§ 23A-52. Private Project Approval: Mandatory Findings and Statement of Overriding Considerations.

(a)

The FEIR shall be certified by the Decision Making Body no later than one (1) year after the project application is accepted as complete except as provided by Section 15109 of the Guidelines. In the event that circumstances justify additional time and the project applicant consents thereto, the one (1) year period may be extended by the Planning Director for an additional ninety (90) days. In the event additional time is needed for combined State and Federal compliance, the one (1) year period may be extended in accordance with Section 15110 of the Guidelines.

(b)

In accordance with Section 15091 of the Guidelines, no Decision Making Body shall approve a private project for which an EIR has been completed which identifies one (1) or more significant effects of the project unless the Decision Making Body makes one (1) or more of the written findings contained in Section 15091(a) of the Guidelines for each of those significant effects. Each such finding shall be accompanied by a statement of the facts supporting the finding. Otherwise, no Decision Making Body shall approve a private project as proposed unless such action is in compliance with Section 15092 of the Guidelines.

(c)

In the event that the Decision Making Body approves a project which will result in the occurrence of significant effects which were identified in the FEIR but are not at least substantially mitigated, the Decision Making Body shall state in writing the specific reasons to support its action based on the FEIR or other information in the record in accordance with Section 15093 of the Guidelines. This statement shall explain how the Decision Making Body balanced the merits of approving the project with the environmental damage which will result.

(d)

In the event that subsequent changes are proposed in a project which will require important revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental impacts not addressed in the previous EIR or Negative Declaration on the project, then a revised environmental document shall be processed in accordance with this ordinance and the information contained therein shall be reviewed and considered prior to approval of said changes.

(Ord. No. 3411 § II.)