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negative declaration or mitigated negative declaration together with any comments <br /> received during the public review process. The decision making body shall adopt the <br /> proposed negative declaration or mitigated negative declaration only if it finds on the <br /> basis of the whole record before it(including the initial study and any comments <br /> received), that there is no substantial evidence that the project will have a significant <br /> effect on the environment and that the negative declaration or mitigated negative <br /> declaration reflects the lead agency's independent judgment and analysis. <br /> Statement of Fact: The County finds that it has considered the proposed Mitigated <br /> Negative Declaration and comments received. The proposed Mitigated Negative <br /> Declaration reflects the County's independent judgment and analysis. <br /> The County finds that the 1994 Master EIR is adequate for use by the County for the <br /> Neighborhood F Project. The County finds that there are no substantial changes with <br /> respect to the circumstances under which the 1994 Master EIR was certified and/or that <br /> there is no new available information which was not known and could not have been <br /> known at the time the 1994 Master EIR was certified. The County finds that earlier <br /> mitigated negative declarations based on the 1994 Master EIR, including the mitigated <br /> negative declaration prepared and certified for the wastewater use permit, addressed and <br /> mitigated some of the environmental effects raised by the comments. <br /> The County finds that, based upon the record of this proceeding,that there is no <br /> substantial evidence that the Neighborhood F Project will have a significant <br /> environmental effect on the environment. In making this finding the County finds that <br /> the comments received did not contain evidence that: (a)there are significant <br /> environmental effects that were not addressed by the 1994 Master EIR; (b) significant <br /> environmental effects addressed in the 1994 Master EIR are substantially more severe; <br /> (c) mitigation measures or alternatives that were found to be infeasible in the 1994 <br /> Master EIR are now feasible; or, (d)there are mitigation measures or alternatives that are <br /> considerably different that the mitigation measures or alternatives discussed in the 1994 <br /> Master EIR that would substantially lessen or reduce one or more significant <br /> environmental effects. <br /> The County finds that, based upon the record of this proceeding, there is not a fair <br /> argument based upon substantial evidence that the Neighborhood F Project may have a <br /> significant environmental effect that has not been mitigated in either the 1994 Master EIR <br /> or Mitigated Negative Declaration. In making this finding the County finds that the <br /> comments did not raise significant environmental effects that were not addressed in the <br /> 1994 Master EIR. In the alternative, if it is determined that the comments raised <br /> significant environmental effects that were not addressed in the 1994 Master EIR,then <br /> mitigation measures imposed by the Mitigated Negative Declaration reduce such <br /> environmental effects to less than significant. <br /> The County finds that Mitigated Negative Declaration contains a mitigation monitoring <br /> program as required by the California Environmental Quality Act. <br /> 32 <br />