A responsible agency complies with CEQA by considering the EIR, MND or ND prepared by the lead agency and by reaching its own conclusions on whether and how to approve the project involved”.

The lead agency shall:

  • Consider the proposed MND together with any comments received during the public review process.
  • The decision-making body of the lead agency shall adopt the proposed MND only if:
    • It finds on the basis of the whole record before it that there is no substantial evidence the project will have a significant effect on the environment, and
    • The MND reflects the lead agency's independent judgment and analysis.

When adopting a mitigated negative declaration, the lead agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to mitigate or avoid significant environmental effects

The lead agency shall specify the location and custodian of the documents or other material, which constitute the record of proceedings upon which its decision is based.

Reference:

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