2019-050 -Adopting Local CEQA Guidelines

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Local Guidelines for Implementing the California Environmental Quality Act (2019) ENVIRONMENTAL IMPACT REPORT 7. ENVIRONMENTAL IMPACT REPORT 7.01 D ECISION TO P REPARE AN EIR. An EIR shall be prepared whenever there is substantial evidence in light of the whole record which supports a fair argument that the project may have a significant effect on the environment. (See Local Guidelines Sections 11.65 and 11.71.) The record may include the impacts. 7.02 C ONTRACTING FOR P REPARATION OF EIR S. If an 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. The City may take longer to execute the contract if the project applicant and the City mutually agree to an extension of the 45-day time limit. The EIR prepared under contract must be the City consultant help as may be required, shall independently review and analyze the EIR to verify its accuracy, objectivity and completeness prior to presenting it to the decision-making body. The EIR made available for public review must reflect the independent judgment of the City. Staff may require such information and data from the person or entity proposing to carry out the project as Staff deems necessary for completion of the EIR. 7.03 N OTICE OF P REPARATION OF D RAFT EIR. After determining that an EIR will be required for a proposed project, the Lead Agency OPR and to each of the following: (a) Each Responsible Agency and Trustee Agency involved with the project; (b) Any other federal, state, or local agency which has jurisdiction by law or exercises authority over resources affected by the project, including: (1) Any water supply agency consulted under Local Guidelines Section 5.16; (2) Any city or county bordering on the project area; (3) For a project of statewide, regional, or area-wide significance, to any transportation agencies or public agencies which have major local arterials or public transit facilities within five (5) miles of the project site or freeways, highways, or rail transit service within ten (10) miles of the project site which could be affected by the project; and (4) For a subdivision project located within one mile of a facility of the State Water Resources Development System, the California Department of Water Resources; (c) The last known name and address of all organizations and individuals who have previously filed a written request with the City to receive these Notices; 2019 City of Santa Ana Local Guidelines 7-1 ©Best Best & Krieger LLP