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Local Guidelines for Implementing the <br />California Environmental Quality Act (2019) LEAD AND RESPONSIBLE AGENCIES <br /> <br />2. LEAD AND RESPONSIBLE AGENCIES <br />2.01 L EAD A GENCY P RINCIPLE. <br />The City will be the Lead Agency if it will have principal responsibility for carrying out <br />or approving a project. Where a project is to be carried out or approved by more than one public <br />agency, only one agency shall be responsible for the preparation of environmental documents. <br />This agency shall be called the Lead Agency. <br />2.02 S ELECTION OF L EAD A GENCY. <br />Where two or more public agencies will be involved with a project, the Lead Agency <br />shall be designated according to the following criteria: <br />(a) If the project will be carried out by a public agency, that agency shall be the Lead Agency <br />even if the project will be located within the jurisdiction of another public agency; or <br /> <br />(b) If the project will be carried out by a nongovernmental person or entity, the Lead Agency <br />shall be the public agency with the greatest responsibility for supervising and approving <br />the project as a whole. <br /> <br />The Lead Agency will normally be the agency with general governmental powers, rather <br />than an agency with a single or limited purpose. (For example, a city that will provide a public <br />service or utility to the project serves a limited purpose.) If two or more agencies meet this <br />criteria equally, the agency that acts first on the project will normally be the Lead Agency. <br /> <br />If two or more public agencies have a substantial claim to be the Lead Agency under <br />either (a) or (b), they may designate one agency as the Lead Agency by agreement. An <br />agreement may also provide for cooperative efforts by contract, joint exercise of powers, or <br />similar devices. If the agencies cannot agree which agency should be the Lead Agency for <br />preparing the environmental document, any of the disputing public agencies or the project <br />applicant may submit the dispute to the Office of Planning and Research. Within 21 days of <br />receiving the request, the Office of Planning and Research will designate the Lead Agency. The <br />Office of Planning and Research shall not designate a Lead Agency in the absence of a dispute. <br />agencies as to which of those agencies shall prepare any necessary environmental document. A <br />dispute exists when each of those agencies claims that it either has or does not have the <br />obligation to prepare that environmental document. <br />2.03 D UTIES OF A L EAD A GENCY. <br />As a Lead Agency, the City shall decide whether a Negative Declaration, Mitigated <br />Negative Declaration or an EIR will be required for a project and shall prepare, or cause to be <br />prepared, and consider the document before making its decision on whether and how to approve <br />the project. The documents may be prepared by Staff or by private consultants pursuant to a <br />contract with the City. However, the City shall independently review and analyze all draft and <br />final EIRs or Negative Declarations prepared for a project and shall find that the EIR or Negative <br /> <br />2019 City of Santa Ana Local Guidelines 2-1 ©Best Best & Krieger LLP <br /> <br />