The department shall consult with the project applicant to determine if the applicant is willing to modify the project to reduce or avoid the significant effects identified in the initial study. The willingness of the applicant to modify a project shall be demonstrated in a mitigated negative declaration signed by the applicant. Mitigation measures may not be imposed by a mitigated negative declaration without the applicant’s consent; however, without the applicant’s written consent, an EIR will be required to assess any significant environmental impacts of the project.
(Ord. 2067, Ord. 2268, Ord 2264 §36)