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April 10, 1974 is hereby superseded.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.