Notice of Determination

Notice of Determination

Postby zrh2103 » Wed Mar 08, 2017 7:44 am

what is the definition of Notice of Determination?

David defined it as "A brief notice to be filed by a public agency after it approves or determines to carry out a project subject to the requirements of CEQA", which was how CEQA defines it. David further explained in his flashcard "It is filed once a decision has been reached on the project, either approval or disapproval of the Negative Declaration or final EIR."

From what I read, a Notice of Determination is only a notice of approval. But the notice form conflicts itself, it has a approval language and also has disapproval language.

http://resources.ca.gov/ceqa/flowchart/NODloclead.html
https://www.opr.ca.gov/docs/NOD.pdf

please help me to get a grasp of it.
thank you
zrh2103
 
Posts: 129
Joined: Thu Sep 12, 2013 9:20 pm

Re: Notice of Determination

Postby Coach » Wed Mar 08, 2017 4:50 pm

zrh2103 wrote:also has disapproval language.

Where?
User avatar
Coach
Site Admin
 
Posts: 13249
Joined: Wed May 23, 2012 2:08 am

Re: Notice of Determination

Postby zrh2103 » Wed Mar 08, 2017 10:06 pm

Coach wrote:
zrh2103 wrote:also has disapproval language.

Where?



how can an agency approves a project and check the box states that the project will have a significant effect on the environment?

I dont understand the form.


This is to advise that the ____________________________________________ has approved the above
( Lead Agency or Responsible Agency)
described project on _______________ and has made the following determinations regarding the above
(date)
described project.
1. The project [ will or will not] have a significant effect on the environment.
2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures [ were or were not] made a condition of the approval of the project.
4. A mitigation reporting or monitoring plan [ was or was not] adopted for this project.
5. A statement of Overriding Considerations [ was or was not] adopted for this project.
6. Findings [ were or were not] made pursuant to the provisions of CEQA.
zrh2103
 
Posts: 129
Joined: Thu Sep 12, 2013 9:20 pm

Re: Notice of Determination

Postby Coach » Thu Mar 09, 2017 4:06 am

Mitigation.
User avatar
Coach
Site Admin
 
Posts: 13249
Joined: Wed May 23, 2012 2:08 am

Re: Notice of Determination

Postby zrh2103 » Thu Mar 09, 2017 5:40 am

Coach wrote:Mitigation.



Does Notice of Determination determine approval and disapproval then ?
zrh2103
 
Posts: 129
Joined: Thu Sep 12, 2013 9:20 pm

Re: Notice of Determination

Postby zrh2103 » Thu Mar 09, 2017 6:20 am

Coach wrote:Mitigation.



Does that also means NOD will be used twice is the process, once after initial study and second time to determine if the agency approves or disapproves the EIR or MND?
zrh2103
 
Posts: 129
Joined: Thu Sep 12, 2013 9:20 pm

Re: Notice of Determination

Postby zrh2103 » Sat Mar 11, 2017 8:52 pm

zrh2103
 
Posts: 129
Joined: Thu Sep 12, 2013 9:20 pm


Return to CALIFORNIA SUPPLEMENTAL EXAM

Who is online

Users browsing this forum: No registered users and 42 guests

cron