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HomeMy Public PortalAboutResolution - 01-29- 20011128 - Adopting Guidelines Pursu RESOLUTION NO. 0 1-29 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA.REGIONAL OPEN SPACE DISTRICT ADOPTING GUIDELINES PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District adopted Resolution No. 77-22 on May 11, 1977, entitled "A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting Guidelines Pursuant to the California Environmental Quality Act as Amended" and WHEREAS, subsequent amendments to the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA!') and the CEQA Guidelines adopted by the State Resources Agency for the purpose of implementing CEQA("State Guidelines") have made it necessary and appropriate to revise the District's CEQA Guidelines; and THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby adopt the attached "District Guidelines for Implementation of the California Environmental Quality Act", a copy of which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that Resolution No. 77-22 dated May 11, 1977 is hereby repealed in its entirety. RESOLUTION No. 01-29 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on November 28, 2001, at a regular meeting thereof, by the following vote: AYES: P. Siemenz, J. Cytc, D. Lithe, N. Hanko, K. Nitz, L. Ha6zett NOES: none ABSTAIN: none ABSENT: M. Davey ATTEST: APPROVED: Se etary President Board of Directors Board of Directors I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. D' act Clerk DISTRICT GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY AC Adopted on November 28, 2001 SECTION 1. PURPOSE. These District Guidelines are adopted pursuant to Section 21082 of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. (CEQA) and Section 15022 of the State CEQA Guidelines adopted by the State Resources Agency and the State Office of Planning and Research(State CEQA Guidelines) to implement the California Environmental Quality Act. In the event of any conflict between any provision of the District Guidelines and CEQA or the State Guidelines, CEQA and the State Guidelines shall prevail. SECTION 2. ADOPTION OF THE STATE GUIDELINES BY REFERENCE. In accordance with Section 15022 (d) of the State CEQA Guidelines, the Midpeninsula Regional Open Space District hereby adopts the State CEQA Guidelines by reference, as they currently exist and as they may be hereafter amended. Unless otherwise expressly stated herein, no other District action or regulation is required in the evaluation of projects and preparation of environmental documents as required by CEQA, other than to conform to the requirements of CEQA and the State CEQA Guidelines. SECTION 3. GENERAL MANAGER AUTHORITY TO PERFORM CEOA- RELATED FUNCTIONS. The Board of Directors of the District assigns the following functions to General Manager or his or her designee: A. Prior to approving a project which is within his or her authority to approve as the District decision-maker, determining whether a project is statutorily or categorically exempt from CEQA. The District's Board of Directors shall be notified that such a determination has been made by receipt of a copy of the determination. B. Conducting, or causing to be conducted, an initial study, and determining whether, based upon the conclusions of the initial study, the District shall prepare, or have prepared, a negative declaration, mitigated negative declaration, or environmental impact report. C. Preparing, or causing to be prepared, negative declarations, mitigated negative declarations, and environmental impact reports. D. Preparing, or causing to be prepared, signing, and providing any and all notices and filing all documents required, authorized, or appropriate under CEQA, and determining the appropriate method of providing public notice in compliance with CEQA of actions taken under CEQA. E. Establishing time periods for the circulation for public review of environmental documents in a manner that assures adequate opportunity and time for such review pursuant to CEQA. F. Consulting with and obtaining comments from responsible and trustee agencies, other federal, state, and local agencies, and other interested organizations and persons with regard to the environmental effects of projects as deemed appropriate. G. When the District has received a request for approval of a project sponsored by a person, entity, or agency other than District, determining whether the sponsor's project request has all the information needed to enable the District to consider it; notifying the sponsor in writing of any information required for CEQA purposes to permit the District to make any required CEQA determination; and notifying the sponsor when the District has determined that either(a)the request can be accepted for processing and the environmental review process has begun or(b)the request may not be processed until such time as further progress has been made towards completing the environmental documentation required by the District in order to comply with CEQA. H. When a project is proposed by the District, determining whether the project description and related background information prepared by District staff is sufficient to proceed with environmental review or to make an application complete or to permit the District to make the required CEQA determination and notifying District staff that either(a)the environmental review process has begun or(b)the review process will not begin until such time as further progress has been made towards completing the environmental documentation required in order to comply with CEQA. I. When the District is a Responsible Agency, providing comments and consulting with the Lead Agency as required by CEQA, and when the District is not a Responsible Agency, determining whether and how to comment on environmental documents that are submitted to the District for review or which the District desires to comment upon due to the project's potential impact upon District business or property. I Requesting shortened review periods for environmental documents pursuant to the State CEQA Guidelines. K. When one or more agencies may qualify as the Lead Agency for a particular project, agreeing upon the Lead Agency determination, or, if agreement can not be reached, submitting the matter for determination to the Office of Planning and Research pursuant to the State CEQA Guidelines. 2 L. When an EIR has been certified or a negative declaration adopted for a project, determining whether any subsequent or supplemental EK negative declaration, addendum or other environmental document shall be prepared for the project pursuant to the State Guidelines. M. When the project requires compliance with both CEQA and NEPA, performing similar functions to permit the preparation of joint environmental documents and to fulfill other similar functions required to comply with NEPA. N. Preparing draft findings for the District's Board of Directors or General Manager or his or her designee as appropriate. O. Assuring an adequate opportunity for, and preparing or causing the preparation of, responses to comments from public agencies and interested persons on environmental documents. P. Performing such other functions as may be necessary or appropriate to enable the District to comply with its obligations under CEQA and NEPA. SECTION 4. GENERAL MANAGER AUTHORITY TO ADOPT NEGATIVE DECLARATIONS. The Board of Directors of the District hereby delegates to the General Manager the authority to adopt a negative declaration or mitigated negative declaration and, in the case of a mitigated negative declaration, to adopt a mitigation-monitoring program, prior to approving a District project which is within his or her authority delegated by the District's Board of Directors to approve as the District decision-maker. SECTION 5. CATEGORICAL EXEMPTIONS. The District has determined that the following list of specific District activities are typically the type of projects that fall within the categorical exemptions established by the State CEQA Guidelines, unless, under the particular facts and circumstances of the activity, or due to unusual circumstances, the activity does not qualify for a categorical exemption under the State CEQA Guidelines. These projects include, but are not limited to: (i) Installation, repair, or replacement of signs, fencing, and gates on District lands. (ii) Repair, maintenance, and minor alteration of existing District structures and improvements, including plumbing, mechanical, roofing, electrical, painting, and HVAC projects, with negligible or no expansion of use. (iii) Repair, maintenance, brushing, clearing, paving and paving repairs, installation of small culverts and minor drainage improvements, and other minor alterations of existing District trails and roads with negligible or no expansion of use. 3 (iv) Maintenance of existing native vegetation. (v) Data collection, research, experimental resource management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. (vi) Demolition and removal of individual small structures and improvements. (vii) Minor temporary use of District lands, such as special District events and special permitted events, minor trenching and backfilling where the surface is restored, and minor placement of fill into previously excavated land. (viii) Minor alterations in the condition of District land, water, and vegetation, which do not involve the removal of healthy, mature, scenic trees except for sound forestry or agricultural purposes. This may include grading on land with an average slope of less than 10 percent(except in waterways, wetlands, or riparian areas), and the construction of minor new recreational trails. (ix) Issuance of minor encroachment permits and minor lot line adjustments on lands with an average slope of less than 20 percent and which do not result in any change in land use or density. (x) Acquisition of land for open space purposes where the land is in a natural condition, and acquisition of land for open space purposes to allow restoration or preservation of natural conditions, or to allow continued agricultural use of the area. (xi) Construction or installation of minor structures accessory to existing District facilities such as restrooms, small parking lots, and staging areas. (xii) Replacement or reconstruction of existing District structures and facilities on the same site with the same capacity and purpose. Exceptions: These types of District projects may not be exempt where there is a reasonable possibility that they will have a significant effect on the environment due to unusual circumstances (for example, the project site is a hazardous or toxic waste site) or(for certain types of projects)where the projects may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by a federal, state, or local agency(for example, the project may affect a designated endangered or threatened species on the project site). SECTION 6. NOTICE TO DISTRICT BOARD OF DIRECTORS OF NEGATIVE DECLARATIONS PRQPOSED FOR ADOPTION BY THE GENERAL MANAGER. In any case in which the General Manager is the decision-maker for a project which requires him or her to adopt a negative declaration or mitigated negative declaration, in addition to providing any other notice required by CEQA, the General Manager shall provide each member of the District Board of Directors with a copy of the Notice of Intent to Adopt a Negative Declaration sufficiently prior to adoption of the negative declaration to allow the public review period required by CEQA. Any District Board 4 member may request in writing to the General Manager within 10 days of the date of the Notice of Intent that the determination of whether to adopt a negative declaration be made by the Board of Directors and be agendized at the next available Board meeting for this purpose. In addition, after approval of a negative declaration by the General Manager, in addition to providing any other notice required by CEQA, a copy of the Notice of Determination that a negative declaration has been adopted by the General Manager shall be provided to each Board member. Any Board member within 10 days of the date of the Notice of Determination may request in writing to the General Manager that the determination to adopt a negative declaration be agendized at the next available Board meeting for the Board to approve, disapprove, or modify the General Manager's determination. SECTION 7. PUBLIC HEARINGS. Although CEQA does not require a public hearing to receive public comments upon environmental documents, the District may determine to conduct a public hearing when it would facilitate the purposes and goals of CEQA to do so. The public hearing may be held in conjunction with a public hearing or public meeting held to determine whether or not to carry out or approve a project. SECTION 8. COST RECOVERY. (a) With respect to projects sponsored by a person, entity, or agency other than the District, the District shall prepare an estimate of costs for any required environmental documents or studies needed for the preparation of a Categorical Exemption, Initial Study, Negative Declaration, or EK and for procedures necessary to comply with CEQA, and collect the estimated costs from the sponsor of the project before causing the preparation of such material. The estimated costs shall also include any fee required by law to be paid by the District to the State Department of Fish and Game for its review of an environmental document. At such time as the actual costs for the preparation of such material have been ascertained, the District shall refund to the sponsor any excess funds or collect any deficiency before proceeding further with the project in question. (b) The District may charge and collect from any person, entity, or public agency requesting a copy of an environmental document the actual cost of reproduction of the document. SECTION 9. ELECTRONIC INFORMATION. Whenever possible, environmental documents shall be made available in electronic format on the District's web site. When such documents are voluminous, or when it would be unduly burdensome to post the entire document on the web site, the web site should provide notice of the availability of environmental documents and related public review periods. 5