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§ 15072. Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration.

14 CA ADC § 15072Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 14. Natural Resources
Division 6. Resources Agency
Chapter 3. Guidelines for Implementation of the California Environmental Quality Act (Refs & Annos)
Article 6. Negative Declaration Process
14 CCR § 15072
§ 15072. Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration.
(a) A lead agency shall provide a notice of intent to adopt a negative declaration or mitigated negative declaration to the public, responsible agencies, trustee agencies, and the county clerk of each county within which the proposed project is located, sufficiently prior to adoption by the lead agency of the negative declaration or mitigated negative declaration to allow the public and agencies the review period provided under Section 15105.
(b) The lead agency shall mail a notice of intent to adopt a negative declaration or mitigated negative declaration to the last known name and address of all organizations and individuals who have previously requested such notice in writing and shall also give notice of intent to adopt a negative declaration or mitigated negative declaration by at least one of the following procedures to allow the public the review period provided under Section 15105:
(1) Publication at least one time by the lead agency in a newspaper of general circulation in the area affected by the proposed project. If more than one area is affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas.
(2) Posting of notice by the lead agency on and off site in the area where the project is to be located.
(3) Direct mailing to the owners and occupants of property contiguous to the project. Owners of such property shall be identified as shown on the latest equalized assessment roll.
(c) The alternatives for providing notice specified in subdivision (b) shall not preclude a lead agency from providing additional notice by other means if the agency so desires, nor shall the requirements of this section preclude a lead agency from providing the public notice at the same time and in the same manner as public notice required by any other laws for the project.
(d) The county clerk of each county within which the proposed project is located shall post such notices in the office of the county clerk within 24 hours of receipt for a period of at least 20 days.
(e) For a project of statewide, regional, or areawide significance, the lead agency shall also provide notice to transportation planning agencies and public agencies which have transportation facilities within their jurisdictions which could be affected by the project as specified in Section 21092.4(a) of the Public Resources Code. “Transportation facilities” includes: major local arterials and public transit within five miles of the project site and freeways, highways and rail transit service within 10 miles of the project site. The lead agency should also consult with public transit agencies with facilities within one-half mile of the proposed project.
(f) If the United States Department of Defense or any branch of the United States Armed Forces has given a lead agency written notification of the specific boundaries of a low-level flight path, military impact zone, or special use airspace and provided the lead agency with written notification of the military contact office and address for the military service pursuant to subdivision (b) of Section 15190.5, then the lead agency shall include the specified military contact office in the list of organizations and individuals receiving a notice of intent to adopt a negative declaration or a mitigated negative declaration pursuant to this section for projects that meet the criteria set forth in subdivision (c) of Section 15190.5. The lead agency shall send the specified military contact office such notice of intent sufficiently prior to adoption by the lead agency of the negative declaration or mitigated negative declaration to allow the military service the review period provided under Section 15105.
(g) A notice of intent to adopt a negative declaration or mitigated negative declaration shall specify the following:
(1) A brief description of the proposed project and its location.
(2) The starting and ending dates for the review period during which the lead agency will receive comments on the proposed negative declaration or mitigated negative declaration. This shall include starting and ending dates for the review period. If the review period has been is shortened pursuant to Section 15105, the notice shall include a statement to that effect.
(3) The date, time, and place of any scheduled public meetings or hearings to be held by the lead agency on the proposed project, when known to the lead agency at the time of notice.
(4) The address or addresses where copies of the proposed negative declaration or mitigated negative declaration including the revisions developed under Section 15070(b) and all documents incorporated by reference in the proposed negative declaration or mitigated negative declaration are available for review. This location or locations shall be readily accessible to the public during the lead agency's normal working hours.
(5) The presence of the site on any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to lists of hazardous waste facilities, land designated as hazardous waste property, and hazardous waste disposal sites, and the information in the Hazardous Waste and Substances Statement required under subdivision (f) of that section.
(6) Other information specifically required by statute or regulation for a particular project or type of project.

Credits

Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21091, 21092, 21092.2, 21092.4, 21092.3, 21092.6, 21098 and 21151.8, Public Resources Code.
History
1. Amendment of subsections (a), (a)(3) and Note filed 8-19-94; operative 9-19-94 (Register 94, No. 33).
2. Amendment of section heading, section and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
3. Change without regulatory effect amending subsections (c) and (f)(5) and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
4. New subsection (f), subsection relettering and amendment of Note filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
5. Amendment of subsections (e) and (g)(4) filed 12-28-2018; operative 12-28-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 52).
6. Governor Newsom issued Executive Order N-54-20 (2019 CA EO 54-20), dated April 22, 2020, which suspended the public notice and access requirements for projects exempt from California Environmental Quality Act review, due to the COVID-19 pandemic.
7. Governor Newsom issued Executive Order N-80-20 (2019 CA EO 80-20), dated September 23, 2020, which extended certain provisions from Executive Order N-54-20, relating to the conditional suspension of certain California Environmental Quality Act review requirements, due to the COVID-19 pandemic.
This database is current through 1/13/23 Register 2023, No. 2.
Cal. Admin. Code tit. 14, § 15072, 14 CA ADC § 15072
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