05-28-19_AGENDA PACKET - Laserfiche WebLink

Home Browse Search

Local Guidelines for Implementing the California Environmental Quality Act (2019) NEGATIVE DECLARATION 2019 City of Santa Ana Local Guidelines 6-12 ©Best Best & Krieger LLP measures must be consistent with applicable constitutional requirements such as the “nexus” and “rough proportionality” standards established by case law. The proposed Negative Declaration or Mitigated Negative Declaration must reflect the independent judgment of the City. 6.15 TYPES OF MITIGATION. The following is a non-exhaustive list of potential types of mitigation the City may consider: (a) Avoidance; (b) Preservation; (c) Rehabilitation or replacement. Replacement may be on-site or off-site depending on the particular circumstances; and/or (d) Participation in a fee program. 6.16 ADOPTION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. Following the publication, posting or mailing of the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration, but not before the expiration of the applicable twenty (20) or thirty (30) day public review period, the Negative Declaration or Mitigated Negative Declaration may be presented to the decision-making body at a regular or special meeting. Prior to adoption, the City shall independently review and analyze the Negative Declaration or Mitigated Negative Declaration and find that the Negative Declaration or Mitigated Negative Declaration reflects the independent judgment of the City. If new information is added to the Negative Declaration or Mitigated Negative Declaration after public review, the City should determine whether recirculation is warranted. (See Local Guidelines Section 6.19). If the decision-making body finds that the project will not have a significant effect on the environment, it shall adopt the Negative Declaration or Mitigated Negative Declaration. If the decision-making body finds that the proposed project may have a significant effect on the environment that cannot be mitigated or avoided, it shall order the preparation of a Draft EIR and the filing of a Notice of Preparation of a Draft EIR. When adopting a Negative Declaration or Mitigated Negative Declaration, the City shall specify the location and custodian of the documents or other material that constitute the record of proceedings upon which it based its decision. If adopting a Negative Declaration for a project that may emit hazardous air emissions within one-quarter mile of a school and that meets the other requirements of Local Guidelines Section 6.06, the decision-making body must also make the findings required by Local Guidelines Section 6.06. As Lead Agency, the City may charge a non-elected official or body with the responsibility of independently reviewing the adequacy of and adopting a Negative Declaration or a Mitigated Negative Declaration; however, when a non-elected decision-making body adopts a Negative Declaration or Mitigated Negative Declaration, the City must have a procedure allowing for the appeal of that decision to the City Council. 3 -89