The lead department shall be responsible for the preparation of a negative declaration. A negative declaration shall be prepared when:
A.
The initial study shows that there is no substantial evidence that the project may have a significant effect on the environment; or
B.
The initial study identifies potentially significant effects, but the project has been revised before the release of the proposed negative declaration to mitigate the impacts to a less than significant level, or the applicant has agreed to specific mitigation measures and there is no substantial evidence that the project as revised may have a significant environmental effect. All such project revisions shall be made prior to public notice of the availability of the proposed negative declaration, and shall be clearly identified in the project description set forth in the proposed negative declaration.
C.
The Initial Study identifies potentially significant effects but the project has been included in a previously certified EIR whereby mitigation measures adopted as part of the certified EIR will be included as part of a Mitigated Negative Declaration.
(Prior code § 31.510)