Negative Declarations
What is a Negative Declaration?
A negative declaration is one of the kinds of reports the City may prepare as part of its environmental review of a project. Sometimes planners and others call these “neg decs”.
Why is it called a “negative declaration”? When an agency uses a negative declaration, it is saying two things:
- The proposed project will not have a significant effect on the environment (the “declaration”; and
- That an environmental impact report is not necessary (the “negative”). An environmental impact report is a more detailed analysis of a project’s effects on our physical surroundings.
General Concepts
The California Environmental Quality Act (CEQA) guides the environmental review process. The goal is to give decision-makers more information. The ultimate decision, however, on whether to approve a project is up to decision-makers, who are the Planning Commission and/or the City Council, depending on the size of the project.
The term “environment” includes natural and man-made elements of our surroundings. This includes land, air, water, minerals, plants, animals and noise. It also includes things like historic buildings. (See the Standards of Rehabilitation within Historic Preservation for more information.)
The decision on whether to prepare an environmental impact report or a negative declaration flows from a document called an “initial study”. This study looks at whether a project may have a significant impact on the environment.
There are two situations in which a negative declaration is used. One is when decision-makers conclude that a project will not have a significant effect on the environment. The other is when the project has potentially significant effects, but they can be reduced or avoided by imposing certain conditions on the project. This type of negative declaration is known as a “mitigated negative declaration”.
Decision-Making Process
The public has an opportunity to express its views on a proposed negative declaration. There will also be one or more meetings at which decision-makers will consider the negative declaration and will hear from anyone who has information that might bear on whether the negative declaration should be adopted or modified. You can share your thoughts in writing before or at the meeting. Agendas are posted in advance for the Planning Commission and the City Council.
Note that approving a negative declaration on a project is not the same as approving the project itself. Decision-makers consider the project in light of the information in the negative declaration as well as other factors.
To Learn More
- State of California website on California Environmental Quality Act: http://ceres.ca.gov/ceqa/
- The Planning Commissioner’s Handbook, League of California Cities, 2005, Chapter 4: The Planning Framework (www.ca-ilg.org/pch4)
- California Public Resources Code Section 21000 and following (accessible from www.leginfo.ca.gov/calaw.html)