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Local Guidelines for Implementing the <br />California Environmental Quality Act (2023) LEAD AND RESPONSIBLE AGENCIES <br /> <br /> <br />2023 City of Santa Ana Local Guidelines 2-5 ©Best Best & Krieger LLP <br />2.09 USE OF FINAL EIR OR NEGATIVE DECLARATION BY RESPONSIBLE AGENCIES. <br />The City, as a Responsible Agency, shall consider the Lead Agency’s Final EIR or <br />Negative Declaration before acting upon or approving a proposed project. As a Responsible <br />Agency, the City must independently review and consider the adequacy of the Lead Agency’s <br />environmental documents prior to approving any portion of the proposed project. In certain <br />instances, the City, in its role as a Responsible Agency, may require that a Subsequent EIR or a <br />Supplemental EIR be prepared to fully address those aspects of the project over which the City has <br />approval authority. Mitigation measures and alternatives deemed feasible and relevant to the <br />City’s role in carrying out the project shall be adopted. Findings that are relevant to the City’s role <br />as a Responsible Agency shall be made. After the City decides to approve or carry out part of a <br />project for which an EIR or negative declaration has previously been prepared by the Lead Agency, <br />the City, as Responsible Agency, should file a Notice of Determination with the County Clerk <br />within five (5) days of approval, but need not state that the Lead Agency’s EIR or Negative <br />Declaration complies with CEQA. The City, as Responsible Agency, should state that it <br />considered the EIR or Negative Declaration as prepared by a Lead Agency. <br />(Reference: State CEQA Guidelines, § 15096.) <br />2.10 SHIFT IN LEAD AGENCY RESPONSIBILITIES. <br />The City, as a Responsible Agency, shall assume the role of the Lead Agency if any one <br />of the following three conditions is met: <br />(a) The Lead Agency did not prepare any environmental documents for the project, and the <br />statute of limitations has expired for a challenge to the action of the appropriate Lead <br />Agency; <br /> <br />(b) The Lead Agency prepared environmental documents for the project, and all of the <br />following conditions apply: <br />(1) A Subsequent or Supplemental EIR is required; <br />(2) The Lead Agency has granted a final approval for the project; and <br />(3) The statute of limitations has expired for a challenge to the action of the appropriate <br />Lead Agency; or <br />(c) The Lead Agency prepared inadequate environmental documents without providing public <br />notice of a Negative Declaration or sending Notice of Preparation of an EIR to Responsible <br />Agencies and the statute of limitations has expired for a challenge to the action of the <br />appropriate Lead Agency. <br /> <br />(Reference: State CEQA Guidelines, § 15052.)