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05-28-19_AGENDA PACKET
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05-28-19_AGENDA PACKET
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Local Guidelines for Implementing the <br />California Environmental Quality Act (2019) NEGATIVE DECLARATION <br /> <br /> <br />2019 City of Santa Ana Local Guidelines 6-14 ©Best Best & Krieger LLP <br />evidence that the project will have a significant effect on the environment, the factors listed in <br />Local Guidelines Section 5.08 should be considered. (See Local Guidelines Section 6.06 for <br />approval requirements for facilities that may emit hazardous pollutants or that may handle <br />extremely hazardous substances within one-quarter mile of a school site.) <br />6.19 RECIRCULATION OF A NEGATIVE DECLARATION OR MITIGATED NEGATIVE <br />DECLARATION. <br />A Negative Declaration or Mitigated Negative Declaration must be recirculated when the <br />document must be substantially revised after the public review period but prior to its adoption. A <br />“substantial revision” occurs when the City has identified a new and avoidable significant effect <br />for which mitigation measures or project revisions must be added in order to reduce the effect to a <br />level of insignificance, or when the City determines that the proposed mitigation measures or <br />project revisions will not reduce the potential effects to less than significant and new measures or <br />revisions must be required. <br />Recirculation is not required under the following circumstances: <br />(a) Mitigation measures are replaced with equal or more effective measures, and the City <br />makes a finding to that effect; <br />(b) New project revisions are added after circulation of the Negative Declaration or Mitigated <br />Negative Declaration or in response to written or oral comments on the project’s effects, <br />but the revisions do not create new significant environmental effects and are not necessary <br />to mitigate an avoidable significant effect; <br />(c) Measures or conditions of project approval are added after circulation of the Negative <br />Declaration or Mitigated Negative Declaration, but the measures or conditions are not <br />required by CEQA, do not create new significant environmental effects, and are not <br />necessary to mitigate an avoidable significant effect; or <br />(d) New information is added to the Negative Declaration or Mitigated Declaration which <br />merely clarifies, amplifies, or makes insignificant modifications to the Negative <br />Declaration or Mitigated Negative Declaration. <br />If, after preparation of a Negative Declaration or Mitigated Negative Declaration, the City <br />determines that the project requires an EIR, it shall prepare and circulate the Draft EIR for <br />consultation and review and advise reviewers in writing that a proposed Negative Declaration or <br />Mitigated Declaration had previously been circulated for the project. <br />6.20 NOTICE OF DETERMINATION ON A PROJECT FOR WHICH A PROPOSED NEGATIVE OR <br />MITIGATED NEGATIVE DECLARATION HAS BEEN APPROVED. <br />After final approval of a project for which a Negative Declaration or Mitigated Negative <br />Declaration has been prepared, Staff shall cause to be prepared, filed, and posted a Notice of <br />Determination (Form “F”). The Notice of Determination shall contain the following information: <br />(a) An identification of the project, including the project title as identified on the proposed <br />Negative Declaration or Mitigated Negative Declaration, location, and the State <br />Clearinghouse identification number for the proposed Negative Declaration or Mitigated <br />Negative Declaration if the Notice of Determination is filed with the State Clearinghouse; <br />3 -91
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