A. Draft Negative Declaration. A draft negative declaration shall be prepared for a project subject to CEQA when the initial study shows that there is no substantial evidence of a fair argument that the project may have a significant effect on the environment.
B. Draft Mitigated Negative Declaration. A draft mitigated negative declaration shall be prepared for a project subject to CEQA when the initial study identifies potentially significant effects, but:
1. Revisions to the project plans or proposals made by or agreed to by the applicant before the proposed mitigated negative declaration is released for public review would avoid or mitigate adverse effects to a point where clearly no significant impact would occur; and
2. There is no substantial evidence of a fair argument before the department that the project as revised may have a significant effect on the environment.
(Ord. 2067, Ord. 2364 §38)