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HomeMy Public PortalAboutResolution - 77-22- 19770511 - Adopt Callifornia StateRESOLUTION NO. 77-22 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING GUIDELINES PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AS AMENDED WHEREAS, the.Board of Directors of the District adopted Resolution No. 74-6 on April 10, 1974, a Resolution Adopting Guidelines Pursuant to California Environmental Quality Act, and WHEREAS, subsequent amendments to the California Environmental Quality Act and regulations pursuant thereto neces- sitate revision of the District's aforementioned Guidelines, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Midpeninsula Regional Open Space District does hereby adopt those certain "Guidelines and Procedures for Evaluation of Environmental Impact of Projects and the Preparation of Environmental Impact Reports, Effective April 27, 1977, of the Midpeninsula Regional Open Space District," a copy of which is affixed hereto and by reference made a part hereof. BE IT FURTHER RESOLVED that Resolution No. 74-6 dated April 10, 1974 is hereby superseded. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RESOLUTION NO. 77-22 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on May 11 , 19 77 at a regular meeting thereof, by the following vote: AYES: Katherine Duffy, Nonette Hanko, Richard Bishop, Harry Turner, Daniel Wendin, Barbara Green and Edward Shelley NOES: None ABSTAIN: None ABSENT: ATTEST: AecMA0101.4. retary, Board of Directors APPROVED: President, B and of Directors I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above date. District Clerk 4k1 MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM May 6, 1977 TO: Board of Directors FROM: S. Norton, Legal Counsel M-77-71 (Meeting 77-14, Agenda item No. 2) SUBJECT: Adoption of Revised Guidelines and Procedures for Evaluation of Environmental Impact of Projects and the Preparation of Environmental Impact Reports The following changes have been made in the District's CEQA guidelines and procedures based on my understanding of the Board's action at its meeting of April 27, 1977. 1. Title page, change the effective date from April 27, 1977 to.May 11", 1977. 2. Page 4d. Rephrase as requested. 3. Page 4, "Significant Effect". Make clear reference to Sections 15081 and 15082 is to State guidelines, not MROSD guidelines. (Copies of pertinent State guidelines enclosed.) 4. Page 4B. Delete second sentence as not pertaining to subject matter or purpose of paragraph "Lead Agency Determination". 5. Page 5, paragraph 2. Delete as unnecessary under State guidelines. Staff will continue to use discretion regarding circulation. 6. Page 5, C3. Change Land Manager to General Manager. 7. Page 5, Di. Change "agencies" to "individuals". (This error was apparently a typo.) 8. Page 6, d. Renumber as requested. 9. Appendix A, add Categorical Exemptions title. M-77-71 Page two 10. Appendix A, page six, add Class 17. Recommendation: It is recommended that the Board adopt the attached Resolution of the Board of Directors of the Midpen- insula Regional Open Space District Adopting Guidelines Pur- suant to California Environmental Quality Act. SN:jg GUIDELINES AND PROCEDURES FOR EVALUATION OF ENVIRONMENTAL IMPACT OF PROJECTS AND THE PREPARATION OF ENVIRONMENTAL IMPACT REPORTS Effective May 11, 1977 of the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 745 Distel Drive Los Altos, CA 94022 ,d."1" ( / \Page two Approval. Approval shall ordinarily occur on the date that the District Board of Directors (Board) authorizes action, which if carried out, would either irrevocably commit the District to some legal duty to third parties that would be breached if the project were not carried forward, or, which if carried out, would result in construction or implementation of a significant portion of the ultimate project. Normally neither the budgeting of funds nor authorization of financial, scientific or other feasibility studies (See. Section 15072) preliminary to commencing the ultimate project, whether by District staff or consultants, shall constitute approval. Emergency. A sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emerg- ency includes such occurrences as fire, flood, earth- quake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage. Projects demanding immediate action in the case of an emergency are generally exempt from the requirements of CEQA. (See Appendix A., Categorical Exemptions) .. Environmental Impact Report. A detailed statement set- ting forth the mattersspecified in Sections 21100 and 21100.1; provided that information or data which is rele- vant to such a statement and is a matter of public record or is generally available to the public need not be re- peated in its entirety in such a statement, but may be specifically cited as the source for conclusions stated therein; and provided further that such information or data shall be briefly described, that its relationship to the environmental impact report shall be indicated, and that the source thereof shall be reasonably available for inspection at a public place or public building. An environmental impact report also includes any comments received during the mandatory review period, an index or table of contents, and a summary. A major intention of the recent amendments to CEQA was to maintain the informational strength of the EIR while shortening its length to increase its readability and hence, its effectiveness. In the case of the District, many of the informational requirements for an EIR will be satisfied by pre -acquisition reports and Land Use and Management Plans. Sections 15068.5 and 15140 (a - h) further amend and tailor informational requirements. (See Appendix B) Introduction: These guidelines and procedures have been prepared for the evaluation of projects proposed by the Midpeninsula Regional Open Space District, and preparation of appropriate environmental documents, pursuant to the California Environmental Quality Act of 1970 and its atten- dant Guidelines for Implementation of the California Environ- mental Quality Act (CEQA) , as amended by AB 2679 (Knox) , effective January 1, 1977. The Open Space District Guidelines are patterned after the State Guidelines for Implementation, which are on occasion referred to in the text of these Dis- trict guidelines by the appropriate Section number. Goals': The goal of these guidelines is to assure that the District's staff and Board of Directors will be fully and objectively informed of any potential environmental impacts, mitigations for reducing adverse impacts, and feasible alter- natives to a project, prior to its approval or denial. A further objective is to enable the District to properly balance environmental objectives and the policies of the State of California (set forth in Section 21001 of CEQA) with its own open space, economic and social objectives. Definitions: Definitions of the following words are set forth in Sections 15021 through 15040, inclusive, of the State Guidelines and are hereby adopted. Approval CEQA Categorical Exemption Cumulative Impact Discretionary Projects Emergency Environment Environmental Impact Report Environmental Impact Statement Feasible Initial Study Jurisdiction by Law Lead Agency Local Agency Ministerial Project Negative Declaration Notice of Completion Notice of Determination Person Project Public Agency Responsible Agency Significant Effect Some of the foregoing definitions are supplemented and/or included below so that the staff and the public will have a clearer understanding of their applicability to the Midpeninsula Regional Open Space District's (District) actions. (°'°'4s.) Page four b) An activity directly undertaken by the District including, but not limited to public works construction, Land Use and Management Plans:, clearing and grading of land, and demolition or restoration of public or historic structures. c) An activity 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 agency. d) An activity involving the issuance by one or more public agencies to a person of a lease, permit license, certi- ficate, or other entitlement for use. This would include leases issued for District properties, such as to grazing tenants. A project does not include: a) Any action specifically exempted under the list of Categorical Exemptions (Appendix A) b) Continuing administrative or maintenance activities, such as purchases for supplies, personnel -related actions: emergency repairs to public service facilities, general policy and procedure making (except as they are applied to specific instances covered above), feasibility or planning studies, ministerial projects. Significant Effect. Significant effect on the environment means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the activity, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. (Sections 15081 and 15082 of the State guidelines give examples of consequences which may be deemed to have a sig- nificant effect, and mandatory findings of significances, re- spectively. Procedures: A. Project Determination. When the District proposes to carry out an action, the Land Manager or the Land Manager's designee shall determine whether or not the action constitutes a project. If the action does not constitute a project, a Notice of Exemption (Appendix D) will be filled out and placed :)n file at the Midpeninsula Regional Open Space'District office, 745 Distel Drive, Los Altos, CA 94022. B. Lead Agency Determination. If the District is determined to be the Lead Agency, it will be responsible for envir- onmental review of an action and any necessary environmental documents. Final determination of the appropriate Lead Agency shall be made by the State Office of Planning and Research in the event of a dispute. Page three Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic environmental, social and technological factors. Initial Study. A preliminary analysis by the District to determine whether an EIR or a Negative Declaration must be prepared. (See form attached as Appendix C) Jurisdiction by Law. a) Jurisdiction by law means the authority of any public agency (1) to grant a permit for or provide fund- ing for the project in question, or (2) to exercise authority over resources which may be affected by the project. b) A city or county will have jurisdiction by law with respect to a project when the city or county is the site of the project, the area in which the major environ- mental effects will occur and/or the area in which reside those citizens most directly concerned by such environmental effects. c) Where an agency having jurisdiction by law must exercise discretionary authority over a project in order for the project to proceed, it is also a responsible agency. Lead Agency. The public agency which proposes to carry out or approve a project which may have a significant effect on the environment. The Lead Agency has the principal responsibility for preparing environmental documents. Where two or more public agencies have an equal claim to be the Lead Agency, the public agencies may by agreement designate which agency will be the Lead Agency. In the event of a dispute in the designation of a Lead Agency, the State of California Office of Planning and Research may resolve the dispute and designate the Lead Agency. Whereas a lead agency shall consider all effects of a project, both individual and cumulative, a responsible agency need only consider the significant effects of those activities which it is required by State law to carry out or approve that are involved in a project for which a lead agency has prepared an EIR. Project a) An activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term "project" does not mean each separate governmental process. (eime,'"1111 Page six a) One publication by the public agency in a newspaper of general circulation in the area affected by the proposed project. b) Posting of notice by the public agency on and off site in the area where the project is to be located. c) Direct mailing to owners of property continguous to the project. 2. Under the following circumstances, a Negative Declaration shall be submitted for review to the State Clearinghouse, 1400 Tenth Street, Sacramento, California 95814: 'a) When a Negative Declaration has been prepared by the District for a project where a state agency is a Responsible Agency or otherwise has jurisdiction by law with respect to the project. The review period shall be at least 45 days unless a shorter period is approved by the State Clearinghouse. b) Negative Declarations prepared pursuant to the National Environmental Policy Act (NEPA) and the Federal Guidelines. 3. After completion of the Negative Declaration and the 5 day review period, the Board shall consider the proposed Negative Declaration at its earliest possible meeting. At the meeting the Board shall consider any verbal or written comments received, may request additional information, and may continue the item. The Board shall make a finding as to whether the project may have or 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 that the proposed project may have a significant effect on the environment. E. Environmental Impact Report. If the Board should decide that a project may have a significant effect on the environment, the staff or a non -staff consultant shall prepare a Draft EIR. 1. The Draft EIR shall contain the informational requirements in Appendix B. Before completion of the Draft EIR the District shall consult with all responsible agencies and any persons or organization it believes will be concerned with the project. Page five C. Initial Study 1. When a project determination for an action is affirmative, and for which the District is the Lead Agency, then an Initial. Study shall be prepared by the District.* An Initial Study must be a written document containing informa- tion required by Section 15080 of the State Guidelines. (See Appendix C for format) The District staff will normally prepare the Initial Study, but in each instance the General Manager or the General Manager's designee shall consider the advisability of having the Initial Study prepared by a consultant(s) having appropriate expertise. 2. The Land Manager shall evaluate the effect that the project would have on the environment. a) If the project will have no significant effect, the Land Manager or his/her designee shall prepare a Negative Declaration. b) If the project may have a significant effect on the environment, the Land Manager or a consultant approved by the General Manager shall prepare a Draft Environmental Impact Report. 3. The General Manager shall advise the Board at the earliest practible time of the Initial Study and its outcome. D. Negative Declaration. A Negative Declaration shall. be prepared, subsequent to an Initial Study, for projects that the Land Manager has determined will not have a significant effect on the environment. The Negative Declaration shall be prepared according to the format provided in Appendix D. 1. Before adoption of a Negative Declaration by the District, the Land Manager shall consult all responsible agencies and consider any comments on the project. Notice shall be provided 5 days prior to the meeting at which the item is to be considered. Notice shall be given to all organi- zations and individuals that have requested such notice and to the public through one of the following methods; *Unless the District is able to determine that the project will have a significant effect without the preparation of an Initial study. Page eight identifies the overriding consideration(s) that warrants approval of the project; or 2) Determine to alter the project, in order to mitigate any adverse environmental impact or any other appropriate reason, and determine whether a revised EIR is therefore required; or 3) Determine not to proceed any further with the proposed project. Statement of Overriding Considerations a) The District shall not approve or implement a project for which an EIR has been completed that identifies one or more significant adverse effects of the project unless the District makes one or more of the following written findings for each of those significant effects accompanied by a statement of the facts supporting each finding. (1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the District. Such changes have been, or should be, adopted by such other agency. (3) Special economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the -final EIR. b) The findings required by subsection (a) shall be supported by substantial evidence in the record. c) The finding in subsection. (a) (2) shall not be made if the District has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. Ratification by Board. Whenever the General Manager or an authorized representative shall present to the Board a find- ing 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 finding or recommendation, as shown in the minutes of the meeting, then the recommendation shall be deemed to be ratified and approved by the Board. Page seven 2. Upon completion of the Draft EIR, a Notice of Completion (Appendix F) shall be filed with the Secretary for Resources by the District Clerk, who shall provide public notice of the completion at the same time by: a) Advertisement in a newspaper of general circulation in an area affected by the proposed project and/or posting the notice of completion on and off the site in the area where the project is to be located. b) Providing notice to all organizations and individuals who have previously requested it. c) Setting a public hearing on such Draft EIR by the Board at any regularly scheduled Board meeting at least 30 days after filing the Notice of Completion, the Land Manager shall advertise the scheduled public hearing in a newspaper of general circulation in the area where the project is to be located at least 13 days prior to the hearing. This may be done in conjunction with advertising of the Notice of Completion. 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. d) Furnishing copies of the .Draft EIR to the general public, upon request, for a reason- able fee not exceeding the copying cost. e) Sending copies to public agencies having jurisdiction by law, to Areawide Clearing- houses and to appropriate public libraries. 3. After a 30 day review period, and consideration of the comments received during that time, the Board shall certify that the final EIR has been completed in compliance with CEQA, and that it has considered the information contained in the EIR prior to approval of the project. This must be a consequential process. The the Board shall: 1) Approve the project as presented and authorize the District Clerk to file a Notice of Determin- ation (Appendix G) with the County Clerk of the county or counties in which the project will be located, and with the Secretary for Resources if the project requires discretionary approval from a State agency. If serious adverse environmental consequences have been identified in the EIR, a statement may be attached to the Notice of Determination which Page nine Waiver. At any time the General Manager or the Board may 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 or State law. Appendix A Categorical Exemptions Note: Except for the underlined examples, the information in this appendix is taken verbatim from the amended State Guide- lines which were adopted to implement CEQA. Underlined exam- ples in the text are provided for Open Space District use and application. 15101. Class 1: Existing Facilities. Class 1 consists of the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing, including but not limited to: (a) Interior or exterior alterations involving such things as interior partitions, plumbing and electrical convey- ances; (b) Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewage, or other public utility services; (c) Existing highways and streets, sidewalks, gutters, bicycle, and pedestrian trails•, and similar facilities (e.g. park roads and trails) except where the activity will involve removal of scenic resources including but not limitedto a stand of trees, a rock outcropping, or an historic building. (d) Restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide:, or flood; (e) Additions to existing structures, provided that the addition will not result in an increase of more than 50% of the floor area of the structures before the addition or 2500 square feet, which ever is less; (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices; (g) New copy on existing on and off -premise signs; replacement of an existing sign; Page two (h) Maintenance of existing landscaping, nature growth, and water supply reservoires (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code); i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs, and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources; (j) Fish stocking by the California Department of Fish and Game, Open Space District stock programs approved by California Department of Fish and Game; (k) Division of existing multiple -family rental units into condominiums; ( (1) Demolition and removal of individual small structures listed in this subsection except where the structures are of historical, archeological or architectural significance. 1) Single family residence not in conjunction with the demolition of two or more units. 2) Hotels, apartments, and duplexes designed for not more than four dwelling units if not in conjunction with the demolition of two or more such structures; 3) Stores, offices and restaurants if designed for an occupant load of 20 persons or less, if not in conjunction with the demolition of two or more such structures. 4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. 35102. Class 2: Replacement or Reconstruction. Class 2 consists of replacement or reconstruction of existing structures and facil- ities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced including but not limited to: (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake -resistant structures which do not increase capacity more than 50%. (b) Replacement of a commercial structure with a new structure of substantially the same size and purpose. (c) Replacement or reconstruction of a recreation staging Page three area or cluster which does not increase the capacity or area by more than 50%. 15103. Class 3: New Construction of Small Structures. Class 3 consists of construction and location of single, new, small facilities or structures and installation of small new equip- ment and facilities, including but not limited to: (a) Single-family residences not in conjunction with the building of two or more such units. (b) Motels apartments and duplexes designed for not more than four dwelling units if not in conjunction with the building of two or more such structures. (c) Stores, offices and restaurants if designed for an occupant load of 20 persons or less, if not in con- junction with the building of two or more such structures. (d) Water mains, sewage, electrical, gas and other utility extensions of reasonable length to serve such construction. (e) Accessory (Appurtenant) structures including garages, carports, patios, swimming pools, and fences. 15104. Class 4: Minor Alterations to Land. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of mature scenic trees except for forestry. and agricultural purposes. Examples include but are not limited to: (a) Grading on land with a slope of less than 10%, except where it is to be located in a waterway, in any wetland, in an officially designated (by federal, state, or local government action) scenic area, or in officially mapped areas of severe geologic hazard. (b) New gardening or landscaping (c) Filling of earth into previously excavated hand with material compatible with the natural features of the site. (d) Minor alterations in land, water, and vegetation on existing officially designated wildlife management areas of fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production. (e) Minor temporary uses of land having negligible or no permanent effect on the environment, including carni- vals, sales of Christmas trees, special group events, equestrian events. age four (f) Minor trenching and backfilling where the surface is restored. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all State and regulatory agencies. 15105. Class 5: Alterations in Land Use Limitations. Class 5 consists of minor alterations in land use limitations, except zoning, including but not limited to: (a) Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel nor in any change in land use or density: (b) Issuance of minor encroachment permits, land use agreements, deed restrictions, concession permits. 15106. Class 6: Information Collection. Class 6 consists of basic data collection research experimental management, and re- source evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be for strictly information -gathering purposes, or as a part of a study leading to an action which a public agency has not yet approved, adopted or funded. 15107. Class 7:. Actions by Regulatory Agencies for Protection of Natural Resources. Class 7 consists of actions taken by regulatory agencies as authorized by State law or local or- dinance to assure the maintenance, restoration or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include, but are not limited to, wildlife preservation activities of the State Department of Fish and Game. Construction activities are not included in this exemption. 15108. Class 8: Actions by Regulatory Agencies for Protection of the Environment. Class 8 consists of actions taken by regulatory agencies, as authorized by State or local ordinance, to assure the maintenance restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities are not included in this exemption. 15109. Class 9: Class 9 consists of activities limited entirely to inspection, to check for performance of an operation, or quality, health or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or alduteration of products. Page five 15110. Class 10: Loans. Class 10 consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase. Act of 1943, mortages for the purchase of existing structures where the loan will not be used for new construction, and the purchase of such mortages by financial institutions. Class includes, but is not limited to, the following examples: (a) Loans made by the Department of Veterans Affairs under the Veterans Affairs under the Veterans Firm and Home Purchase Act of 1943. (b) Purchases of mortgages from banks and mortage companies by the Public Employees Retirement System and by the State Teachers Retirement System. 15111. Class 11: Accessory Structures. Class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institu- tional facilities, including but not limited to: (a) On -premise signs; (b) Small parking lots. 15112. Class 12: Surplus Government Property Sales. Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide interest or potential of critical concern as identified in the Governor's Environmental Goals and Policy Report prepared pursuant to Govern- ment Code Sections 65041 et.seq. However, if the surplus property to be sold is located in those areas identified in the Governor's Environmental Goals and Policy Report, its sale is exempt if: (a) The property does not have significant values for wildlife habitat or other environmental purposes, and (b) Any of the following exist: 1) The property is of such size or shape that it is incapable of independent development or use, or 2) The property to be sold would qualify for an exemption under any other class of categorical exemption in Article 8 of these guidelines, or 3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. Page six 15113. Class 13: Acquisition of Lands for Wildlife Conservation Purposes. Class 13 consists of the acquisition of lands for fish and wildlife conservation purposes, including preservation of fish and wildlife habitat, establishing ecological reserves under Fish and Game Code Section 1580, and preserving access to public lands and waters where the purpose of the acquisition is to pre- serve land in its natural condition. 15114. Class 14: Minor Additions to Schools. Class 14 consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or five classrooms, whichever is less. The addition of portable classrooms is included in this exemption. 15116. Class 16: Transfer of Ownership of Land in Order to Create Parks. Class 16 consists of the acquisition or sale of land in order to establish a park where the land is in a natural condition or contains historic sites or archeological sites and either: (a) The management plan for the park has not been pre- pared, or (b) The management plan proposes to keep the area in a natural condition or preserve the historic or.arche- ological site. CEQA will apply when a management plan is proposed that will change the area from its natural condition or significantly change the historic or archaeological site. (c) Merger with city of a district lying entirely within the boundaries of the city. 15117. Class 17: Open Space Contracts or Easements. Class 17 consists of the establishment of agricultural preserves, the mak- ing and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to main- tain the open space character of the area. The cancellation of such preserves, contracts, interests, or easements is not included. Appendix C Midpeninsula Regional Open Space District Initial Study PART I A. Name, location, and brief description of project: B. A Description of the environmental setting: C. The project is/is not compatible with existing zoning and general plans. If not, please explain below: D. For identification environmental effects, see attached checklist. (PART II) E. For a discussion of any potential significant effects and ways to mitigate them, if any, see attached sheets. F. Recommended Action: Negative Declaration Environmental Impact Report G. Persons who prepared this Initial Study: Date: H. Name and Address of proponent: Appendix C (col. Page two PART II Identification of Environmental Impacts: (Explanations of "yes" and "maybe" answers are included on attached sheets) 1. Geology. Will the project: a. result in an increase in wind or water erosion of soils, either on or off site? b. be located on or adjacent to a known earthquake fault? c. disrupt the soil causing substantial erosion, silta- tion or land sliding. d. cause destruction or modif- ication of any unique gologic feature? 2. Water. Will the project: a. be located in a known flood plain? b. involve alteration (s) of a streamcourse or body of surface water? c. change the quantity of ground waters either through direct additions or withdrawals, or through interception of an acquifer by cuts or excava- tions? d. change absorption rates, drainage patterns, or the rate and amount of surface water runoff? e. involve discharge into; or alteration of, any surface water resulting in reduced water quality, including but not limited to, increased turbidity or dissolved oxygen? 3. Air. Will the project result in: a. substantially increased air emissions or deterioration of ambient air quality? YES MAYBE NO (Te three Appendix C (cont.) YES MAYBE NO b. the creation of objectionable odors? c. alteration of air movement, moisture or temperature, or any change in local or re- gional climate? d. the creation of dust smoke or fumes or the application of potentially hazardous ma- terials such as herbicides or pesticides? 4. Plant and Animal Life. Will the project: a. result in the removal or dis- turbance of any rare or endangered plant or animal? b. reduce the acreage of any ag- ricultural crop? c. result in the removal of substantial amounts of . vegetation? d. alter the ecological balance of an environment unit, either on or off site? e. significantly affect a breeding, feeding, or Nesting area? f. change the diversity or numbers of any species of plant or animal? 5. Natural Resources. Will the project: a. involve the removal or depletion of on -site rock, sand, gravel, trees, oil or minerals? 6. Permit Application. Will the project: a. require the approval of any federal, state, regional or local agency or district? If yes, list below: 7. Noise. Will the project: a. increase ambient noise levels, either on or off -site? Page four Appendix C (cont.) 8. Circulation/Traffic. Will the project: YES MAYBE NO a. generate substantial additional traffic in the area? b. generate the use of off -road vehicles of any kind excepting ranger patrol vehicles? c. require alterations to present circulation patterns? d. have substantial impact on existing road systems? e. effect existing parking facilities or create a demand for new parking facilities? f. increase traffic hazards for motor vehicles_? bicyclists pedestrians? 9. Public Services. Will the project: a. substantially affect a public water supply or sewage disposal system? b. result in a need for increased fire or police protection? c. cause groundwater pollution as a result of new septic systems? d. require the expansion or extension of any public utility? e. require any public service currently operating at or near capacity? 10. Energy. Will the project: a. cause the use of substantial amounts of fuel or energy? 11. Land Use. Will the project: a. result in substantial land use changes that would adversley affect the population either on or off site? b. serve to encourage development of presently undeveloped areas, or increase development intensity of already developed areas? c. vary from adopted an community or county policy. rawt Q Page five Appendix C (cont.) d. involve lands currently protected under the Williamson Act or an open space easement? 12. Sociocultural. Will the project: a. result in an alteration of an historic, archeological or paleontological site, structure, object? b. require the relocation of people or businesses currently on site? c. obstruct scenic views or create an esthetically offensive site? YES MAYBE NO Potential Significant Effects* and Mitigation Measures *Mandatory Findings of Significance all listed in Section 15802 and Appendix G of the State Guidelines. Appendix D MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTICE OF DETERMINATION Title of Project Decision of Board of Directors and Date: Approval of Project Disapproval of Project Finding of no Significant Impact The undersigned member of the Midpeninsula Regional Open Space District declares that no Environmental Impact Report for this project is being prepared pursuant to the provisions of the California Environmental Quality Act of 1970, as amended. Date District Clerk Appendix E Midpeninsula Regional Open Space District Negative Declaration Title of Project Description, Location, and Name of Proponent of the Project The undersigned member of the Midpeninsula Regional Open Space District finds that the above project has no significant impact on the environment. Date Reasons for Finding* Staff Member Consultant A copy of the Negative Declaration is available at the offices of the Midpeninsula Regional Open Space District, 745 Distel Drive Los Altos, California and shall be posted at the District office on the following dates. Date District Clerk *See Attached Initial Study with Mitigation Measures, if any.