1.40.720   Use of Environmental Documents Prepared by Other Jurisdictions.
   A.   Adequacy of Documents. If the City determines that an EIR, negative declaration, or mitigated negative declaration is not adequate for the project upon which it is deciding, it must either:
      1.   Challenge the issue in court within thirty (30) days after the lead agency files a notice of determination;
      2.   Be deemed to have waived any objection to the adequacy of the environmental document;
      3.   Prepare a subsequent EIR if permissible pursuant to the State Guidelines;
      4.   Assume the lead agency role as provided for in the State Guidelines.
   B.   Alternatives and Mitigation Measures.
      1.   When considering alternatives and mitigation measures as a responsible agency, the City has responsibility for mitigating or avoiding only the direct or indirect environmental effects of those parts of the project which it decides to carry out, finance, or approve.
      2.   When an EIR has been prepared by another entity, a City decision-making body shall not approve the project as proposed if it finds that there are feasible alternatives or mitigation measures within its power that would substantially lessen or avoid any significant environmental impact of the project.
   C.   Findings. Prior to approval of projects for which an EIR was prepared, findings shall be made pursuant to Section 15091 of the State Guidelines for each significant effect of the project as necessary.
(Ord. 2067)