HomeMy Public PortalAboutResolution - 74-06- 19740410 - Adopt Guidelines for CEQr
RESOLUTION NO.
74-6
RESOLUTION ADOPTING GUIDELINES PURSUANT
TO CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The Board of Directors of the Midpeninsula
Regional Park District does resolve to adopt those certain
"GUIDELINES AND
PROCEDURES FOR EVALUATION OF
ENVIRONMENTAL IMPACT OF PROJECTS
AND THE PREPARATION OF
ENVIRONMENTAL IMPACT REPORTS
Effective April 10, 1974
of the
MIDPENINSULA REGIONAL PARK DISTRICT,",
a copy of which is affixed hereto and by reference made
a hereof.'
* * * * * * * * * * * * * * * * * *
GUIDELINES AND
PROCEDURES FOR EVALUATION OF
ENVIRONMENTAL IMPACT OF PROJECTS
AND THE PREPARATION OF
ENVIRONMENTAL IMPACT REPORTS
Effective April 10, 1974
of the
MIDPENINSULA REGIONAL PARK DISTRICT
74.5 Distel Drive
Los Altos, California
94022
I.
II. GOALS
CONTENTS
INTRODUCTION 1
2
III. ABBREVIATIONS 3
IV. DEFINITIONS .....
4
• V. REVIEW PROCEDURE -~-THE ENVIRONMENTAL IMPACT ASSESS:- 7
MENT (EIA) t
1. When Required 7-8
2. Purpose , 8
3. Content 8
4. Who Prepares' 8-9
5. Presentation to the Board 9
VI. REVIEW PROCEDURE --NEGATIVE DECLARATION 10
!• VII. THE.ENVIRONMENTAL IMPACT REPORT 12
1. When Required 12.
2. Purpose 13
3. Content 13'
4. Who Prepares l3•
5. Review . Of -Draft EIR '• 13-14
6. Public Hearings i4
7. Decision •.on .Draft EIR .-
14-15
8. Review of Final EIR
15-16.
16
9. Extraordinary Circumstances .•
VIII. RATIFICATION BY BOARD 17
IX. WAIVER 18
X. REVIEW PROCEDURE ---NORMAL PROGRESSION OF EVENTS 19
XI. REIMBURSEMENT OF DISTRICT COSTS FOR PREPARING EIR's 21
I. INTRODUCTION
These guidelines.and procedures.for the evaluation
of proposed projects of Midpeninsula',Regional Park District
and the preparation of environmental impact reports are adopted
pursuant to the provisions of:
1. The California Environmental Quality Act of 1970
as amended contained in Sections 21000 through
•21174 of the Public Resources Code, particularly
Section 21082, and
2. Implementing regulations of the State of California,
Resources Agency entitled Guidelines for Implemen-
tation of the California Environmental Quality Act
of 1970 contained in Chapter 3, Division 6, Title
14 of the California Administrative Code.
The Resources Agency Guidelines are on occasion referred to
in the text of these District guidelines only by the appropriate
section number.
A
II. GOALS
The goals of these guidelines are to assure that the
District's Staff and Board of Directors, prior to approving
or disapproving a proposed project, will be fully and objectively
informed as to any potential environmental impact involved,
the alternatives for reducing any adverse impacts; and the
available alternatives to the project. A further objective
is to enable the District to properly balance envirnomental
objectives and the policies of the State of California set
forth in Section 21001 of CEQA with its own park, economic
and social objectives.
III. ABBREVIATIONS
Abbreviations used in these guidelines are as follows:
Board - -- '.Midpeninsula Regional Park District
Board of Directors
CEQA - - California Environmental Quality
Act of 1970 as amended (State of
California)
District - - Midpeninsula Regional Park District
EIA - Environmental Impact Assessment
EIR - - Environmental Impact Report (under
CEQA)
EIS - - Environmental Impact Statement
(under NEPA)
G/M - - General Manager of the District or
his designee
NEPA •- - National Environmental Protection
Act (federal)
State Guidelines -- - Guidelines for Implementation of
the California Environmental Quality.
Act of 1970, Ch. 3, Div. 6, Title
14, Calif. Adm. Code.
IV. DEFINITIONS.
Definitions of the following words set forth in Sections
15021 through 15040, inclusive, of the State Guidelines are
hereby adopted and referred to for all purposes herein:
Approval (see also Paragraph.1 below)
CEQA
Categorical Exemption
Discretionary Projects
• Emergency
Environment
Environmental Impact Report
•
Environmental Impact Statement
Feasible
Lead Agency
Local Agency
Ministerial Projects
'Negative Declaration
Notice of Completion
Notice of Determination
Person
Project (see also paragraph 5 below)
Public Agency
Responsible Agency
Significant Effect (see also paragraph 6 below)
Subject to the foregoing definitions, and to supplement and
add to same, the following definitions are hereby adopted for
purposes of these guidelines:
1. "Approval". In addition to the matters described in
Section 15021, "approval" shall ordinarily occur on the date that
the Board authorizes action, which if carried out,
irrevocably commit the District to some legal duty
parties that would be breached if, the project were
forward, or, which if carried out, would result in
or implementation of a significant portion of the ultimate proj-
ect. Normally neither the budgeting of funds nor authorization
of financial, scientific or other feasibility studies, preliminary
to commencing the ultimate project, whether by District'sta.ff
or consultants, shall constitute approval (see Section 15072).
2. "Environmental Impact Assessment" (EIA) is a short -form,
somewhat brief report containing a basic description of and the
relevant factors which, together with supporting data, precentS
sufficient information to enable the Board•to determine whether a
given project Ea. have significant effect on the environment for
the purpose of determining whether preparation of an EIR or
Negative Declaration is required. No particular form or format
is prescribed.
3. "Environmental Impact Report"(EIR). See Article 9,
would either
to third
not carried
construction
Sections 15140 through 15146, inclusive, of the State Guidelines.
4. "Draft EIR." A statement containing the elements of
an EIR described in Sections 15141, 42 and 43 of the State Guide-
lines. •
5. "Project." Supplementing the definition of Section
15037 of the State Guidelines:
(a) Normally 'an activity of the District which does not
require a permit from or approval by the City or County planning
agency in whose territ9ry the activity is located will not be
a project for purposes hereof. However there are exceptions to
this principle, including the granting of concessions, and other
entitlements to use District property, or other approvals which
while in themselves not requiring local planning agency approval,
will ultimately lead to the need thereof.
(b) If no new appropriation of funds by the Board is
• required for carrying out the activity, then normally such
activity will not be a project for purposes hereof.
(c) Normally, the acquisition of land by the District for
park uses will not constitute a project for purposes hereof
unless the particular use contemplated will involve substantial
changes in the natural environment of the land acquired, or will
involve relatively intense uses as compared to uses typical of
other regional parks, or will have identifiable impact on the
environment beyond the boundaries of the land being acquired for
reasons other than the normal going and coming to and from the
park
by users and their mere presence (as distinguished from their
specific activities) in the park.
6. "Significant Effect." Supplementing Section 15040,
State Guideline Sections 15082 concerning factors indicating the
necessity of a mandatory finding of significant effect, and 15081
concerning other factors indicating the possibility of significant
effect, are referred to.
V. REVIEW PROCEDURE --THE ENVIRONMENTAL.IMPACT ASSESSMENT (EIA).
1. When Required. There shall be prepared an EIA for each
activity of the District ' which might possibly be a "project" as
defined in Section 15037 unless an initial determination is made
and concurred in writing after completion of the checklist attached
hereto as Exhibit Aby the responsible Department Head, the Assis-
tant General Manager or the G/M, that beyond any reasonable doubt,
such activity is:
(a) not a "project" within the definitions set forth in
Section 15037 of the State Guidelines and Article IV 5 of these
guidelines; or
(b) Categorically exempt pursuant to the Article 8 (Section
15100 through 15114) of the State Guidelines; or
(c) An emergency project within the meaning of Section 15071
of the State Guidelines; or
(d) A feasibility or planning study within the meaning of`
Section 15072 of the State Guidelines; or
(e) A ministerial project within the meaning of Section
15037 of the State Guidelines; or
(f) A nonexempt project for which a Negative Declaration may
be prepared and filed by the G/M as provided in Article VI.
(g) A nonexempt project that will or may have a significant
effect on the environment (in which event the G/M shall cause a
draft EIR to be prepared for presentation to the Board); or
(h) A project for which an EIR or Negative Declaration has
already been prepared by another public agency acting in its role of
lead agency (See Sections 15064 et seq. of the State Guidelines)
provided that:
(1) Substantial changes are not proposed in the project
2. Purpose.
the EIR, due to the inv. ement of environ-
mental impacts not considered in the ori-
ginal EIR; and
(2) there are no substantial changes with respect
to the circumstances under which the project
is to be undertaken, such as a change in the
proposed location of the project, which will
require major revisions in the EIR due to
the involvement of new environmental impacts
not covered in the original EIR..
The purpose of the EIA is to set forth
facts and information so that the Board can determine whether a
proposed project Ea. have a significant effect on the environment.
3. Content. The EIA shall contain the following:
(a) A brief description of the proposed project;
(b) A brief description of the existing environment with-
out the proposed project;
(c) Information concerning the possible impact of the
project on such existing environment sufficient to
enable the Board to determine whether the proposed
project may have a significant effect on the environment;
(d) The recommendation of the G/M as to whether an EIR
or Negative Declaration should be prepared. i
(e)_ A brief description of any available alternatives
to the proposed project.
4. Who Prepares. The District Staff will normally prepare
the EIA, but in each instance the G/M shall consider the advisa-
bility of causing the whole or part of the EIA to be prepared by
a non -staff consultant (s) having appropriate expertise. The G/M
may also seek consultant advice on various technical aspects in
connection with the preparation of a given EIA if he is of the
opinion that such expert'advice is desirable.
5. Presentation to the Board. If an EIA is prepared, it
shall be presented to the Board at the earliest practicable time.
Upon presentation of an EIA, the Board shall, if it desires to
consider the project further, either:
(a) Proceed without preparation of either a draft EIR•
or Negative Declaration upon its finding that no EIA was required
in the first instance pursuant to the provisions of this Article V
of these guidelines; or
(b) Find that the proposed project will not have a
significant effect on the environment and direct the G/M to prepare
and duly file a Negative Declaration (see Section 15083) ; or
(c) Direct the G/M to prepare a draft EIR if the
Board finds that the proposed project may have a significant effect
on the environment (see Section 15084 and refer to Article VII below)
VI. NEGATIVE DECLARATION.
1. Negative Declaration -- Staff Action. In the review of a
project not requiring approval of the Board the G/M is authorized to
prepare and, file a Negative Declaration, where appropriate under the
State Guidelines. Such Negative Declaration shall be posted at the
headquarters of District, and no action will be taken on the project
until a minimum of three days has elapsed from the date of posting.
If written objection is received by the G/M during said period,
action on the project shall be further suspended, an, EIA shall be
prepared, and the matter disposed of by the Board under the provisions
of Article V.
•2. Negative Declaration -- Board Action. In the review of a
nonexempt project requiring approval of the Board the G/M shall
include in his report any EIA required by Article V and, if applicable,
a statement of his intention to file a Negative Declaration. Any
proposed Negative Declaration shall include a brief description of
the project as proposed, a finding that the project will not have
a significant effect on the environment,a brief statement of reasons
to support the findings, and shall be posted at the headquarters of
District at least three days before the meeting, counting the day
of the meeting.
3. Review of Negative Declaration. The Board shall consider
the proposed Negative Declaration before approval of the project.
If after the posting and during the waiting period the G/M receives
written comments to the effect that the proposed project may have a
significant effect on the environment, such comments shall be brought
before the Board for its consideration at the meeting. The Board
shall consider such written comments and any oral statements received
by it at the meeting and make a finding as to whether the project may
have oY will not have a significant effect on the environment and
whether to file a Negative Declaration. The Board may require
preparation of a draft EIR if it finds at such meeting that the
proposed project mayhavea significant effect on the environment.
4. Filing of Negative Declaration. Promptly following
the determination to file a Negative Declaration as provided under
these guidelines the G/M shall do so in accordance with Section
15083.
5. Filing of Notice of Determination. Promptly following
approval or disapproval of the project, the G/M shall duly file
a Notice of Determination in accordance with Section 15083(c).
VII. REVIEW PROCEDURE --THE ENVIRONMENTAL IMPACT REPORT
1. When Required. The Board stall adopt.a draft and
final EIR prior to approval of any project unless it finds that
the project:
(a) Is categorically exempt pursuant to the Article 8
(Section 15100 through 15114) of the • State Guidelines; or
(b) Is an emergency project within the meaning of Section
15071 of the State Guidelines; pr
(c) Is a feasibility or planning study within the meaning
of Section 15072 of the State Guidelines; or
(d) Is a ministerial project within the meaning of Section
15073 of the State Guidelines; or
(e) Is a project for which the District will file . a Negative
Declaration as provided in Article VI; or
(f) Is a project for which an EIR or Negative Declaration
has already been prepared by another public agency acting in its
role of lead agency (see sections 15064 et seq. of. the State
Guidelines) provided that:
(1) Substantial changes are not proposed in the
project which will require major revisions of
the EIR, due to the involvement of environ-
mental impacts not considered in the original EIR;
and
(2) There are no substantial changes with respect
to the cirumstances under which the project is
to be undertaken, such as a change in the pro-
posed location ofthe project, which will require
-12-
major revisions in the EIR due to the involvement
of new environmental impacts not covered in the
original EIR; or
(g) Will not have any substantial effect on the environ-
ment.
2. Purpose. The purpose of the EIR is to evaluate the
effects if any, of a proposed project on the environment and to
• .explore ways .of minimizing any adverse effects, including consider-
ation of any available alternatives to the proposed project.
Communications with other public agencies affected by or concerned
with the project and the interested or affected public is to
be emphasized. The EIR represents a store of knowledge to be
utilized by the Board when making decisions to ensure that environ-
mental factors as well as economic and technical factors are con-
sidered in carrying out the powers and duties entrusted to it.
3. Content. The EIR shall generally follow the format
described in Article 9 (Sections 15140-46) of the State Guide-
lines.
4. Who Prepares. The draft and final EIR will normally
be prepared by District staff but the G/M and Board shall consider
in each instance the advisability of causing the draft and/or
final EIR, in whole or in part, to be prepared by a non -staff
consultant(s) having appropriate expertise.
5. Review of Draft EIR. Upon completion of any draft
EIR, the G/M shall:
(a) Agenda a public hearing on such draft EIR by the
*Board at any regularly scheduled Board meeting at least 30"days
-13-
after the date the Notice of Completion is filed pursuant to
(b) below. If extraordinary circumstances as defined in Article
VII 8 below are found to exist, the 30 day review period may
be shortened; and
. (b) File a Notice of Completion as appropriate (see Sec-
tion 15085[c]). In addition to the matters specified in Appendix
C-1 of the State Guidelines, such Notice shall:.
(i) state the time and place of the Board
Hearing on the draft EIR; and
(ii) specify where and how interested persons
may obtain or see a copy of the draft EIR.
(c) Advertise such public hearing at least one time in a
newspaper of general circulation in the area where the project is
located at least 13 days prior to the hearing. Such advertisement
shall specify the subject matter, purpose, time and place of the
hearing and indicate where and how a draft EIR can be obtained or.
seen.
6. Public Hearings. The public hearing on the draft EIR
shall be held in accordance with and for the purposes of Section
15165 of the State Guidelines,. _The Board's normal parlimentarY
and procedural rules and practices shall govern such hearings.
7.. Decision on Draft EIR. At any time following re-
ceipt and consideration of all written comments received prior
to the hearing on the draft EIR and conclusion of the public
hearing, the Board may, upon the record then before it;
•
-14-
(a) determine not to proceed any furthe3. with the proposed
project; or
(b) find that the project will not have significant impact
on the environment and instruct the G/M to file a Negative Declara-
tion (in whi
ch event further proceedings shall commence under Article
VI above) ; or
-(c) Determine to alter the project in order to mitigate any
adverse environmental impact (or for any other appropriate reason).
,If suc
h alteration significantly changes the project, then the Board
shall also determine whether to instruct the GM to prepare a revised
draft EIR, (in which event, further proceedings shall commence under
Article VII 5 above).
(d) Instruct the G/M to finalize the draft EIR in accordance
with Section 15146 of the State Guidelines for presentation to the
Board at a specified future Board meeting. In such event the Board
shall also determine whether to instruct the G/M to advertise (in the
manner described in Article VII 5(c) above) a public hearing at such
time on the final EIR. If extraordinary: circumstances, as defined
in Article VII 10 below, are found to exist, the 30 -day review period
may be shortened.'
8. Revi
ew of Final EIR. The final EIR shall be presented to the
Board on the date scheduled pursuant to Article VII 7 above, together
with any additional written comments received. After reviewing the
any and additional written or oral comments presented, the
Board may:
(a) Find that the EIR is inadequate and instruct the GM con-
.
cerning revision of same for presentation at a continued hearing on
a specified future Board meeting; or
(b) Adopt do t the EIR, determine whether the project will or will
not have a significant effect on the environment and:
(i) Take either of the actions de-
scribed in this Article VII 7(a)
or (c) above; or
(ii) Approve the project and instruct
the G/M to prepare and file a
Notice of Determination with the
County Clerk.
Promptly following adoption of the EIR by the Board the G/M shall
file a Notice of Determination in accordance with Section 15085(g)
of the State Guidelines.
9. Extraordinary Circumstances. Extraordinary circumstances
shall include such factors as the threat of material damage to
District property, the loss of a signif irate opportunity, adverse
economic impact of delay, and seasonal construction considerations,
etc.
VIII. RATIFICATION BY BOARD.
Whenever the G/M, or'his authorized representative, shall present .
to the Board a finding or recommendation that an activity is'not':
a project, or is exempt, or should receive a Negative Declaration,
and the Board does not order a change in such findingor recommenda-
tion, as shown in the minutes of the meeting, then the same shall
be deemed to be ratified and approved by the Board.
IX. WAIVER.
At any time the Board may, by majority vote, waive any
requirement of these guidelines, provided said waiver is in
the best interests of the District, does not operate to the
material prejudice of the public, and does not conflict with
applicable federal of State law.
X. REVIEW PROCEDURE --NORMAL PROGRESSION OF EVENTS
Public hearings on the environmental impact of .a project will
be held in conjunction with the consideration of the project itself
and action decided separately. For proposed actions or activities
listed on the agenda for decision by the Board, the staff will
have done any required assessment on environmental impact. That
assessment may have resulted in one of the following staff
conclusions: 1) An exemption, which is an exclusion from the
requirements of the California Environmental Quality Act; 2) A
Negative Declaration, indicating no significant effect on the
environment; or 3) The requirement of preparation of an environmental°
impact report, indicating that there may be significant effect.
upon the environment. The staff environmental assessment conclu-
sion can be obtained at least three days prior to the meeting
by contacting the secretary of the District at 745 Distel Drive,
Los Altos, California, 94022, telephone 965-4717.
At the meeting the Board of Directors will consider the staff
conclusion and may accept it or reach a different'conclusion. If
is made
a determination /to file a Negative Declaration the Board's considera-
tion and decision of the proposal will proceed. If an environ-
mental impact report is required, the Board's consideration and
decision on the proposal will be continued until the environmental
impact report is completed.
It is the intent of these guidelines to delegate certain
initial decisions to the G/M. However, the Board shall have the
right to override any staff decision at any stage of environmental
review. Similarly, these guidelines are not intended to prescribe
a rigid, mandatory procedure. The Board shall be free to modify
the procedure outlined herein at any time as same applies to any
specific situation. Procedural deviations or omissions shall
not result in the invalidity of any decision by the Board
concerning a project unless such deviation or omission resulted
is a material failure in the realization of the goals and objec-
tives of CEQA, the State Guidelines or of these guidelines.
XI. REIMBURSEMENT OF DISTRICT COSTS FOR PREPARING EIR's
The G/M shall have the authority to charge a reasonable
fee, calculated to cover the District's cost of preparing or
,having prepared a draft and final EIR in those situations where
a discretionary project is initiated upon the request of or is for
the partial benefit of a potential concessionaire, licensee, lessee
or some other public agency.
f\ (checklist)
(fill in title of project
The undersigned conclude (s) that subject activity (check
appropriate blanks) :
1: Is not covered by CEQA because beyond reasonable doubt
it is:
(a) not a "project" within the definitions set forth in
Section 15037 of the State Guidelines and Article IV 5 of these
guidelines; or
(b) categorically exempt pursuant to the Article 8 (Sectioi
15100 through 15114) of the State Guidelines; or
(c) an emergency project within the meaning of Section
15071 of the State Guidelines; or
(d) a feasibility or planning study within the meaning
of Section 15072 of the State Guidelines; or
(e) a ministerial project within the meaning of Section
15073 of the State Guidelines; or
(f) a project which is not required to be approved by
the Board of Directors and which will have no significant effect
on the environment, and for which a Negative Declaration should
be filed; or
(g) a project for which an EIR or Negative Declaration
has already been prepared by another public agency acting in its
role of lead agency (see Sections 15064 et seq. of the State Guidelin(
provided that:
(1) substantial changes are not proposed in the project
which will require major revisions of the EIR, due to
the involvement of environmental impacts not considerec
in the original EIR; and
(2) there are no substantial changes with respect to the
circumstances under which the project is to undertaken,
.such as a change in the proposed location of the projec
which will require major revisions in the EIR due to ti
involvement of new environmental impacts not covered it
the original EIR; or
2. It is a project which clearly, may have significant impac
on the environment so that a draft EIR should be prepared for presentz
tion to the Board of Directors.
3. CEQA is applicable to this project, but only an EIA
should be prepared initially so that the Board can decide whether to
proceed with a draft EIR or a Negative Declaration.
Give principal reasons and facts upon which above determination is
based:
Date: , 19
Date :
19 •
Checklist completed by:
(signature).
Checklist concurred in by:
(signatrure)
Department Head, or
Assistant General Mana-
ger or General Manager.
Instructions: Refer to Article V 1 of M,RPD Guidelines. A. copy of
this checklist, completed and signed, becomes a part of the file in
all matters which "might possibly be a project`+ asthat term is
defined in Section 15037 of the State CEQA Guidelines.;
MEMORANDUM
I. INTRODUCTION
The California Environmental Quality Act of 1970 (Sections
21000 et. seq., California Public Resources Code) requires all
local agencies to prepare or cause to be prepared by contract
an environmental impact report on any project they intend to
carry out which may have a significant effect on the environment
(Section 21151). The term "local agency" is defined (Sections
21062, 21063) to include the Midpeninsula Regional.Park and
Open Space District.
In addition, the Act requires that, no later than April 4,
1973, each local agency (including the District) was to adopt
objectives, criteria and procedures for the evaluation of pro-
jects and the preparation of environmental impact reports
(Section -21082). The objective, criteria, and procedures are
hereafter referred to collectively as District guidelines, and
they must be consistent with the state's guidelines, which were
promulgated as required by the Act on February.5, 1973 (see
14 Cal. Admin. Code, Sections 15000 et. seq.).
. The purpose of this memorandum is to review and summarize
the Act and its central concepts and to discuss the require-
ments of the Act respecting guidelines and environmental impact
reports as they apply to the District. The objective is to
provide a starting point for the District Board. and, staff in
formulating and adopting the District's guidelines.
It should be noted preliminarily that the focus of the Act
and the state guidelines is.to require consideration by public
1.� H
agencies of adverse effects of their activities on the environ-
•
ment. Few persons would seriously assert that property
acquisition alone by the District has adverse effects on the
environ
ment. However, subsequent or related development of
the property for public park use presents a potential for
adve
rse effects which will require consideration and
discussion. It is therefore suggested that the focus for the
District, in developing its guidelines, should be on park.
development activity as opposed to property acquisition.for.
open space preservation.
II. CENTRAL CONCEPTS
1. Environmental Impact Report
The central theme of the Act is.sensitizing the
decision -making process of public agencies to the poten-
tial adverse effect on the physical and human environment
if proposed activities over which such agencies. exercise
some measure of discretion and control are permitted to
go forward. The environmental impact report is the..
document around which the analysis and discussion is
focused.
• Section 21061 defines an environmental impact report
to be a detailed statement setting forth the following
matters specified, in Section 21100: .
(a) The environmental impact of the proposed action.
(b) Any adverse environmental effects which cannot
be avoided if the proposal is implemented.
{c Mitigation ation measures proposed to minimize the
)
impact.
(d) Alternatives, to the proposed action.
(e) The relationship between local short-term uses
of man's environment and the maintenance and
enhancement of long-term productivity.
(f) Any irreversible environmental changes which
would be involved in the proposed action should
'it be implemented.
The growth -inducing impacts of the proposed
action.
(g)
Section 21061 further states that an. environmental
impact report is an informational document which, when its
preparation is required, shall:be considered by every public
agency prior to its approval or disapproval of a project.
The stated purposes of the report are (1) to provide public'
agencies with. detailed information about the effect which a
proposed project is likely to have on the environment;
(2) to list ways in which any adverse effects of the project
might be minimized; and (3) to suggest alternatives.to the
project as proposed.
The provisions of Article 9 (Sections 15140 - 151466) of
the state guidelines supplement and expand upon Section
21061. They expand upon (a) through (g), above, with a
further discussion of each. They make clear the expectation
that reports, when required, will be submitted in draft
form for review and for revision during the review process,
with eventual production of a final report which will be
approved and acted upon. As to the draft report, the state
guidelines require a description of the project (location,
objectives, etc.); a description of the environmental.
setting from both local and regional perspectives, with
special emphasis -on resources which are rare or unique to
the region; and a reference to the certification by :the
appropriate agency of.compliance with applicable water
quality standards, if any. The final report must further:
contain a summary or verbatim transcript of comments made
on the draft report, together with responses to these
and reasons why any specific comments and suggestions were
not accepted or factors warranting an override of them.
2. Project.
The Act requires, as indicated above, that the environ-
mental impact reports be prepared and discussed with respect
to any "project" an agency intends to carry out which may
have a significant adverse affect on the environment. A
threshhold question for the District in considering whether
an environmental impact report is required in connection
with a proposed activity is whether the activity constitutes
a project within the scope of the Act.
Section 21065 of the Act, together with Section 15037
of the state guidelines, defines the term "project" to meal:
the whole of an action, resulting in physical impact on the
environments directly or ultimately, that is any of the
following:
"(a) An activity directly undertaken by any public
agency including but not limited to public works .
construction and related activities, clearing or
grading of land, improvements to existing public
structures, enactment and amendment of zoning
ordinances, and the adoption of.local General
Plans or elements thereof.
(a)
An activity undertaken by a person which is
supported in whole or in part through public
agency contracts, grants, subsidies, loans, or
other forms of assistance from one or more
public agencies.
An activity involving the issuance to a person
of a lease, permit, license, certificate, or
other entitlement for use by one or more public
agencies." (Section 15037(a))
This definition appears quite inclusive, since almost
any activity among the three categories set forth can be
said to have "ultimate physical impact on the environment."
This is particularly so in view of the definition of
environment as:
"the physical conditionswhich.exist within
the area which will be affected by a pro-
posed project, including land,:air,.water,
minerals, flora, fauna, noise, objects of
historic or aesthetic significance." (Section
21060.5)
The Act and guidelines do provide,` however, two forms
of limitations on report requirements based on the concept
of "project." The first is embodied in Section 15037(b)
of the guidelines, which states that "project_` does not -
include:
"(a) Anything specifically exempted by state law.
(b) Proposals for legislation to be enacted by the
state Legislature.
(c) Continuing administrative or maintenance
activities, such as purchases for supplies,
'personnel --related actions, and general
policy and procedure making (except as they
are applied to specific instancescovered
above).
(d) The submittal of proposals to a vote of the
people of the State or of a particular community.
(Section 15037(b)).
The second sets of limitations relate to the following
categories of projects which are specifically exempted from
report requirements:
(a) Ministerial projects proposed to be carried out
or approved by public agencies. (Section 21081(b))
Section 15073 of the state guidelines provides
some guidance as to what the term "ministerial
projects" means, (e.g., issuance of building
permits, business licenses), but it generally
leaves that determination to each agency, based
upon its analysis of its own laws. The basic
notion is that an action is ministerial if it
involves no.exercise of discretion. Section 15073
acknowledges that the local agencies may itemize
ministerial actions in their own guidelines.
(b) Emergency repairs to public service facilities
necessary to maintain. service. (Section 21085)
(c)
Section 15071 of the' guidelines expands the
concept of emergency repairs to include work
undertaken as immediate action necessary to pre-
vent or mitigate an emergency.
Any project undertaken, carried out, or approved
by a public agency to maintain, repair, restore,
demolish or replace property or facilities
damaged or destroyed as a result of a disaster In
a disaster stricken area in which.a state of
emergency has been, proclaimed by the'Govenor
pursuant to provisions of the California Govern-
ment Code. (Section 21172)
(d) A project involving only feasibility 'or planning
studies for possible future actions which the
agency has not approved, adopted or funded.
(Section 15072)
This category seems , implicit in the 'de fin it ion.
of the term "project," but the draftsmen of tle
state guidelines have included specific mention
3. Significant Effect on the Environment.
Even if a proposed activity of a local agency does
constitute a non-exempt "project," the report requirements
still do not apply unless the f pp y project may' have a sih:^�i�. _;:a.At
effect on the environment. The term significant ' effect f..s
defined to mean "a substantial adverse impact." (Section
15040). Sections 15081 and 15082 discuss the matter of
determining whether a project may have significant effect
and specify circumstances in which a finding of "significant
effect" is mandatory.
It is in regard to this case -by -case decision about
possible significant effect that the local agencies will
most likely focus a good deal of staff and board attention.
It should be noted that the California Supreme Court, in
its first decision respecting the Act, expressly noted
that:
"The courts will not countenance abuse of the
'significant effect' qualification as subterfuge
to execuse the making of impact reports other-
wise required by the Act." Friends of Mammoth v.
Mono County, 8 C.3d 247 (1972)
Acknowledging that many day-to-day discretionary actions
of public bodies will have a deminimus effect on the erviro.
ment, Section 21084 of the Act requires that the guidelines
provide a list of activities which will be "categorical
exemptions," based on a pre -determination that such activities
will not involve substantial adverse impact. Article 8 of
the guidelines (Sections 15100 - 15116) represent the response
to that mandate, and it provides for 12 categories of
categorical exemptions as follows:
(a) Operation, repair, etc. of existing facilities.
(b) Replacement or reconstruction of existing
structures.
(c) 4-plex or less residential building and stores,
offices and restaurants for 20 or less persons,
and related utility and accessory, facilities and •
structures.
, (d) Minor alterations to land.
(e) Minor changes in land use' regulations such as
set back, encroachment permits.
(f) Information collection.
(g) Regulatory actions to protect natural resources.
(h) Regulatory actions.to protect the environment.
(i) Inspections.
(j) State VA loans.
(k) Accessory structures, including on -premise signs
and small parking lots.
(1) Sale of surplus government property.
These categories will in many instances overlap with the
ministerial project::exemptions. A major focus for any
particular local agency, in developing its own'guidelines,
will be development of a set of categorical exemptions
suitable to its own operations and functions..
4. District Guidelines.
As indicated above, the Act requires each local agency
to adopt, by ordinance, resolution, rule or regulation, a
set of objectives, criteria and procedures for• the
evaluation of projects and the preparation and review of
environmental impact reports. While the Act specifies a
number of both mandatory and optional provisions for the
state guidelines, the only requirement for the local guide-
lines is that they be consistent with the provisions of
the Act and the provisions of the state guidelines.
One means of assuring compliance with this requirement
is forthe local agency to simply adopt the state guidelines
as its own. Review of the state guidelines suggests,
however, that many local agencies will want to adopt their
own provisions in regard to at least the following matters:
(a) Develop a list of ministerical projects based on
review of the enabling legislation of the local
agency.
(b) Expand the categories of categorical exemptions,
subject to the requirements and limitations of
Section 15115 and 15116 of the state guidelines.
(c) Embellish the procedure which is embodied in the.
Act and state guidelines for preliminary deter-
minations ("project," exemption, significant
effect) and for report preparation, review and
adoption.
Article 10 of the state guidelines (Sections 15160 et.
. seq.) contains several suggestions in regard to procedural
provisions which would be appropriate for the local guide-
lines, particularly in regard to the process of reviewing
environmental impact reports, including possible public
hearings.
III. STATE GUIDELINES PROCEDURE
Since the local guidelines which the District must adopt
must be consistent with the state guidelines, it is instructive
to summarize the procedure embodied in the state guidelines for
making the preliminary determinations and for then preparing,
reviewing and adopting reports if it is determined that a report
is required.
Attached.as,Appendix A is a copy of the flow chart published
with the state guidelines to illustrate this. procedure, which
may be summarized as consisting of the following steps to be
undertaken in the same order:
1. Is the activity . a "project"?
2. Is the project categorically exempt?
3. Is the project exempt as a ministerial project, an
emergencrrepair, a disaster -related project, or a
feasibility or planning study?
4. If the answer to Item 1 is no or to Items 2 or 3 is
yes, then no further steps' are taken respecting environ-
mental impact analysis.
5. In the alternative, if the report requirements are not
eliminated on the basis of Items 1-3, then the local
agency, presumably at the staff level, must conduct an
initial study to determine whether the project may have
a significant effect (substantial adverse impact) on the
environment.
�6. If the conclusion is "no significant effect," then a
Negative Declaration must be prepared. Section 15083
specified contents of the Negative.Declaration and
requires that it.be filed with the County Clerk of each
county in which the project will be located. In
addition, the agency must file with the County Clerk a
Notice of Determination indicating its decision to
approve or. disapprove the project; the determination o '
the agency whether the project will have,a significant
effect on the environment; and an environmental impact
report has been prepared. (Section 21152 of the Act;
• Section 15083(c) of the state guidelines)
The primary importance to the local agency in
filing the Notice of Determination is that. it starts
running a 30 -day statute of limitations for
challenging the agency's decision respecting signi-
ficant effect. (Section 21167(b))
If the conclusion is that there may be significant
effect, then a report must be prepared and considered
in determining whether to approve the proposed
project, with or without modification.
Upon completion of the draft report, a Notice of
Completion must be filed with the Secretary of the
Resources Agency in Sacramento, The guidelines provide
a prescribed form, a copy of which is attached hereto
as Appendix C.
The local agency then invites comment on the draft
report from other parties. The Act -'and guidelines
provide that the agency must consult with any other
public agency having jurisdiction with respect to
some aspect of the project and may consult 'with any
person having related expertise. (Section 21153 of the
Act, Section 15085(b) of the guidelines). The guide-
lines strongly encourage public hearings and general
participation in the review process. (Sections 15164,
15165)
Clearly, the most important subject for the local
guidelines is the review process, including the
specifics of report distribution, time periods'for
(4'11 N
review' of both draft and final reports, and methods
of giving notice and conducting public hearings.
10. Upon conclusion of the "comment -gathering" review
process, a final report is prepared with the contents
indicated above. The final is then reviewed and
adopted, and it must be considered in making
decisions respecting the proposed project.
11. After making a decision of the project based on the
report, the Notice of Determination (descr.ibed in
'paragraph 6 above) is filed. Filing the notice starts
the 30 -day statute of limitation for challenging the
sufficiency of the report or the propriety of the
agency's decision respecting the project, in light of
the report and critical comments made during the
review process. (Section 21167(c))
IV. APPLICATION TO THE PARK DISTRICT
As applied to the District, the requirements of the Act will
have, their most significant application in decisions respecting
land acquisition and subsequent park development projects. The
emphasis will pretty clearly be on park development, which has
the more direct physical impact.
The immediate. task is adoption of District guidelines, which
were to have been adopted by April 4, 1973. The District guide-
lines must be consistent with the state guidelines, which
provide the primary outline for the process of preliminary
determinations and for report preparation and review. The focus
in formulating the• District's guidelines will be in supplementing
the state scheme.. in these areas:
-13-
1. List ministerial projects.
2. Refine the categorical exemptions.
3 . Provide specifi.s, for the report review procedures.
•
a.4If. a • .1C+. _.
(Pursu. ) Government Code Section 11380.'{)
DO NOT WRITE IN THIS SPACE
ENlIRONi(DITAL IMPACT F.EPQRT PROCESS
FLOW CHART
w.-.rw 4111.w'NO .i. WO w w GO 0.1.1
Determination of
applicability of CEQA
0. IE. 010410.111111. 410 •ED
1 Determination of 1
....v Lead Agency where . L-.
more than one agency 1
. is involved J
•
Public Agency evaluates Proposed Activity to
determine it there is a possibility that the
Activity may have a significant effect on the
Environment.
Possible significant effect
Public Agency determines if Activity is a
"project".
Project
Public Agency determines if "project"
Ministerial, Emergency or Discretionary.
Appendix A.
No pocoible
significant
effect
Discretionary
i
Public Agency determines if "project"
is categorically exempt.
No EIR required •
under the California
Environmental
Quality Act (cEQA)
Non -project
Ministerial projest ..•—•>....
Emergency project
Not Categorically Exempt
Public Agency undertakes initial study
to determine if "project" will not have
a significant effect on the
environment.
Kay have significant effect
Categorically exempt
will not have
significant affect
Responsible Agency prepares or causes to be
prepared a draft EIR. (If Lead Agency:
Consultation with appropriate other agencies.)
Responsible Agency files Notice of Completion with
Secretary for Resources and distributes draft EIR
for comments.
Consultation with Public Agencies
having jurisdiction by law
Responsible Agency
files Negative
Declaration with
appropriate agency
in sufficient time
prior to approval
of project.
Consultation with persons having
special expertise with regard to any
environmental impact involved
Responsible Agency prepares Final EIR reflecting
reactions to significant review comments.
I Consideration and Approval of Final EIR
i[ by decision -Raking body.
Decision on "project"
MOTE: This flow chart is intended to merely illustrate
the EIR process conteeplated by these Guidelines.
Tho language contained in the Guidelines should
control in case of discrepancies.
Pile Notice of Determin:o:
with.Secretary for
Reg/wrote
State Agencies Local Agencies
Tile Notice of Determination
with County Clerk
55154.710 t.7/ 25)4 OSP
(Pursum Government Code Section 11380.1)
Responsible Agency .
'Project Title
State of California
The Resources Agency
SECRETARY FOR RESOURCES
1416 Ninth Street, Room 1311
Sacramento, California 95814
NOTICE OF COMPLETION
Appendix C
Division
Address
. .
City
County
• . Zip c
Ext.
Contact Person
Area Code
Phone•
.
•
�- -
-
1h •
Project Location City . 'Project Location County
Time Period Provided for Review
Address Where Copy of Draft EIR is Available
1111.450 9.71 ISM oai
:r .
•
. 04.
•
If questions remain unresolved after initial contact, the Department of Parks and
Recreation should be notified to arrange a meeting.
Each application to the Department of Parks and Recreation must be
accompanied by four copies of the letter from the State Clearinghouse containing
comments or confirming that no comments were generated.
b. Areawide Clearinghouse
The procedures of the areawide clearinghouses may vary; therefore, you should
contact the appropriate clearinghouse to determine its review procedures.
Each application to the Department of Parks and Recreation must be
accompanied by either four copies of the comments from the areawide
clearinghouse or four copies of a statement that the required procedures were
followed and no comments were received.
Meetings may be scheduled by the areawide . clearinghouse for discussions . or
comments. As with comments from the State Clearinghouse, the Department of
Parks and Recreation should be notified if there are unresolved questions.
2. ENVIRONMENTAL ASSESSMENT (Submit two copies.)
To implement the National Environmental Policy Act of 1969 (Public Law 91-190) all
Land and Water Conservation Fund project proposals must be assessed for their
environmental effect by the Bureau of Outdoor Recreation. The assessment, which
must cover the eight points listed below, will be reviewed by the Bureau to determine
if an environmental impact statement is needed. The assessment need not be overly
detailed or lengthy. It must, however, provide pertinent information of sufficient scope
and depth to allow a sound, defensible decision to be taken. In short, it must be a
factual,. concise documentation of the facts and not merely additional justification for.
the project.
Please Note: A NEGATIVE DECLARATION IS NOT ACCEPTABLE AT THE TIME
OF APPLICATION. The Regional Director of the Bureau of Outdoor Recreation will,
after reviewing the environmental assessment, decide whether or not the project has a
significant effect on the environment. If he decides that it does not, he will file a
negative declaration.
The nine points that must be covered in the environmental assessment areas follows:
a. Description of the Proposed Project
This will serve as an introduction and description of the proposed project and
what it is designed to accomplish. It should include such information as the
location of the project, its scope, when the action' is to take place, and, if
applicable, the project's relationship with other federal, state, or local
recreation -oriented projects and proposals.
b. Descriptions of the Environment
This section will include a description of the existing environment and of the
probable future environment of the project site and its surroundings if the
proposed action should not be implemented.. ' •
28'
c. Environmental Impact of the Proposed Action
This section will be an objective discussion of the environmental impacts of the
proposed action, including further related actions, if any, that are contemplated.
"Impacts" are defined as direct or indirect changes in the existing environment,
whether beneficial or adverse. To the extent appropriate, the discussion will
include a description of the impacts of the action, including environmental
damage that could be caused by users, on economic, cultural, aesthetic, and social
conditions as well as on the physical and biological environment. Elements on
which impacts are unknown or only partially understood should be indicated.
d. Any Adverse Environmental Effects That Cannot be Avoided If the Proposal Is
Implemented
This section will consist of a discussion of any adverse environmental effects that
cannot be avoided and an analysis of who or what is affected and to what degree
(unless this already has been accomplished in Item 3).
e. Mitigation Measures Proposed to Minimize This Impact
Where appropriate, a section on mitigating factors will be included. This section
will include a discussion of measures or methods that are proposed or that will be
required to mitigate adverse environmental impacts.
f. Alternatives to the Proposed Project
The thrust of this section is to describe possible alternatives to the proposed
project. The alternative of "no action" will be discussed specifically. The basis for
rejection of alternatives must also be discussed.
Relationship Between Short -Term Use and Long -Term Productivity of the
Environment
The short-term impacts (e.g., loss of wildlife . habitat, relocation of families or
businesses, changes in traffic volumes and patterns, and increase in air pollution
.due to increased auto traffic) should be evaluated as they relate to the project's
cumulative and long-term impacts, such as dedication of land to public recreation
and open space and provision of recreation facilities for future generations.
• h. Any Irreversible Environmental Changes as a Result of the Proposed Project
This section will discuss any irrevocable uses of,,resources that *ill result from
implementation of this action. This requires identification of the extent to which
the action curtails, restricts, or possibly enhances the range of resource uses.
Illustrative of matters that should be discussed are resource extraction, erosion,
destruction of archeological or historic sites, elimination of the habitat of
endangered species, and significant changes in land use.
The Growth -Inducing Impact of the Proposed Action
Discuss the ways in which the proposed project could foster economic or
population growth, either directly or indirectly, in the surrounding environment.
Included in this are projects which would remove obstacles to population growth.
Increases in the population may further tax existing community service facilities
so consideration must be given to this impact. Also discuss the characteristic of
some projects which may encourage and facilitate other activities that could
significantly affect the environment, either individually or cumulatively. It must
not be assumed that growth in any area is necessarily beneficial, detrimental, or of
little significance to the environment.
g.
The environmental assessment must be accompanied by a site plan for development projects, a
plat map for acquisition projects, and a location map.
6L UT'ION NO.
74-6
PASSED AND ADOPTED by the Board of Directors of the
Midpeninsula Regional Park District on April 10
at a regular meeting thereof, by' the following vote:
AYES:
NOES:
Condron, Duffy, Hanko, Peters, Wendin
None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
, 1974.
u,/d‘;yi,
Secretary President, Board of Directors
I, the Secretary of the Midpeninsula Regional Park District,
hereby.certify that the above is a true and correct copy of a resolu-
tion duly adopted by the Board of Directors of the District by the
above vote at a meeting thereof duly held and called on the above
date.
Secretary