15090. CERTIFICATION OF THE FINAL EIR

• (a) Prior to approving a project the lead agency shall certify that:

  • (1) The final EIR has been completed in compliance with CEQA;

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• (2) The final EIR was presented to the decision-making body of the lead agency, and that the decision-making body reviewed and considered the information contained in the final EIR prior to approving the project; and

• (3) The final EIR reflects the lead agency‘s independent judgment and analysis.

• (b) When an EIR is certified by a non-elected decision-making body within a local lead agency, that certification may be appealed to the local lead agency’s elected decision-making body, if one exists. For example, certification of an EIR for a tentative subdivision map by a city’s planning commission may be appealed to the city council. Each local lead agency shall provide for such appeals.

Note: Authority cited: Section 21083, Public Resources Code; Reference: Sections 21082.1, 21100, and 21151, Public Resources Code; City of Carmel-by-the-Sea v. Board of Supervisors (1977) 71 Cal.App.3d 84; Kleist v. City of Glendale (1976) 56 Cal.App.3d 770.