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Local Guidelines for Implementing the <br />California Environmental Quality Act (2023) NEGATIVE DECLARATION <br /> <br /> <br />2023 City of Santa Ana Local Guidelines 6-13 ©Best Best & Krieger LLP <br />6.14 CONTENT OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. <br />A Negative Declaration must be prepared directly by or under contract to the City and <br />should generally resemble Form “E.” It shall contain the following information: <br />(a) A brief description of the project proposed, including any commonly used name for the <br />project; <br />(b) The location of the project and the name of the project proponent; <br />(c) A finding that the project as proposed will not have a significant effect on the environment; <br />and <br />(d) An attached copy of the Initial Study documenting reasons to support the finding. <br /> <br />For a Mitigated Negative Declaration, feasible mitigation measures included in the project <br />to substantially lessen or avoid potentially significant effects must be fully enforceable through <br />permit conditions, agreements, or other measures. Such permit conditions, agreements, and <br />measures must be consistent with applicable constitutional requirements such as the “nexus” and <br />“rough proportionality” standards established by case law. <br />The proposed Negative Declaration or Mitigated Negative Declaration must reflect the <br />independent judgment of the City. <br />(Reference: State CEQA Guidelines, § 15071.) <br />6.15 TYPES OF MITIGATION. <br />The following is a non-exhaustive list of potential types of mitigation the City may <br />consider: <br />(a) Avoidance; <br />(b) Preservation; <br />(c) Rehabilitation or replacement. Replacement may be on-site or off-site depending on the <br />particular circumstances; and/or <br />(d) Participation in a fee program. <br />(Reference: State CEQA Guidelines, § 15370.) <br />6.16 ADOPTION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. <br />Following the publication, posting or mailing of the Notice of Intent to Adopt a Negative <br />Declaration or Mitigated Negative Declaration, but not before the expiration of the applicable <br />twenty (20) or thirty (30) day public review period, the Negative Declaration or Mitigated Negative <br />Declaration may be presented to the decision-making body at a regular or special meeting. Prior <br />to adoption, the City shall independently review and analyze the Negative Declaration or Mitigated <br />Negative Declaration and find that the Negative Declaration or Mitigated Negative Declaration <br />reflects the independent judgment of the City. <br />If new information is added to the Negative Declaration or Mitigated Negative Declaration <br />after public review, the City should determine whether recirculation is warranted. (See Local