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Home My Public Portal About20100210 - Resolution - Board of Directors (BOD) Cover Sheet For Scanning By ECS Orieinatina Department General Manager iaserfiche Template Board Of Directors Template Fields Document Date: 2/10/2010 Document Type: Resolution Preserve Name: Keywords (No More Than 4): MND ECDM Parking Trails Project Name: Project Number: Vendor Or Other Party: Name (First): Name (Last): i Address: APN Number: Document No. 10-05 Additional Field: Additional Field: Additional Field: Additional Field: RESOLUTION NO. 10-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING A MITIGATED NEGATIVE DECLARATION INCLUDING A MITIGATION MONITORING PROGRAM IN CONNECTION WITH THE EL CORTE DE MADERA CREEK PARKING/STAGING AREA AND TRAILS PROJECT AT EL CORTE DE MADERA CREEK OPEN SPACE PRESERVE I. The Board of Directors of the Midpeninsula Regional Open Space District(District) is considering an amendment to the Use and Management Plan for El Corte de Madera Creek Open Space Preserve(Preserve)asset forth in Agenda Report R-10-35 (Report) and various actions implementing the amendment("Project"). 11. An Initial Study(IS), attached to the Report, was prepared for the Project pursuant to the requirements of the California Environmental Quality Act(CEQA, Public Resources Code sections 21000 et seq.)and the CEQA Guidelines(14 Cal. Code. Regulations sections 15000 et seq.). III. The IS identified potentially significant adverse effects on the environment from the proposed project but found that mitigation measures proposed for the Project and made a part of the project would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. IV. The IS and a notice of intent to adopt a Mitigated Negative Declaration (MND)were circulated for public review from October 6, 2009 to November 6, 2009. The Mitigation Monitoring Program was included in the Report distributed to the Board and public on February 5, 2010. V. On February 10, 2010 the Board of Directors conducted a duly noticed public hearing on the adequacy of the MND(including the IS)at which oral and written comments and a staff recommendation for approval of the MND were presented to the Board of Directors. The Board of Directors reviewed and considered the information in the IS and MND, administrative record, i and Staff Reports for completeness and compliance with CEQA and the CEQA Guidelines. i NOW, THEREFORE, BE IT RESOLVED by the Board of Directors that, based upon the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, all comments received, and all substantial evidence in light of the whole record presented,the Board of Directors finds that: 1. Notice of the availability of the Initial Study and proposed Mitigated Negative Declaration and all hearings on the MND was given as required by law and the actions were conducted pursuant to California Environmental Quality Act(CEQA)and the CEQA Guidelines. 2. All interested parties desiring to comment on the proposed MND were given the opportunity to submit oral and written comments on the adequacy of the MND prior to this action by the Board of Directors and all comments raised during the public comment period and at the public hearings on the MND were responded to adequately. 3. Prior to approving the Project that is the subject of the proposed MND; the Board has considered the MND along with all comments received during the public review process. 4. The Board finds that the mitigation measures CULT-3 and AESTH-I as drafted are undesirable and should be deleted and substituted with the measures shown below. The measures shown below include the original terms of measures CULT-3 and AESTH-1 with new text highlighted in bold double underline and deleted text shown in bold strikeout. The substitute measures will be more effective in mitigating potential significant effects because(a)as to CULT-3, the new measure provides notification 0o additional experts to assist the District in respondingtou discovery ofhuman remains and, (b)as to AESTH-1, the new measure provides for more trees to be planted to replace any significant trees that need to he removed. Neither the additional notification required by the new CULT-3 nor the additional tree planting required by&ESTB-1 will cause any puhruda||y significant effect onthe environment. The substitute measures are us fb||ovv*: � COL1['3. lf human remains are uncovered during project coustruction, tboDigrictwi|| � immediately bu|t work, contact the San Mateo County Coroner to evaluate the remains, � and follow the procedures and protocols set forth in 8l5064.5(e)of the CB()& Guidelines (California Code of Regulations, Title |4, Division 6, Chapter 3, Sections |50O0'|5387). | The District will immediately notify the California Department of IranWortation Cultural Resource Studies Qffiee,Distr*ct 4 at(510)286-5618. No further disturbance of the site,lht-arsa-wfthon 50 feet o or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has made a determination of origin and disposition, which shall be made within two working days from the time tile Coroner is notified of the discovery, pursuant to State Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. If the remains are determined to be Native American,the Coroner will notify the Native Arnerican Heritage Commission (NAHC) wi/hin 24 hours, which will determine and notify the Most Likely Descendant (MLD). The MLD may recommend within 40 hours of their notification by the N&BC | the means of treating or disposing of, with appropriate dignity, the human remains and ] grove goods. lnthe event of difficulty locating uMCDnr failure of the MLDto make a timely recommendation,the human remains and grave goods shall he reburied with | appropriate dignity on the property in location not subject to further subsurface � disturbance. /\E8lH-1. Replace trees that need k/ be removed, which are both larger than 12 inches in diameter a1 breast height and located within \O8 feet from Skyline Boulevard, a1u5:| � ratio using 15-gallon size redwood trees. Based on field analysis and the survey map prepared for the project, thrce trees have been identified that require | replacement: one Douglas fir and two redwoods noeuyuring36, 20 and 18 inches in diameter at breast height, respectively. The new trees will be incorporated into the landscaping plan for the parking |o/and Vlaccd with*n one-half Luile of the site,no closer than 20 feet from the travel way,and no closer than four(4) feet aboyr.the These measures are required tobe implemented uo part of the project undhnvcbmenioc|udcdintho Mitigation Monitoring Program attached tothis Report. 5. The Board finds that, oil the basis of the v/ho|o record before it, including the K4ND, initial study, and all comments received, that there is no substantial evidence that the Project will have significant effect on the environment. | G. The Board adopts the proposed MND and determines that it reflects the District's independent � judgment and analysis. � 7. The Board adopts the Mitigation Monitoring Program attached to this Report and requires itk/hc implemented uu part o[the Project. 8. The location and Custodian of tile documents or other material which constitute the record of proceedings upon which this decision is based are located atth 11 of the mo/upen/nsum mcg/onu/ Open Space District, 330Dit l Circle, Los Altos, California 9*022 RESOLUTION NO. 10-05 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on February 10, 2010 at a Regular Meeting thereof,by the following vote: AYES: CURT RIFFLE,CECILY HARRIS,JED CYR,MARY DAVEY,PETE SIEMENS NOES: NONE ABSTAIN: I ABSENT: NONETTE HANKO,LARRY HASSETT ATTEST: APPROVED: `1 U ecretary President Board of Directors Board of Directors I, the Interim 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. Interim District Clerk I