2019-050 -Adopting Local CEQA Guidelines

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Local Guidelines for Implementing the California Environmental Quality Act (2019) LEAD AND RESPONSIBLE AGENCIES Declaration reflects the independent judgment of the City prior to approval of the document. If a Draft EIR or Final EIR is prepared under a contract with the City, the contract must be executed within forty-five (45) days from the date on which the City sends a Notice of Preparation. (See Local Guidelines Section 7.02.) During the process of preparing an EIR, the City, as Lead Agency, shall have the following duties: (a) If a California Native American tribe has requested consultation, within 14 days after determining that an application for a project is complete or a decision to undertake a project, the City shall begin consultation with the California Native American tribes (see Local Guidelines Section 7.07); (b) Immediately after deciding that an EIR is required for a project, the City shall send to the Office of Planning and Research and each Responsible Agency a Notice of Preparation 7.03); (c) Prior to release of an EIR, if the California Native American tribe that is culturally affiliated with the geographic area of a project requests in writing to be informed of any proposed project, the City shall begin consultation with the tribe consistent with California law and Local Guidelines Section 7.07; (d) The City shall prepare or cause to be prepared the Draft EIR for the project (see Local Guidelines Sections 7.06 and 7.18); (e) Once the Draft EIR is completed, the City with the Office of Planning and Research (see Local Guidelines Section 7.25); (f) The City shall consult with state, federal and local agencies that exercise authority over resources that may be affected by the project for their comments on the completed Draft EIR (see, e.g., Local Guidelines Sections 5.02, 5.16, Section 7.26); (g) The City same time that it sends a Notice of Completion to the Office of Planning and Research (see Local Guidelines Section 7.25); (h) The City shall evaluate comments on environmental issues received from persons who reviewed the Draft EIR and shall prepare or cause to be prepared a written response to all comments that raise significant environmental issues and that were timely received during the public comment period. A written response must be provided to all public agencies who commented on the project during the public review period at least ten (10) days prior to certifying an EIR (see Local Guidelines Section 7.30); (i) The City shall prepare or cause to be prepared a Final EIR before approving the project (see Local Guidelines Section 7.31); (j) The City shall certify that the Final EIR has been completed in compliance with CEQA and has been reviewed by the City Council (see Local Guidelines Section 7.33); and (k) The City shall include in the Final EIR any comments received from a Responsible Agency on the Notice of Preparation or the Draft EIR (see Local Guidelines Sections 2.07, 7.30 and 7.31). As Lead Agency, the City may charge a non-elected body with the responsibility of making a finding of exemption or adopting, certifying or authorizing environmental documents; however, such a determination shall be subject to the City's procedures allowing for the appeal of the CEQA determination of any non-elected body to the City. In the event the City Council has 2019 City of Santa Ana Local Guidelines 2-2 ©Best Best & Krieger LLP