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A Negative Declaration — or Neg Dec for short — is basically a document that says that the project will have no adverse effect.
In an unpublished opinion, the California Court of Appeal reversed a trial court decision that upheld a negative declaration prepared pursuant to the California Environmental Quality Act (CEQA) for the Highland Park Transit Village Project in Los Angeles, a residential development composed of 20 condominiums and a 50-unit building for affordable housing.
While state law requires environmental impact statements to be compiled before some large developments can proceed, the city was able to avoid such a study in February when the Industrial Development Agency issued what is known as a negative declaration, in effect saying there was no possibility that a planned project would have a significant negative effect on the area.
The Land Trust made a decision that their project only needed a limited review and requested a Negative Declaration.
A Negative Declaration from the city would mean there is no negative impact on the surrounding land.
The group says the state has violated the California Environmental Quality Act by not submitting either a negative declaration of a project's impact or an environmental impact report.
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The documents for the restoration project include a mitigated negative declaration, which declares that the project will not have significant environmental impacts.
A Mitigated Negative Declaration is a study that determines the impact of the project.
The Bolsa Chica Land Trust sued the city later in 2010, claiming it should have prepared an environmental impact report rather than a mitigated negative declaration determining the project wouldn't have a significant impact on the environment.
Brandt is a member of the grass-roots group Save Our Fields, which sued the city of Huntington Beach in December 2012 for allegedly having a bias when it passed the development project in November 2012 and for filing a mitigated negative declaration instead of an environmental impact report.
Unfortunately, the organization chose to present its plans in a brief document known as a Mitigated Negative Declaration.
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