2019-050 -Adopting Local CEQA Guidelines

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Local Guidelines for Implementing the California Environmental Quality Act (2019) NEGATIVE DECLARATION (a) A brief description of the project proposed, including any commonly used name for the project; (b) The location of the project and the name of the project proponent; (c) A finding that the project as proposed will not have a significant effect on the environment; and (d) An attached copy of the Initial Study documenting reasons to support the finding. For a Mitigated Negative Declaration, feasible mitigation measures included in the project to substantially lessen or avoid potentially significant effects must be fully enforceable through permit conditions, agreements, or other measures. Such permit conditions, agreements, The proposed Negative Declaration or Mitigated Negative Declaration must reflect the independent judgment of the City. 6.15 T YPES OF M ITIGATION. 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 A DOPTION OF N EGATIVE D ECLARATION OR M ITIGATED N EGATIVE D ECLARATION. 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 2019 City of Santa Ana Local Guidelines 6-12 ©Best Best & Krieger LLP