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A. City Staff and Trustee Agencies. Upon the determination that an initial study will be required, the department may consult informally with City departments and trustee agencies having purview in areas affected by the project to obtain their recommendations on the scope of significant environmental impact issues, mitigation measures and whether an EIR, negative declaration, or mitigated negative declaration should be prepared.
B. Interested Parties. The department may also consult with interested parties, neighborhood or environmental groups or others who may have knowledge or special expertise with respect to the project or possible significant effects.
(Ord. 2067, Ord. 2364 §35)
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)
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)
A. Draft Negative Declaration. A draft negative declaration shall be prepared for a project subject to CEQA when the initial study shows that there is no substantial evidence of a fair argument that the project may have a significant effect on the environment.
B. Draft Mitigated Negative Declaration. A draft mitigated negative declaration shall be prepared for a project subject to CEQA when the initial study identifies potentially significant effects, but:
1. Revisions to the project plans or proposals made by or agreed to by the applicant before the proposed mitigated negative declaration is released for public review would avoid or mitigate adverse effects to a point where clearly no significant impact would occur; and
2. There is no substantial evidence of a fair argument before the department that the project as revised may have a significant effect on the environment.
(Ord. 2067, Ord. 2364 §38)
A negative declaration or mitigated negative declaration for a private project shall be completed within one hundred and five (105) days of the date of acceptance of the project application as complete, except under the conditions specified in the State Guidelines. Completion of a negative declaration or mitigated negative declaration shall include and be limited to preparation of the initial study, public circulation of the initial study, and expiration of the time provided for by law for making comments on the negative declaration or mitigated negative declaration. A reasonable extension of the time period to complete the negative declaration or mitigated negative declaration may be provided in the event that compelling circumstances justify additional time and the project applicant consents thereto.
(Ord. 2067)
A draft negative declaration or mitigated negative declaration shall contain the information specified in the State Guidelines and shall be in a form determined by the director. A mitigated negative declaration shall also include the signature of the project applicant stating that the applicant concurs with the proposed mitigation measures and agrees to implement those measures.
(Ord. 2067, Ord. 2268, Ord. 2364 §39)
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