Lead agency gives public notice of availability of Negative
Declaration

Who Receives Notice
  • the public (publication, posting, direct mailing to nearby property owners)
  • responsible and trustee agencies
  • county clerk

Contents of Notice

  • description of proposed project and location
  • public review period
  • date/time/place of public hearing
  • address where copies of proposed neg dec are available for review
  • other (See Guidelines §15072)

Public Review Period

Usually, the public review period is 20 days. If the project requires submittal of the negative declaration to the State Clearninghouse (for review by state agencies) the public review period may be 30 days.

Statutory References

Public review of draft ND | Public Resources Code §21091
Public notice prior to adoption | Public Resources Code §21092
Requests to receive notice | Public Resources Code §21092.2
Posting of notices | Public Resources Code §21092.3
Responding to comments | Public Resources Code §21092.5


Guideline References

Notice of intent to adopt a ND | 14 California Code of Regulations §15072
Public review | 14 California Code of Regulations §15073
Public review | 14 California Code of Regulations §15105


Selected Cases

Plaggmier v. City of San Jose (1980) 101 Cal.App.3d 842
Gentry v. City of Murrieta (1995) 36 Cal.App.4th 1359