California City Municipal Code Art. 2 Role of City as Responsible Agency

The lead agency shall prepare the negative declaration or EIR for a project carried out or approved by more than one public agency. The determination of which agency is the lead agency shall be made after consultation in accordance with criteria set forth in the State Guidelines.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) When the City is a responsible agency, the City Manager shall respond to requests for consultation and assist the lead agency in preparing adequate environmental documents.

(b) As soon as possible, but not longer than 45 days after receiving a notice of preparation from the lead agency, the City Manager shall send a written reply by certified mail. The reply shall specify the scope and content of the environmental information relevant to the City 's statutory responsibilities in connection with the proposed project.

(c) Prior to the close of the public review period for a draft EIR or mitigated negative declaration, the City Manager shall submit complete and detailed objectives for mitigation measures addressing significant environmental effects identified by the City Manager, or refer the lead agency to appropriate readily available guidelines or reference documents.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) When the City is a responsible agency, it shall assume the role of the lead agency only when conditions in the State Guidelines exist.

(b) If the City Manager believes the final EIR or negative declaration prepared by the lead agency is not adequate for use by the City, the City must:

(1) Take the issue to court within 30 days after the lead agency files a notice of determination; or

(2) Prepare a subsequent EIR if permitted under the State Guidelines.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) Prior to reaching a decision on the project, the Reviewing body must consider the environmental effects of the project as shown in the lead agency's EIR or negative declaration.

(b) When an EIR has been prepared for a project, the Reviewing body shall not approve the project as proposed if the Reviewing body finds any feasible alternative or feasible mitigation measures within its powers would substantially lessen any significant environmental impact. When considering alternatives and mitigation measures, the City is more limited than a lead agency. The City has responsibility for mitigating or avoiding only the environmental effects of those activities which it decides to carry out, finance, or approve.

(c) The reviewing body shall make the findings required for each significant effect of the project.

(d) The City shall file a notice of determination in the same manner as a lead agency except the City does not need to state the EIR or negative declaration complies with CEQA. The City shall state it considered the EIR or negative declaration as prepared by a lead agency.

( Ord. No. 14-725, § 1, 10-21-2014 )