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If the Environmental Review Officer or a decision-making body, as defined in CEQA, determine that additional environmental review is required by CEQA, or if modifications to a project require additional environmental review, such review will be conducted as provided by CEQA and in accordance with the applicable procedures set forth in this Chapter 31.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001)
(a) After evaluation of a proposed project has been completed pursuant to this Chapter, a substantial modification of the project may require reevaluation of the proposed project.
(b) When the Environmental Review Officer determines that a change in an exempt project is a substantial modification as defined in Section 31.08(i), the Environmental Review Officer shall make a new CEQA decision as provided in this Chapter.
(1) If the Environmental Review Officer again determines that the project as modified is exempt, the Environmental Review Officer shall make a new exemption determination in accordance with the applicable provisions of Section 31.08(e).
(2) If the Environmental Review Officer determines that the modified project is not exempt, an initial study shall be conducted as provided in this Chapter.
(3) The Planning Department may issue guidance to other City departments in determining the type of project modification that might occur after an Approval Action that would require additional CEQA review. The guidance may also advise on the process and considerations that the Planning Department would use in such cases to determine whether to issue a new exemption determination or undertake further environmental review.
(c) Where such a modification occurs as to a project for which a negative declaration has been adopted or a final EIR has been certified, the Environmental Review Officer shall reevaluate the proposed project in relation to such modification.
(1) If, on the basis of such reevaluation, the Environmental Review Officer determines, based on the requirements of CEQA, that no additional environmental review is necessary, this determination and the reasons therefor shall be noted in writing in the case record, and no further evaluation shall be required by this Chapter. Notice of any such written determination and the reasons therefor shall be posted in the Planning Department, and shall be mailed to the applicant, the board, commission or department that will carry out or approve the project, to any individual or organization that has commented on the environmental document, and to any other individual or organization requesting such notice in writing.
(2) If, on the basis of such reevaluation, the Environmental Review Officer determines that additional environmental review is necessary, the project shall be considered a new project for purposes of environmental review pursuant to this Chapter. In that event, a new evaluation shall be completed prior to the decision by the City as to whether to carry out or approve the project as modified. CEQA sets forth specific requirements for the determination of whether a supplemental or subsequent EIR is necessary, as well as the process therefor.
(a) The concept of a project is broadly defined by CEQA so that multiple actions of the same or of different kinds may often constitute a single project. This concept of a project permits all the ramifications of a public action to be considered together, and avoids duplication of review.
(b) Early and timely evaluation of projects and preparation of EIRs shall be emphasized.
(c) Only one initial study, negative declaration or EIR shall be required for each project.
(d) For purposes of determining the appropriate time for evaluation of projects and preparation of EIRs pursuant to this Chapter, there shall be only one relevant decision by the City to carry out or approve, or not to carry out or approve, a project. However for other purposes there may be more than one determination by the same or separate boards, commissions and departments of the City, either discretionary or ministerial, affecting the carrying out or approval of the project. The authority and effectiveness of any other such determinations, including determinations by the Board of Appeals or any other appellate body, shall not be diminished by anything in this Chapter.
(e) Only one evaluation of a project or preparation of an EIR shall occur in cases in which both the City and one or more other public agencies are to carry out or approve a project. In such cases the evaluation or preparation is performed by the lead agency, which agency is selected by reference to criteria in CEQA.
(f) CEQA provides that a single initial study, negative declaration or EIR may be employed for more than one project, if all such projects are essentially the same in terms of environmental effects. Furthermore, an initial study, negative declaration or EIR prepared for an earlier project may be applied to a later project, if the circumstances of the projects are essentially the same.
(g) Reference is made in CEQA to simultaneous consideration of multiple and phased projects, related projects, cumulative effects of projects, projects elsewhere in the region, existing and planned projects.
(h) With respect to projects preceding CEQA, and projects for which evaluations and EIRs have already been completed, or on which substantial work has been performed, CEQA makes provision as to when, if at all, a new evaluation or EIR must be prepared. An effort shall be made, in preparation of evaluations and EIRs, to consider alternatives and thus avoid the need for such further review of the project.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001)
Editor's Note regarding Operative Date of Ord. 161-13:
Ordinance 161-13 amends sections of this Article, as shown in the history notes above. Section 6 of that ordinance provides as follows:
Operative Date. This ordinance shall become operative on the later date of September 1, 2013, or five business days after the Secretary of the Planning Commission provides a memorandum to the Clerk of the Board of Supervisors advising that the Planning Commission has held a public hearing at which the Planning Department has demonstrated to the Planning Commission that it has updated its website to provide up-to-date information to the public about each CEQA exemption determination in a format searchable by location, such as through the "Active Permits In My Neighborhood" tool now used by the Planning Department and the Building Department.
At the direction of the Office of the City Attorney, the publisher incorporated the amendments made by Ord. 161-13 into this Code on September 25, 2013.
Allocation of Costs. | |
Fees. | |
Other Fees. | |
Community Plan Fees. |
(a) The costs of initial evaluations, preparation of environmental impact reports, notices, hearings and other aspects of administering this Chapter 3.1 shall be borne as follows:
(1) For a project to be carried out by the City: By the board, commission or department that is to carry out such project, as part of the budgeted project costs.
(2) For a project to be carried out by any person other than the City: By such person.
(3) For the taking of an appeal to the Planning Commission: By the appellant.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001) (Former Sec. 31.21; added by Ord. 134-73, App. 4/11/73; repealed by Ord. 40-01)
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