15070. DECISION TO PREPARE A NEGATIVE OR MITIGATED NEGATIVE DECLARATION

A public agency shall prepare or have prepared a proposed negative declaration or mitigated negative declaration for a project subject to CEQA when:

• (a) The initial study shows that there is no substantial evidence, in light of the whole record before the agency, that the project may have a significant effect on the environment, or

• (b) The initial study identifies potentially significant effects, but:

  • (1) Revisions in the project plans or proposals made by, or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and

  • (2) There is no substantial evidence, in light of the whole record before the agency, that the project as revised may have a significant effect on the environment.

Note: Authority cited: Section 21083, Public Resources Code; Reference: Sections 21064, 21064.5, 21080 (c) , and 21082.1, Public Resources Code; Friends of B Street v. City of Hayward (1980) 106 Cal.App.3d 988; Running Fence Corp. v. Superior Court (1975) 51 Cal.App.3d 400.