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Sec. 4.1 <br /> <br />Sec. 4.2 <br /> <br />Article 4 <br /> <br />Application of the Act to Projects <br /> <br />General Rule. The requirements set forth herein apply to <br />projects which may have a significant effect on the envl- <br />ronment and which involve discretionary governmental action. <br />Where it can be seen with certainty that there is no pos- <br />sibility that the activity in question may have a signill- <br />can effect on the environment, the activity is not covered <br />by the requirements set forth in CEQA, and these Guidelines <br />concerning the evaluation of projects and the preparation <br />and review of environmental documents do not apply. <br /> <br />State and Local Agency Projects. (Public Projects) <br /> <br />(a) <br /> <br />When a public agency plans to carry out or approve a <br />project which is subject to CEQA, which may have a <br />significant effect on the environment, the EIR or <br />Negative Declaration for the project shall be prepared <br />directly by, or under contract to, a public agency. <br /> <br />(b) <br /> <br />Where a project which is subject to CEQA is to be <br />carried out by a nongovernmental person subject to <br />approval, financial support, or some other involvement <br />by a public agency, the EIR or Negative Declaration <br />shall be prepared directly by, or under contract to, <br />the Lead Agency. However, the Lead Agency may require <br />the person to supply data and information, both to <br />determine whether the project may have a significant <br />effect on the environment, and to assist in the pre- <br />para.tion of an EIR or Negative Declaration by the Lead <br />Agency. This information may be submitted in the form <br />of a draft EIR if the Lead Agency desires. If infor- <br />mation is provided in the form of a draft EIR or <br />Negative Declaration, the Lead Agency may not use the <br />document as i~s own without independent evaluation and <br />analysis. The draft EIR or Negative Declaration which <br />is sent out for public review must reflect the inde- <br />pendent Judgment of the Lead Agency. The Lead Agency <br />should require an applicant to specify to the best of <br />his knowledge which other public agencies will have <br />Jurisdiction by law over the project. <br /> <br />(c) <br /> <br />Where the project is to be undertaken by the City <br />but requires state approval or financial assistance, <br />the state agency shall require the City to prepare <br />an EIR or Negative Declaration, to be submitted with <br />the request for approval of the proposed project. <br />This must also be done where federal funds are in- <br />volved, but only if a State Agency has discretionary <br />authority over the use of those funds. If the local <br /> <br />-10 - <br /> <br /> <br />