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