Legal Resources | | T14 15025
Chapter 3. Guidelines for Implementation of the California Environmental Quality Act Article 2. General Responsibilities Delegation of Responsibilities.
(a) A public agency may assign specific functions to its staff to assist in administering CEQA. Functions which may be delegated include but are not limited to:
(1) Determining whether a project is exempt.
(2) Conducting an initial study and deciding whether to prepare a draft EIR or negative declaration.
(3) Preparing a negative declaration or EIR.
(4) Determining that a negative declaration has been completed within a period of 180 days.
(5) Preparing responses to comments on environmental documents.
(6) Filing of notices.
(b) The decisionmaking body of a public agency shall not delegate the following functions:
(1) Reviewing and considering a final EIR or approving a negative declaration prior to approving a project.
(2) The making of findings as required by Sections 15091 and 15093.
(c) Where an advisory body such as a planning commission is required to make a recommendation on a project to the decisionmaking body, the advisory body shall also review and consider the EIR or negative declaration in draft or final form.
Authority cited:
Public Resources Code 21083
Reference:
Public Resources Code 21082
Public Resources Code 21100.2
Public Resources Code 21151.5
Kleist v. City of Glendale (1976) 56 Cal. App. 3d 770.
(Amended by Register 2005, No. 40.)