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3 - CEQA GUIDELINES_CITYWIDE
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3 - CEQA GUIDELINES_CITYWIDE
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Local Guidelines for Implementing the <br />California Environmental Quality Act (2019) ENVIRONMENTAL IMPACT REPORT <br /> <br /> <br />2019 City of Santa Ana Local Guidelines 7-26 ©Best Best & Krieger LLP <br />7.29 PUBLIC HEARING ON DRAFT EIR. <br />CEQA does not require formal public hearings for certification of an EIR; public comments <br />may be restricted to written communications. (However, a hearing is required to utilize the limited <br />exemption for Transit Priority Projects as explained in Local Guidelines Section 3.16; to adopt a <br />bicycle transportation plan as explained in Local Guidelines Section 3.20; and for certain other <br />actions involving the replacement or deletion of mitigation measures under State CEQA <br />Guidelines Section 15074.1.) However, if the City provides a public hearing on its consideration <br />of a project, the City should include the project’s environmental review documents as one of the <br />subjects of the hearing. Notice of the time and place of the hearing shall be given in a timely <br />manner in accordance with any legal requirements applicable to the proposed project. Generally, <br />the requirements of the Ralph M. Brown Act will provide the minimum requirements for the <br />inclusion of CEQA matters on agendas and at hearings. (Gov. Code, § 54950 et seq.) At a <br />minimum, agendas for meetings and hearings before commissions, boards, councils, and other <br />agencies must be posted in a location that is freely accessible to members of the public at least <br />seventy-two (72) hours prior to a regular meeting. The agenda must contain a brief general <br />description of each item to be discussed and the time and location of the meeting. (Gov. Code, <br />§ 54954.2.) Additionally, any legislative body or its presiding officer must post an agenda for <br />each regular or special meeting on the local agency’s Internet Web site, if the local agency has <br />one. <br />7.30 RESPONSE TO COMMENTS ON DRAFT EIR. <br />The Lead Agency shall evaluate any comments on environmental issues received during <br />the public review period for the Draft EIR and shall prepare a written response to those comments <br />that raise significant environmental issues. <br />As stated below, the City, as Lead Agency, should also consider evaluating and responding <br />to any comments received after the public review period. The written responses shall describe the <br />disposition of any significant environmental issues that are raised in the comments. The responses <br />may take the form of a revision of the Draft EIR, an attachment to the Draft EIR, or some other <br />oral or written response that is adequate under the circumstances. If the City’s position is at <br />variance with specific recommendations or suggestions raised in the comment, the City’s response <br />must detail the reasons why such recommendations or suggestions were not accepted. The level <br />of detail contained in the response, however, may correspond to the level of detail provided in the <br />comment (i.e., responses to general comments may be general). A general response may be <br />appropriate when a comment does not contain or specifically refer to readily available information, <br />or does not explain the relevance of evidence submitted with the comment. <br />Moreover, the City shall respond to any specific suggestions for project alternatives or <br />mitigation measures for significant impacts, unless such alternatives or mitigation measures are <br />facially infeasible. The response shall contain recommendations, when appropriate, to alter the <br />project as described in the Draft EIR as a result of an analysis of the comments received. <br />At least ten (10) days prior to certifying a Final EIR, the Lead Agency shall provide its <br />proposed written response, either in printed copy or in an electronic format, to any public agency <br />that has made comments on the Draft EIR during the public review period. The City, as Lead
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