California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 6 - Negative Declaration Process › Section 15074 - Consideration and Adoption of a Negative Declaration or Mitigated Negative Declaration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any advisory body of a public agency
				  making a recommendation to the decisionmaking body shall consider the proposed
				  negative declaration or mitigated negative declaration before making its
				  recommendation.
(b) Prior to
				  approving a project, the decisionmaking body of the lead agency shall consider
				  the proposed negative declaration or mitigated negative declaration together
				  with any comments received during the public review process. The decisionmaking
				  body shall adopt the proposed negative declaration or mitigated negative
				  declaration only if it finds on the basis of the whole record before it
				  (including the initial study and any comments received), that there is no
				  substantial evidence that the project will have a significant effect on the
				  environment and that the negative declaration or mitigated negative declaration
				  reflects the lead agency's independent judgment and analysis.
(c) When adopting a negative declaration or
				  mitigated negative declaration, the lead agency shall specify the location and
				  custodian of the documents or other material which constitute the record of
				  proceedings upon which its decision is based.
(d) When adopting a mitigated negative
				  declaration, the lead agency shall also adopt a program for reporting on or
				  monitoring the changes which it has either required in the project or made a
				  condition of approval to mitigate or avoid significant environmental
				  effects.
(e) A lead agency shall
				  not adopt a negative declaration or mitigated negative declaration for a
				  project within the boundaries of a comprehensive airport land use plan or, if a
				  comprehensive airport land use plan has not been adopted, for a project within
				  two nautical miles of a public airport or public use airport, without first
				  considering whether the project will result in a safety hazard or noise problem
				  for persons using the airport or for persons residing or working in the project
				  area.
(f) When a non-elected
				  official or decisionmaking body of a local lead agency adopts a negative
				  declaration or mitigated negative declaration, that adoption may be appealed to
				  the agency's elected decisionmaking body, if one exists. For example, adoption
				  of a negative declaration for a project by a city's planning commission may be
				  appealed to the city council. A local lead agency may establish procedures
				  governing such appeals.
1. Amendment
					 of section heading, section and NOTE filed 5-27-97; operative 5-27-97 pursuant
					 to Government Code section
					 11343.4(d)
					 (Register 97, No. 22).
2. Change without regulatory effect amending
					 NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
3. New subsection (f) and
					 amendment of NOTE filed 7-27-2007; operative 7-27-2007 pursuant to Public
					 Resources Code section
					 21083(f)
					 (Register 2007, No. 30).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21080(c),
						21081.6,
						21082.1,
						21096
						and
						21151,
						Public Resources Code; Friends of B Street v. City of Hayward, (1980) 106 Cal.
						App. 3d 988.