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K-3 <br />IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Page 6 <br />C. No future applications shall be accepted ,from any applicant <br />or permits or entitlements approved Tor issued until all <br />prior indebtedness to City incurredC'under this section by <br />such applicants has been paid in full. <br />D. The amount of the fee shall becoe an obligation of the ap- <br />plicant to the City whether or not the permit or entitlement <br />is issued, or whether or not apblicant exercises the right <br />to obtain the permit or entitlement. Such fees accrue and <br />becomea able when Cit <br />P Y y gives�noticdt to applicant of the . <br />amount of such fees. This 1.a''uility shall be enforceable in <br />any court of competent jurisdiction. In the event suit is <br />filed by City, in addition'to the amount of the fee, applicant <br />shall pay reasonable attorney's fees. <br />E. Regardless of whether th,d" draft report is prepared by the ap- <br />plicant or by an independent outside consultant, the Committee <br />shall assure that it is`objective, nonpartisan and complete. <br />Where a draft Environmental Impact Report has been prepared <br />by the applicant and he Environmental Affairs Committee, in <br />its review, finds that the Environmental Impact Report is <br />either inadequate or,flacking in objectivity, the Committee <br />may require that a"eevised or an additional Environmental <br />Impact Report be prepared either by the applicant or by a con- <br />sultant selected by the Committee. The draft report should be <br />as brief and concise as possible within the scope of any <br />particular projee't. <br />VIII. SUBSEQUENT EIR. Where an EIR has been prepared for a project, no <br />subsequent EIR neek" a prepared for any phase or portion of that <br />project unless additional discretionary action is required; substan- <br />tial changes are proposed in the project; or there are substantial <br />changes with respect to the circumstances under which the project <br />was originally arproved. <br />IX. REVIEW OF THE E�1R. The draft EIR shall be prepared and submitted <br />with the earliest application, i.e., use permit, variance or <br />tentative trackt� map, for the project to which the EIR pertains. <br />When a public hearing is required for the application, the hearing <br />notice shall nclude reference to the EIR. <br />The Plannirl Commission and the City Council, in reviewing the <br />application shall consider the EIR as well as all other aspects <br />of the project, and may incorporate any conditions of approval as <br />may be ne essary to mitigate undesirable environmental impacts. <br />When the Planning Commission or City Council find that a project <br />would have an unnecessary or unwarranted environmental impact when <br />compared to any beneficial aspects, the Planning Commission or City <br />Council may deny the project. <br />* Amended - May 13, 1974 <br />