California Real Estate SalespersonProperty Ownership and Land Use ControlsHard
A city's environmental review determines that a proposed 20-unit infill housing project will have no significant effect on the environment based on an initial study. Under CEQA, what document should the city prepare?
- AA Negative Declaration
- BAn Environmental Impact Report (EIR)
- CA Statement of Overriding Considerations
- DA Notice of Exemption only
Show answer & explanationAnswer & explanation
Correct answer: A. A Negative Declaration
When an initial study shows a project will not have a significant environmental effect, CEQA requires the lead agency to prepare a Negative Declaration rather than the more extensive EIR, which is reserved for projects with potentially significant impacts.
Why the other options are wrong
- B. An EIR is required only when the initial study reveals potentially significant environmental impacts.
- C. A Statement of Overriding Considerations is used only when an EIR identifies significant unavoidable impacts that the agency approves anyway.
- D. A Notice of Exemption applies to projects categorically or statutorily exempt from CEQA review entirely, not ones that underwent an initial study.
Negative Declaration (CEQA)
A CEQA document stating that a project, after initial study, will not have a significant effect on the environment, thereby avoiding the need for a full EIR.
- Follows an initial study finding no significant impact
- Less costly and time-consuming than an EIR
- A 'mitigated negative declaration' is used if minor impacts can be mitigated below significance
Memory trick: No harm found? Say 'Neg Dec' and move on.