2023-051 - Adopting Local CEQA Guidelines

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Local Guidelines for Implementing the California Environmental Oualty Act(2023) ACTIVITIES EXEMPT FROM CEQA 3.22 WATER SYSTEM WELLS AND DOMESTIC WELL PROJECTS CEQA does not apply to the construction, maintenance, repair, or replacement of a well or a domestic well that meets all of the following conditions: (1) The domestic well or water system to which the well is connected has been designated by the State Water Resources Control Board ("State Board") as high risk or medium risk in the State Board's drinking water needs assessment; (2) The well project is designed to mitigate or prevent a failure of the well or the domestic well that would leave residents that rely on the well, the water system to which the well is connected, or the domestic well without an adequate supply of safe drinking water; (3) The lead agency determines all of the following: (a) The well project is not designed primarily to serve irrigation or future growth. (b) The well project does not affect wetlands or sensitive habitats. (c) Unusual circumstances do not exist that would cause the well project to have a significant effect on the environment. (d) The well project is not located on a site that is included on any list compiled pursuant to Section 65962.5 of the Government Code. (e) The well project does not have the potential to cause a substantial adverse change in the significance of a historical resource. (f) The well project's construction impacts are fully mitigated consistent with applicable law. (g) The cumulative impact of successive reasonably anticipated projects of the same type as the well proj ect, in the same place, over time, is not significant. Before determining that a well project is exempt pursuant to this section, a lead agency must contact the State Board to determine whether claiming the exemption under this section will affect the ability of the well project to receive federal financial assistance or federally capitalized financial assistance. A lead agency that determines that a well project is exempt under this section must file a notice of exemption with both OPR and the County Clerk. The notice of exemption must explain whether the project is additionally exempt from CEQA under Public Resources Code section 21080 (e.g., whether it is a ministerial project, an emergency repair necessary to maintain service, or an action necessary to prevent or mitigate an emergency), Public Resources Code section 21080.47 (see Section 3.23 of these Local Guidelines, below), or under the Class 1 (Existing Facilities) or Class 2 (Replacement or Reconstruction) categorical exemptions (see Section 3.28 2023 City of Santa Ana Local Guidelines 3-21 DBeat Best & Krieger LLP