 15063(d).) <br />5.07 USE OF A CHECKLIST INITIAL STUDY. <br />When properly completed, the Environmental Checklist (Form “J”) will meet the <br />requirements of Local Guidelines Section 5.05 for an Initial Study provided that the entries on the <br />checklist are explained. Either the Environmental Checklist (Form “J”) should be expanded or a <br />separate attachment should be prepared to describe the project, including its location, and to <br />identify the environmental setting. <br />California courts have rejected the use of a bare, unsupported Environmental Checklist as <br />an Initial Study. An Initial Study must contain more than mere conclusions. It must disclose <br />supporting data or evidence upon which the Lead Agency relied in conducting the Initial Study. <br />The Lead Agency must augment checklists with supporting factual data and reference information <br />sources when completing the forms. Explanation of all “potential impact” answers should be <br />provided on attached sheets. For controversial projects, it is advisable to state briefly why “no”
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