Chapter 14.03.025
Environmental Documents, Reaffirmations
Sections:
14.03.025.010 Reaffirmation of Previous Environmental Document.
14.03.025.030 Findings for Reaffirmation.
14.03.025.010 Reaffirmation of Previous Environmental Document.
A previously adopted negative declaration, mitigated negative declaration, or environmental impact report may be used as the environmental assessment if the Director determines that the project currently under review is within the scope of the earlier document. The Director shall require the applicant to submit a new environmental checklist and shall review the previous initial study or other environmental background materials prior to making a determination.
A. The Director may determine that the fee for reaffirming a previous negative declaration or EIR is not applicable if the Director finds that the project in question was processed concurrently with the previous environmental document, or that the project was included in the project description for the previous environmental document such that no additional staff time is required to determine the adequacy of the previous negative declaration or EIR as it relates to the project.
B. No new environmental document is required unless one of the following occurs:
1. Revisions are required in the previous EIR, negative declaration, or mitigated negative declaration due to the identification of new significant environmental impacts related to the project or circumstances under which the project would occur that were not considered in the previous environmental document; or
2. New information of substantial importance becomes available that indicates any of the following:
a. The project will have one or more significant effects not previously discussed in the EIR or negative declaration;
b. Effects previously studied will be substantially more severe than shown in the EIR or negative declaration;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effect of the project; or
d. Mitigation measures or alternatives which were not previously considered in the EIR, negative declaration, or mitigated negative declaration would substantially lessen one or more significant effect on the environment.
C. Previous environmental documents shall not be used for the purposes of this section if the certification or adoption occurred more than five years prior to the filing of an application for the subject or subsequent project unless the Director determines that:
1. No substantial changes have occurred with respect to the circumstances under which the previous environmental document was certified or adopted; or
2. The previous documentation is still adequate and no new substantial information as described under Subsection B.2. above, has become available.
14.03.025.020 Public Notice.
When the project under review requires a public hearing and proposes to rely on the previous environmental document for CEQA compliance, the notice for the public hearing shall identify the previous environmental document, state that the project is within the scope of the previous document, state that the previous document adequately describes the project for the purposes of CEQA, and give the location where copies of the previous document are available for review. If applicable, notice shall be provided to responsible and trustee agencies.
14.03.025.030 Findings for Reaffirmation.
The reaffirmation of a previous negative declaration, mitigated negative declaration, or EIR shall reference the previous initial study, previous environmental document, and any mitigation measures that are conditions of project approval.
A. The decision-maker shall make the following findings:
1. That the activity is within the scope of the project covered by the previous EIR, negative declaration, or mitigated negative declaration;
2. That no new significant effects would occur or no new mitigation measures would be required;
3. That the Statement of Overriding Considerations, if any, adopted with the previous project for which the EIR was prepared has been incorporated into the project approval;
4. That feasible mitigation measures or alternatives adopted with the previous EIR or mitigated negative declaration have been incorporated into the project approval; and
5. That no new environmental document would be required.
B. The notice of determination shall include a statement that a previous EIR, negative declaration, or mitigated negative declaration was found to adequately consider the project pursuant to the provisions of CEQA. The previous environmental document shall also be identified. (Ord. 1555, §7, 1996)