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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