Chapter 7.25
NEGATIVE DECLARATIONS
Sections:
7.25.030 Contents of a negative declaration.
7.25.040 Notice of preparation.
7.25.060 Filing and consideration.
7.25.070 Notice of determination.
7.25.010 General.
A negative declaration shall be prepared for a project which could potentially have a significant effect on the environment, but which the board of directors finds on the basis of an initial study will not have a significant effect on the environment. (Ord. 8 Art. 6 § 1, 1977)
7.25.020 Consultation.
When more than one public agency will be involved in undertaking or approving a project, the district engineer shall, before completing a negative declaration, consult with all such other agencies. The district engineer shall also consult with and obtain comments from other public agencies having jurisdiction by law, and shall consult with persons having special expertise. If the public agency or person consulted fails to comment within a reasonable time, it shall be assumed, absent a request for a specific extension, that such agency or person has no comment to make. (Ord. 8 Art. 6 § 2, 1977)
7.25.030 Contents of a negative declaration.
A negative declaration shall include:
A. A brief description of the project, including a commonly used name for the project, if any.
B. The location of the project and the name of the project proponent.
C. A finding that the project will not have a significant effect on the environment.
D. An attached copy of the initial study documenting reasons to support the finding.
E. Mitigation measures, if any, included in the project to avoid potentially significant effects. (Ord. 8 Art. 6 § 3, 1977)
7.25.040 Notice of preparation.
Notice of the preparation of a negative declaration shall be provided to the public not less than 10 days prior to final adoption of the negative declaration by publication in a newspaper of general circulation in the district pursuant to the requirements of Cal. Gov’t Code § 6060. (Ord. 8 Art. 6 § 4, 1977)
7.25.050 Initial study.
The initial study shall be attached to and become part of the negative declaration. It shall contain a statement of the particular circumstances or conditions upon which the determination is made. (Ord. 8 Art. 6 § 5, 1977)
7.25.060 Filing and consideration.
In addition to any other posting or notice required in this chapter, the negative declaration and initial study shall be filed with the clerk of the county of Monterey.
The negative declaration shall be filed with and considered as part of the determination of any reviewing body in approving, approving subject to conditions, or disapproving any project. (Ord. 8 Art. 6 §§ 6, 7, 1977)
7.25.070 Notice of determination.
After a decision is made to carry out or approve a project for which a negative declaration has been prepared, a notice of determination, with a copy of the negative declaration attached, shall be filed with the county clerk of Monterey County. The filing of the notice of determination with the county clerk starts a 30-day statute of limitations on court challenges to the approval under CEQA.
The notice of determination shall include:
A. The decision of the district to approve or disapprove the project;
B. The determination of the district whether the project will have a significant effect on the environment; and
C. A statement that no EIR has been prepared pursuant to the provisions of CEQA.
The notice of final determination shall be filed with the clerk of the county of Monterey and, if the project required discretionary approval from a state agency, also with the Secretary for Resources. (Ord. 8 Art. 6 § 8, 1977)