HomeMy WebLinkAbout(1974, 05/13) - K-3 - Amended - partialK-3
IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Page 6
C. No future applications shall be accepted ,from any applicant
or permits or entitlements approved Tor issued until all
prior indebtedness to City incurredC'under this section by
such applicants has been paid in full.
D. The amount of the fee shall becoe an obligation of the ap-
plicant to the City whether or not the permit or entitlement
is issued, or whether or not apblicant exercises the right
to obtain the permit or entitlement. Such fees accrue and
becomea able when Cit
P Y y gives�noticdt to applicant of the .
amount of such fees. This 1.a''uility shall be enforceable in
any court of competent jurisdiction. In the event suit is
filed by City, in addition'to the amount of the fee, applicant
shall pay reasonable attorney's fees.
E. Regardless of whether th,d" draft report is prepared by the ap-
plicant or by an independent outside consultant, the Committee
shall assure that it is`objective, nonpartisan and complete.
Where a draft Environmental Impact Report has been prepared
by the applicant and he Environmental Affairs Committee, in
its review, finds that the Environmental Impact Report is
either inadequate or,flacking in objectivity, the Committee
may require that a"eevised or an additional Environmental
Impact Report be prepared either by the applicant or by a con-
sultant selected by the Committee. The draft report should be
as brief and concise as possible within the scope of any
particular projee't.
VIII. SUBSEQUENT EIR. Where an EIR has been prepared for a project, no
subsequent EIR neek" a prepared for any phase or portion of that
project unless additional discretionary action is required; substan-
tial changes are proposed in the project; or there are substantial
changes with respect to the circumstances under which the project
was originally arproved.
IX. REVIEW OF THE E�1R. The draft EIR shall be prepared and submitted
with the earliest application, i.e., use permit, variance or
tentative trackt� map, for the project to which the EIR pertains.
When a public hearing is required for the application, the hearing
notice shall nclude reference to the EIR.
The Plannirl Commission and the City Council, in reviewing the
application shall consider the EIR as well as all other aspects
of the project, and may incorporate any conditions of approval as
may be ne essary to mitigate undesirable environmental impacts.
When the Planning Commission or City Council find that a project
would have an unnecessary or unwarranted environmental impact when
compared to any beneficial aspects, the Planning Commission or City
Council may deny the project.
* Amended - May 13, 1974