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Chapter 3. Guidelines for Implementation of the California Environmental Quality Act Article 7. EIR Process Certification of the Final EIR.   

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(a) Prior to approving a project the lead agency shall certify that:

(1) The final EIR has been completed in compliance with CEQA;

(2) The final EIR was presented to the decisionmaking body of the lead agency and that the decisionmaking body reviewed and considered the information contained in the final EIR prior to approving the project; and

(3) The final EIR reflects the lead agency's independent judgment and analysis.

(b) When an EIR is certified by a non-elected decision-making body within a local lead agency, that certification may be appealed to the local lead agency's elected decision-making body, if one exists. For example, certification of an EIR for a tentative subdivision map by a city's planning commission may be appealed to the city council. Each local lead agency shall provide for such appeals.

Authority cited:

Public Resources Code 21083


Public Resources Code 21082.1

Public Resources Code 21100

Public Resources Code 21151

City of Carmel-by-the-Sea v. Board of Supervisors (1977) 71 Cal. App. 3d 84

Kleist v. City of Glendale (1976) 56 Cal. App. 3d 770.

(Amended by Register 2005, No. 40.)