2023-051 - Adopting Local CEQA Guidelines

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Local Guidelines far Implementing the California E vironmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 1. There is a reasonable possibility that the project will have a project - specific, significant effect on the environment due to unusual circumstances; 2. Substantial changes have occurred since community -level environmental review was adopted or certified with respect to the circumstances under which the project is being undertaken, and those changes are related to the project; or 3. New information regarding the circumstances under which the project is being undertaken has become available, and that new information is related to the proj ect and was not known and could not have been known at the time of the community -level environmental review. (c) If a project satisfies the criteria described above in Section 3.121)(a), but is not exempt from CEQA as a result of satisfying the criteria described in Section 3.121)(b), the analysis of the environmental effects of the project in the EIR or the negative declaration for the project shall be limited to an analysis of the project -specific effects of the project and any effects identified pursuant to Paragraph 2 or 3 of Section 3.121)(b), above. (Reference: Pub. Resources Code, §§ 21083, 21159.24; State CEQA Guidelines, § 15195.) E. Whenever the Lead Agency determines that a proj ect is exempt from environmental review based on Public Resources Code sections 21159.22 [Section 3.1213 of these Local Guidelines], 21159.23 [Section 3.12C of these Local Guidelines], or 21159.24 [Section 3.121) of these Local Guidelines], Staff and/or the proponent of the project shall file a Notice of Exemption with the Office of Planning and Research within five (5) working days after the approval of the project. (Reference: State CEQA Guidelines, § 15196.) 3.13 MINOR ALTERATIONS TO FLUORIDATE WATER UTILITIES. Minor alterations to water utilities made for the purpose of complying with the fluoridation requirements of Health and Safety Code sections 116410 and 116415 or regulations adopted thereunder are exempt from CEQA. (Reference: State CEQA Guidelines, § 15282(m).) 3.14 BALLOT MEASURES. The definition of project in the State CEQA Guidelines specifically excludes the submittal of proposals to a vote of the people of the state or of a particular community. This exemption does not apply to the public agency that sponsors the initiative. When a governing body makes a decision to put a measure on the ballot, that decision may be discretionary and therefore subject to CEQA. In contrast, the enactment of a qualified voter -sponsored initiative under California 2023 City of Santa Ana Local Guidelines 3-13 ®Best Best & Krieger LLP