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05-28-19_AGENDA PACKET
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05-28-19_AGENDA PACKET
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Local Guidelines for Implementing the <br />California Environmental Quality Act (2019) CEQA LITIGATION <br /> <br /> <br />2019 City of Santa Ana Local Guidelines 10-3 ©Best Best & Krieger LLP <br />(1) Index. A detailed index must be included at the beginning of the administrative <br />record listing each document in the order presented. Each entry must include the <br />document’s title, date, brief description, and the volume and page where the <br />document begins; <br />(2) The Notice of Determination; <br />(3) The resolutions or ordinances adopted by the Lead Agency approving the project; <br />(4) The findings required by Public Resources Code section 21081, including any <br />statement of overriding considerations; <br />(5) The Final EIR, including the Draft EIR or a revision of the draft, all other matters <br />included in the Final EIR (such as traffic studies and air quality studies), and other <br />types of environmental documents prepared under CEQA, such as a negative <br />declaration, mitigated negative declaration, or addenda; <br />(6) The initial study; <br />(7) Staff reports prepared for the administrative bodies providing subordinate <br />approvals or recommendations to the Lead Agency, in chronological order; <br />(8) Transcripts and minutes of hearings, in chronological order; and <br />(9) All other documents appropriate for inclusion in the administrative record, in <br />chronological order. <br />Each section listed above must be separated by tabs or marked with electronic bookmarks. <br />Oversized documents (such as building plans and maps) must be presented in a manner that allows <br />them to be easily unfolded and viewed. <br />The court may issue an order allowing the documents to be organized in a different manner. <br />C. Preparation of Administrative Record. <br /> <br />The administrative record can be prepared: (1) by the petitioner, if the petitioner elects to <br />do so, or (2) by the Lead Agency. The petitioner and the Lead Agency can also agree on any <br />alternative method of preparing the record. However, when a third party such as the project <br />applicant prepares or assists with the preparation of the administrative record, the Lead Agency <br />may not be able to recover fees incurred by the third party unless petitioner has agreed to this <br />method of preparation. <br />Notwithstanding the above, upon the written request of a project applicant received no later <br />than 30 days after the date that the Lead Agency makes a determination pursuant to Public <br />Resources Code section 21080.1, 21094.5, or Chapter 4.2 (commencing with Public Resources <br />Code section 21155) and with the written consent of the Lead Agency sent within 10 business days <br />from receipt of the written request, the Lead Agency may prepare the administrative record <br />concurrently with the administrative process. Should the Lead Agency and the project applicant <br />3 -155
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