A. Responsible Agency Consultation. Prior to a determination whether an environmental impact report or negative declaration is required, the City shall consult with all other public agencies which have responsibility for carrying out or approving the project.
B. Basis of Determination.
1. Negative Declaration. Where the initial study demonstrates that a project will not have a significant effect on the environment, the director shall prepare a draft negative declaration pursuant to Article 6 of the State Guidelines and Article V of this chapter.
2. Mitigated Negative Declaration. Where the initial study demonstrates that, with mitigation agreed to by the project applicant, a project will have an impact of less than significant on the environment, a proposed mitigated negative declaration shall be prepared pursuant to Article 6 of the State Guidelines and Article V of this chapter.
3. Environmental Impact Report. Whenever it has been determined by the director that there is substantial evidence of a fair argument that a proposed project may have a significant environmental impact, an EIR shall be prepared pursuant to the State Guidelines and this chapter. If any aspects of the project, either individually or cumulatively, may cause a significant adverse effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, then an EIR must be prepared. The existence of a public controversy alone does not, without substantial evidence of a fair argument of a significant environmental impact, require preparation of an EIR.
4. Use of an EIR from a Previous Project. An EIR prepared for a previous project may be used for a later project if the circumstances of both projects are essentially the same. The EIR prepared for the previous project shall be publicly noticed as the draft EIR for the later project and processed pursuant to Article VI of this
5. Withdrawal of Decision. If, prior to approval of a negative declaration or mitigated negative declaration, there is substantial evidence of a fair argument that the proposed project may result in a significant impact, the director shall examine this information and determine whether to withdraw the negative declaration from further review and notify the applicant that an EIR is required, notwithstanding sections of this code to the contrary.
(Ord. 2067, Ord. 2364 §37)