CEQA: Housing Element and Zoning Code Updates


The Draft Initial Study/Mitigated Negative Declaration (IS/MND) for the proposed 2023-2031 Housing Element and Zoning Code Updates Project is now available! 


The public review period will start on Friday, May 10, 2024, and extend through Monday, June 10, 2024.

Written comments must be sent to the Town of Atherton/Attn: Brittany Bendix, Consulting Town Planner, 80 Fair Oaks Lane, Atherton, CA 94027 or via email bbendix@ci.atherton.ca.us

Comments must be received on or before Monday, June 10, 2024


Draft IS/MND and Technical Studies:


FAQs to Help Follow the CEQA Process


What is an Initial Study (IS)?

An initial study is a preliminary analysis prepared by a lead agency (in this case, the Town) to determine whether a project has a significant effect on the environment, per CEQA.[1] The key components of an Initial Study include a description of the project, the environmental and regulatory setting and identification of any environmental effects typically provided as a checklist or matrix.

What is the purpose of an Initial Study (IS)?

The purpose of an initial study is to provide the lead agency with information to use as the basis for deciding whether to prepare a Negative Declaration, Mitigated Negative Declaration or an Environmental Impact Report (EIR).

  • Negative Declaration (ND). If the lead agency determines that there is no substantial evidence that the project may have a significant effect on the environment, the lead agency will prepare a negative declaration.
  • Mitigated Negative Declaration (MND). If the lead agency determines that the project may have a significant effect on the environment, but that revisions to the project would avoid or mitigate the effects to a point where clearly no significant effect on the environment would occur, then the lead agency will prepare a mitigated negative declaration.
  • Environmental Impact Report (EIR). If the lead agency determines there is substantial evidence that the project may have a significant effect on the environment, the lead agency will prepare an environmental impact report.

What is an Initial Study/Mitigated Negative Declaration (IS/MND)?

An IS/MND is an initial study that includes analysis to support a determination that with applied mitigation measures any potentially significant environmental impacts relating to the project are mitigated to less than significant.

How is an Initial Study/Mitigated Negative Declaration (IS/MND) organized?

An IS/MND provides a detailed project description and analyzes a variety of environmental factors (air quality, noise, transportation, etc.) that are potentially affected by the project. The state’s Environmental Checklist Form[2] provides a list of factors and related issues for evaluation. Additional analysis required to support the findings of significance include a description of the environmental setting, regulatory framework, and any additional technical studies or information used to make a determination.

What is the public review period?

State law requires a 30-day public review period for certain projects that may require review by state agencies. During the public review period an IS/MND will be distributed to interested or involved public agencies, organizations, and private individuals. A notice of the public review period will be provided to the State’s Clearinghouse, posted with the County clerk, published in a local newspaper, and directly mailed to all owners and occupants within the project area (the entire Town and 500-feet from the Town’s boundaries).

During the public review period, interested parties have the opportunity to provide written comments on the information contained within the IS/MND.

What should public comments include?

The CEQA Guidelines[3] suggest that persons and public agencies should focus on the sufficiency of the document (IS/MND) in identifying and analyzing the possible impacts on the environment and ways in which the significant effects of the project might be avoided or mitigated. Comments are most helpful when they suggest additional specific alternatives or mitigation measures that would provide better ways to avoid or mitigate the significant environmental effects. If persons and public agencies believe that the project may have a significant effect, they should (1) identify the specific effect, (2) explain why they believe the effect would occur, and (3) explain why they believe the effect would be significant. Submittal of data or references offering facts, reasonable assumptions based on facts or expert opinion supported by facts in support of comments are also recommended.

Comments on the IS/MND should be submitted in writing and received prior to the end of the 30-day public review period. Directions on how to submit comments are provided at the top of this webpage, in the public notice and in the IS/MND.

What happens after the IS/MND public comment period?

After the public comment period the lead agency will review all received comments on the IS/MND and determine next steps. Potential outcomes could include:

  1. Moving forward with the consideration and adoption of the MND by the decision-making body of the lead agency. This consideration would include an analysis of comments received during the public review process.
  2. Recirculation of the IS/MND through another public comment period. This is required by the state if after review of the public comments, the lead agency determines that substantial revisions[4] to the IS/MND are necessary.
  3. Elevation of the analysis to an EIR. If the lead agency determines that the public comment period identified impacts that are not able to be mitigated through revisions to the project or mitigation measures, then the CEQA analysis will elevate to an EIR and further review or notification will be necessary.


[1] CEQA Guidelines Section 15063

[2] CEQA Guidelines Appendix G

[3] CEQA Guidelines Section 15204

[4] CEQA Guidelines Section 15073.5(b)