Consideration & Approval
of Negative Declaration by Lead Agency

Consideration & Approval of Negative Declaration by Decision Making Body

1. Consideration of negative declaration prior to approval

Prior to approving a project, the decision-making body shall consider the proposed negative declaration or mitigated negative declaration together with any comments received during the public review process.

2. Standard

The decision-making body can adopt the negative declaration only if it finds there is no substantial evidence that the project will have a significant effect on the environment.

3. The Record

The lead agency is to specify the location of the documents and materials consituting the record.

4. Mitigation Monitoring and Reporting

When adopting a mitigated negative declaration, the lead agency must also adopt a program for reporting or monitoring the changes it has required or made conditional on approval.

Statutory References

Adoption of Negative Declaration | Public Resources Code §21080(c)
Mitigation Monitoring Program | Public Resources Code §21081.6
Preparation of Negative Declaration | Public Resources Code §21082.1


Guideline References

Consideration & Adoption of Negative Declaration | 14 Cal. Code of Regs. §15074


Selected Cases

Friends of B Street v. City of Hayward (1980) 106 Cal.App.3d 988
Gentry v. City of Murrieta (1995) 36 Cal.App.4th 1359
Friends of La Vina v. County of Los Angeles (1991) 232 Cal.App.3d 1446 988