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where the permit or other entitlement was issued, <br /> <br />or the contract approved prior to April 5, 1973, shall <br />not require an EIR or Negative Declaration, subject <br />to the ~ollowing provisions: <br /> <br /> (1) CEQA expressly does not prohibit a <br /> <br /> public agency, from cpnsidering environ~ <br /> <br />(2) <br /> <br />· ' (3') <br /> <br />mental factors in connection with the <br />a_j~proval or disapproval of a project, or <br />for. imposing reasonable fees on the appro- <br /> <br />priate private person or entity for preparing <br />an Environmental Impact ~eport. A public <br />agency may require ah environmental impact <br />report for projects covered..~y this paragraph <br />pursuant to local rule~ and r~gulations durin~ <br />this interim period. <br /> <br />Where the issuance or approval occurred prior <br />to December 5, 1972~ and prior to said date <br />the project was legally challenged for non- <br />compliance with CEqA, th9 project shall be <br />bound by special rules set forth in Section <br /> <br />21170 <br /> <br />of CEqA. <br /> <br />IJhere a projectinvolving the issuance of a <br />lease, permit, license, certificate, or other <br />~citlement to use has been granted, a dis- <br />cretionary governmental approval for part of <br /> <br />-42- <br /> <br /> <br />