3.2.1

Introduction to Preparing Negative Declarations

According to CEQA Statutes Section 21064, a Negative Declaration is a "written statement briefly describing the reasons that a project will not have a significant effect on the environment and does not require the preparation of an environmental impact report."

A Negative Declaration is a document that describes the proposed project, presents the findings, and states the reasons why the decision maker has concluded that there will be no significant effect. A completed Initial Study must be attached to a Negative Declaration to support the determination of no significant effect.

3.2.2

Negative Declaration Format and Content

The required contents of a Negative Declaration circulated for public review are as follows (See CEQA Guidelines Section 15071)

A brief description of the project, including a commonly used name for the project, if any;

The location of the project, preferably shown on a map, and the name of the project proponent;

A proposed finding that the project will not have a significant effect on the environment;

An attached copy of the Initial Study documenting reasons to support the finding; and

Mitigation measures, if any, included in the project to avoid potentially significant effects. (See UC CEQA Handbook Section 3.2.3 for Mitigated Negative Declarations)

University of California Negative Declarations include the information above, in the following format:

Project Description for Negative Declaration

The project description should describe the type of facility or project proposed. Refer to UC CEQA Handbook Section 3.3.4 for a detailed discussion of information that is generally included in the project description. This information may be described very briefly in a project description for a Negative Declaration.

Project Location

The location of the project should be described and preferably shown on one or more maps that depict the project in relation to its regional, campus and site location.

Determination

The Determination section states that the proposed project would not have a significant effect on the environment. A list of supporting reasons should follow the determination, summarizing the Initial Study and indicating that all environmental issue areas have been considered, as described in the attached Initial Study.

Initial Study

A copy of the Initial Study should be attached to the Negative Declaration to document reasons for the determination of no significant effect.

3.2.3

Mitigated Negative Declaration

A Mitigated Negative Declaration is appropriate when an Initial Study has been prepared and a determination can be made that no significant environmental effects will occur because revisions to the project have been made or mitigation measures will be implemented which will reduce all potentially significant impacts to less than significant levels.

The content of the Mitigated Negative Declaration is the same as a Negative Declaration, with the addition of identified mitigation measures and a Mitigation Monitoring Program.

Mitigation Measures

Any mitigation measures included in the project to avoid potentially significant environmental effects should be identified. A Mitigation Monitoring Program for these measures must be adopted at the time the Mitigated Negative Declaration is approved. The campus may choose to add mitigation measures that would further reduce less than significant impacts, but CEQA does not require that these measures be monitored (See Chapter 5 of the UC CEQA Handbook).

An appropriate representative of the University of California should sign the Mitigated Negative Declaration.

See UC CEQA Handbook Section 2.2.3 for a discussion regarding comments received on a Negative Declaration.