Negative Declaration Process for CEQA Compliance in the City of Richmond

Negative Declaration Process for CEQA Compliance in the City of Richmond

The Negative Declaration process, as defined under the California Environmental Quality Act (CEQA), is essential for projects that are determined not to have a significant adverse environmental impact. This section outlines the steps the City of Richmond follows to prepare, review, and adopt a Negative Declaration (ND) or Mitigated Negative Declaration (MND), which ensures compliance with environmental laws while streamlining project approval.

1. Preparation of a Draft Negative Declaration (ND)

Once the City of Richmond’s staff planner determines that a project will not significantly impact the environment, a Draft Negative Declaration (ND) is prepared. This is done in accordance with CEQA Guidelines Section 15071, which requires a clear explanation of why the project is not expected to have significant environmental effects.

2. Revisions to the Project and ND

During the review process, if revisions to the project are proposed, these changes are compared against the original project and environmental review to determine whether new mitigation measures or alterations to the ND are necessary. Any changes to the project description intended to mitigate environmental impacts must be completed before the Draft ND is released for public review, in line with Section 15070(b)(1) of the Guidelines.

3. Notice of Intent (NOI) to Adopt a Negative Declaration

A. Public Review Period

The City must provide a public review period for the Draft ND, as required by Section 15105 of the CEQA Guidelines. This period must last no less than 20 days, or 30 days if the document is submitted to the State Clearinghouse for review by state agencies.

B. Contents of the NOI

The Notice of Intent (NOI) to adopt a ND must include the following elements:

1. A brief description of the proposed project.
2. The start and end dates for the public review period.
3. Information about any scheduled public meetings or hearings.
4. Locations where the Draft ND and related documents can be reviewed by the public.
5. A statement indicating if the project site is listed as a hazardous waste site, in accordance with Section 65962.5 of the Government Code.
6. Any additional information required by law for the specific project.

C. Recipients of the NOI

The NOI must be distributed to various stakeholders, including:

1. Individuals and organizations that have requested notifications.
2. Responsible and trustee agencies, such as state and local entities with jurisdiction over natural resources.
3. Public agencies that have a role in the project’s approval process.
4. The State Clearinghouse, if state agency review is involved.
5. The Association of Bay Area Governments (ABAG) if the project has regional or statewide significance.
6. Commenting agencies and any public agency that provided comments on the proposed ND.
7. Individuals who request a copy of the NOI.
8. Local neighborhood councils, the Richmond Neighborhood Coordinating Council, and nearby public libraries.
9. The County Clerk and the Richmond Planning Department.
10. Property owners and occupants adjacent to the project site, as well as those listed on the latest equalized assessment roll.

D. Public Hearings

The Planning Director may opt to hold a public hearing during the review period for the Draft ND. This hearing is designed to collect public input and ensure transparency in the environmental review process.

4. Completing the Negative Declaration

A. No Comments Received

If no comments are submitted during the public review period (20 days or 30 days for State Clearinghouse review), the ND is considered complete and ready for approval.

B. Comments Received

If comments are received during the review period, the Planning Director will review them within 30 days of the period’s closure. After considering the comments, the Planning Director can make one of the following determinations:

1. Environmental Impact Report (EIR) Required: If the comments argue, with substantial evidence, that the project may have significant environmental impacts or that there is substantial public controversy, the preparation of an EIR may be required.
2. Negative Declaration Accepted: If the comments do not justify the need for an EIR, the Planning Director may accept the ND as complete. Minor revisions to the ND or Initial Study can be made to address the comments, but these revisions must not be substantial.
3. Recirculation of ND: If the comments lead to significant changes in the project description or new mitigation measures are required, the ND must be recirculated for another round of public review, following the process outlined in Section 15073.5.

C. Notification to the Applicant

Once a determination is made, the Planning Director must notify the project applicant of whether an EIR is required, whether the ND is accepted as complete, or whether the ND will be recirculated for further review.

5. Approval of the Negative Declaration or Mitigated Negative Declaration

The final decision on whether to approve a project with an ND or MND rests with the City Council or Planning Commission. The decision-making body must review and consider the ND or MND, along with the associated Mitigation Monitoring Program (if applicable), before giving final approval. In cases where a conflict arises between the advisory or decision-making bodies, the City Council will make the final determination.

6. Appeals

If a party disagrees with the decision to approve a ND or MND, they may file an appeal in accordance with Section 11 of the CEQA Guidelines.

7. Timely Compliance

The ND must be completed and adopted within 180 days of the project application being deemed complete, as per Section 15107 of the Guidelines. There are some exceptions to this deadline, including:

1. Unreasonable Delays by Applicant: The timeline may be extended if the applicant causes unreasonable delays in providing necessary information.
2. Projects Subject to NEPA: Projects also subject to the National Environmental Policy Act (NEPA) may have different time frames.
3. Other Applications with No Statutory Deadlines: Some projects requiring other approvals, such as annexations, may not adhere to the 180-day limit.
4. Time Extensions: The applicant can request an extension of up to six months under certain circumstances, as allowed by Sections 21100.2 and 21151.5 of the Public Resources Code.

8. Notice of Determination (NOD)

Once the final decision-making body approves a project for which a ND, MND, EIR, or other applicable environmental document has been prepared, the City’s staff planner must file a Notice of Determination (NOD) with the county clerk within five calendar days. This NOD serves as the official record of the City’s compliance with CEQA. The applicant is responsible for filing the NOD with the county clerk and paying any associated fees, including Department of Fish and Wildlife fees if required. If state agencies are involved, the City will also file the NOD with the Office of Planning and Research (OPR) in the State Clearinghouse.

Until the NOD is filed, the project cannot be considered operative, vested, or final. The City is encouraged to post NODs on its website for public access.These steps ensure that the City of Richmond adheres to the requirements of CEQA while facilitating public participation and accountability throughout the environmental review process. The ND process provides a streamlined path for project approval when no significant environmental impacts are identified, ensuring that development proceeds responsibly and in accordance with state law.

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