VII. - Negative Declaration

A Negative Declaration (N.D.) is a written statement by the County briefly describing reasons that a proposed project, not exempt from CEQA, will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report.

A. Decision to Prepare a Negative Declaration (15070). A proposed negative declaration shall be prepared for a project when either: (a) The initial study shows that there is no substantial evidence that the project may have a significant effect on the environment, or (b) The initial study identifies potentially significant effects but:

1. Revisions or redesign of the project plans or proposals made by or agreed to by the applicant before the proposed negative declaration is 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 before the agency that the project as revised may have a significant effect on the environment.

B. Negative Declarations (other concepts).

3. A negative declaration also includes the concept of the so called "Mitigated Negative Declaration" according to CEQA (1984). However, CEQA omits the word "mitigated," the idea behind this change being that a Mitigated Negative Declaration is not intended to be a new kind of document. It is merely a negative declaration prepared in a slightly different situation. Nonetheless, Mono County has the option of allowing applicants to modify their projects so that environmental staff can make a finding that the project would not have a significant effect on the environment, as proposed.

C. Public Notices (15072). Notice that the County proposes to adopt a negative declaration shall be provided to the public within ten (10) days prior to the public hearing and adoption of the proposed negative declaration. The County shall give notice of the proposed negative declaration to all organizations and individuals who have previously requested such notice through publication at least one time in a newspaper of general circulation in the area affected by the proposed project.

D. Public Review of Negative Declaration (15073). The ten (10) day review period will provide members of the public with sufficient time to respond in the public hearing to the proposed finding before the negative declaration is approved. A copy of the notice with the proposed negative declaration shall be sent to every responsible agency and trustee agency concerned with the project and every other public agency with jurisdiction by law over resources affected by the project. In cases where a Negative Declaration is submitted to the State Clearinghouse for review by State agencies, the public review period shall be not less than thirty days unless a shorter period is approved by the State Clearinghouse.

E. Appeal Process. Any person dissatisfied with the decision of the lead agency may file an appeal with the Clerk of the Board of Supervisors to be received within fourteen (14) calendar days after the decision. Appeals shall be filed at the Bridgeport Office and shall include a nonrefundable filing fee in an amount prescribed by resolution of the Board of Supervisors.