20050412_r

RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION CERTIFYING THAT THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE FITZGERALD MARINE RESERVE MASTER PLAN, WHICH CONSISTS OF THE DRAFT EIR DATED NOVEMBER 10, 2003 AND THE FINAL EIR DATED JUNE 2004, IS COMPLETE, CORRECT, AND ADEQUATE AND PREPARED IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT BY ADOPTING FINDINGS AND ADOPTING A MITIGATION MONITORING AND REPORTING PLAN; AND ADOPTING THE FITZGERALD MARINE RESERVE MASTER PLAN DATED MAY 2002 BASED ON THE CLARIFICATIONS IDENTIFIED IN THE FINAL EIR DATED JUNE 2004

______________________________________________________________

RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the County CEQA Guidelines provide that the County must certify that a Final Environmental Impact Report prepared for a project that may have significant environmental effects has been completed in compliance with CEQA; and

WHEREAS, in June 2003, the County prepared an Initial Study of the Fitzgerald Marine Reserve Master Plan which determined it was a project subject to CEQA, and concluded that an Environmental Impact Report (EIR) should be prepared to address potentially significant environmental impacts as a result of the project; and

WHEREAS, on June 16, 2003, the County prepared, published and circulated, pursuant to the requirements of CEQA and the State CEQA Guidelines, a Notice of Preparation in order to obtain comments from interested persons and agencies on the proposed scope of the EIR; and

WHEREAS, a Scoping session was held on June 25, 2003, to solicit public comment on issues to be addressed in the Draft EIR (DEIR); and

WHEREAS, on November 10, 2003, the DEIR was published and distributed to the State Clearinghouse, State and local agencies and special districts, public libraries, other known interested parties, and was made available to the general public, thereby commencing a 45-day period for public review and comment on the adequacy and contents of the DEIR in accordance with the requirements of CEQA. A Notice of Completion of the DEIR specifying the public review and comment period and hearing date was posted and circulated in accordance with the requirements of CEQA; and

WHEREAS, on January 7, 2004, the Parks and Recreation Commission, an appointed Commission to the San Mateo County Board of Supervisors, held a public hearing on the Fitzgerald Marine Reserve Master Plan and received written and verbal comments on the DEIR which were received by the County and were made a part of the record of comments on the DEIR; and

WHEREAS, other written comments on the DEIR were received by the County during the public review period and were made a part of the record of comments on the DEIR; and

WHEREAS, on January 30, 2004, the 45-day public comment period on the DEIR terminated; and

WHEREAS, in September 7, 2004, the County completed and published the Final EIR (FEIR) containing all comments received by the County on the DEIR, responses to those comments raising environmental issues and revisions to the DEIR text made thereby, changes to mitigation measures in connection therewith, and additional environmental information with respect thereto; and

WHEREAS, the FEIR was made available to the public and distributed in accordance with the requirements of CEQA, and was made available to those public agencies that had submitted comments on the DEIR; and

WHEREAS, Public Resources Code Section 21081.6 requires that when a public agency adopts findings pursuant to Public Resources Code Section 21081 (concerning potential significant environmental impacts that will be generated by a project being approved), the public agency must adopt a Mitigation Monitoring and Reporting Program (MMRP) for the changes to the project that it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment; and

WHEREAS, on October 7, 2004, the Parks and Recreation Commission held a public hearing on the FEIR and accepted public testimony concerning the FEIR, and a written transcript was made of the hearings as part of the record of proceedings concerning the FEIR; and

WHEREAS, the Board of Supervisors received and the Board of Supervisors has heard, and has been presented with and is familiar with all of the information in the administrative record, has reviewed and considered the information in the DEIR, and the FEIR for completeness and compliance with CEQA, the State CEQA Guidelines and the County’s CEQA Guidelines, and has independently reviewed and analyzed the FEIR;

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Board of Supervisors based on the foregoing facts and circumstances, and the administrative record concerning the EIR, which includes the public written and oral testimony received on the DEIR and FEIR, finds and certifies that:

1.

The Fitzgerald Marine Reserve Master Plan is complete, correct and adequate and prepared in accordance with the California Environmental Quality Act.

2.

The FEIR consists of the following documents:

a.

The Draft EIR (November 2003).

b.

The Final Environmental Impact Report (FEIR) (dated June 2004), which includes (1) revisions to the DEIR made in response to comments; (2) comments received from the public, written and oral, and written responses to public comments; and (3) the Mitigation Monitoring and Reporting Program.

c.

Supplemental responses to public comments.

3.

All comments made on the DEIR that raised environmental issues were responded to adequately in the FEIR and in supplemental responses pursuant to the requirements of CEQA, and the FEIR does not contain significant new information requiring additional public review.

4.

The FEIR reflects the independent judgment of the County.

5.

The FEIR has been completed and processed in accordance with the requirements of CEQA, the State CEQA Guidelines, and the County’s CEQA Guidelines.

6.

The Statement of Findings and Facts in support of Findings regarding the

Fitzgerald Marine Reserve Master Plan, attached to this Resolution as Exhibit 1, is adopted.

7.

The Mitigation Monitoring and Reporting Program for the Fitzgerald Marine Reserve Master Plan, which is located in the Final EIR dated June 2004, is adopted; and further

IT IS DETERMINED AND ORDERED that the Board of Supervisors adopt the Fitzgerald Marine Reserve Master Plan dated May 2002 based on the clarifications identified in the Final EIR dated June 2004.

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Exhibit 1

Impacts and Mitigations as Identified in the Environmental Impact Report

BIOLOGICAL IMPACTS

1. The San Vicente Creek Restoration Plan, Habitat Management Plan for the Red-Legged Frog and Water Quality Management Plan may include recommendations that could adversely affect special status species and sensitive habitat.

2. Project construction and tree removal could cause the loss of active raptor nests or young.

3. Placement, use and maintenance of existing and new trails could adversely impact special status plant species.

4. If plans for facilities included in the Master Plan are not in compliance with Local Coastal Plan policies that protect natural resources, adverse impacts to sensitive habitat at the Pillar Point Marsh and San Vicente Creek riparian corridor may occur.

5. If plans for the facilities proposed in the Master Plan result in waste discharges into the Reserve’s waters, there is a potential for adverse impacts to the reef and underwater communities of the Reserve, and the new discharges would be in violation of the California Ocean Plan.

Finding

1. Components to be included in the preparation of and implementation of the three plans defined in Recommended Implementation actions #10,11, and 12 (San Vicente Creek Restoration Plan, Habitat Management Plan for the Red Legged Frog, and Water Quality Management Plan). These three plans shall contain resource assessment section and a plan implementation section written by a qualified biologist. The biologist will survey for sensitive habitats and special status species in the areas to be covered by each plan during the appropriate seasons for survey. The biologist will also assess the potential for impacts to sensitive status species or habitats from actions included in each plan, and provide recommendations in the plan implementation section on how to meet the objectives of the plan while also avoiding or mitigating adverse impacts to sensitive habitats or special status species. The San Vicente Creek Restoration Plan will determine the location of the proposed footbridge over the creek, and provide recommendations and measures for avoidance of adverse impacts specific to the footbridge. If any aspect of these plans has the potential to adversely affect listed species, the County shall consult with the appropriate agencies (i.e. CDFG or USFWS) to ensure that impacts will be avoided and mitigation is adequate.

2. To avoid impacts to breeding raptors, preconstruction surveys for raptors shall be conducted and avoidance measures shall be implemented if necessary. No project activities that could cause raptors nest abandonment should occur prior to the surveys. The nesting season for raptors in the Bay Area extends from January through August. A qualified biologist shall conduct the surveys no more than 14 days prior to the initiation of these activities during the late part of the breeding season (May through August). If any raptor nesting activity is discovered, tree removal should be postponed until the young have fledged.

3. The County shall implement San Mateo County Trails Plan Design Guidelines 1.10.1.2 Native Vegetation, 1.10.1.3 Barriers, 1.10.1.4 Biology, and 1.10.2.1 Sensitive Habitat. These Design Guidelines are listed below:

D.G. 1.10.1.2 Native Vegetation Existing vegetation shall only be removed as

necessary to accommodate the trail clearing width.

D.G. 1.10.1.3 Barriers Trail design shall include barriers to control trail use and prevent environmental damage. Barriers may include fences, gates, vegetation, stiles, and/or fallen trees or branches.

D.G. 1.10.1.4 Biology Biological resources shall be conducted as specific trail routes outside of urban areas are implemented. Assessments shall be conducted by a qualified biologist and will include surveys for sensitive habitats and special status species in the appropriate seasons. These assessments shall include aligning the trail to avoid impacts to sensitive habitats, special status species, and heritage and significant trees. If any trail alignment may affect such resources, the County will consult with the appropriate agencies (i.e. the CA Department of Fish Game, U.S. Fish and Wildlife Service, and National Marine Fisheries Service) to ensure that impacts will be avoided or mitigation is adequate. The report will also discuss the trail’s consistency with relevant local and regional conservation and recovery plans. If mitigation is not feasible to a level of insignificance the trail should not be constructed at that location. Conflicts between trail alignment and resource protection shall be decided in the favor of resource protection.

D.G. 1.10.2.1 Sensitive Habitat To the maximum extent feasible, trail alignments shall avoid impacts to sensitive habitat, including habitats for special status plants and animals. Trail alignments shall be evaluated on a case-by-case basis by a professional biologist to identify impact avoidance measures or mitigation measures for biotic impacts. Consideration should be given to:

• Rerouting the trail

• Periodic closures

• Revegetation prescriptions including replacement vegetation based on habitat acreage or plant quantity

• Buffer plantings

• Discrete barrier fencing that accommodates wildlife passage

• Other appropriate measures

In addition to the measures described in the San Mateo County Trails Plan Design Guidelines, boardwalks could be used to avoid or minimize impacts on natural resources.

4. When construction plans for the facilities included in the Master Plan are prepared, site constraints, including sensitive habitat shall be thoroughly considered, and the facilities shall be designed to comply with Local Coastal Plan policies that protect natural resources including sensitive habitat. Additional design features and Best Management Practices, such as berms between the riparian area and parking area, grading to direct runoff away from sensitive habitat, and surfacing with permeable materials, shall be used to ensure that riparian areas will not be adversely impacted.

5. When construction plans for facilities included in the Master Plan are prepared, design features shall be included to ensure that the new facilities do not introduce new waste discharges into the Reserve.

Statement in Support of Finding

No impacts are expected to occur as a result of the adoption of the Master Plan. Impacts could occur as a result of construction or physical improvements. When specific projects are proposed they will be evaluated for CEQA compliance and any potential impacts identified will be reduced to a level of insignificance as the result of the recommended mitigation measures.

GEOLOGY AND SOIL IMPACTS

1. The project area may experience shaking or other seismic hazard from a significant earthquake during the design life of the buildings.

2. Structures included in the Reserve system may be subject to shaking or other seismic hazard from a significant earthquake.

3. The informal trail system on the bluffs may be contributing to erosion.

Finding

1. Design and engineering of the Education Center shall comply with the specifications included in a site-specific geotechnical report provided by a qualified geotechnical consultant.

2. The County shall implement San Mateo County Trails Plan Design Guidelines 1.13.1 Hazards and 1.13.3 Structures for the proposed footbridge over San Vicente Creek and all other structures associated with trails (i.e. stairways). These Design Guidelines are listed below:

D.G. 1.13.1 Hazards Appropriate surveys shall be conducted as part of the trail route site planning to identify the occurrence of any potentially hazardous geologic conditions. Such areas shall be avoided or necessary construction design measures shall be incorporated into the design of the trail to assure that:

• Users will not be exposed to the identified hazard

• Trails would not contribute to increasing the degree or extent of the instability.

• Drainage from the trail will be routed away from the instability.

D.G. 1.13.3 Structures Where structures are proposed a geotechnical evaluation shall be conducted to identify engineering methods to reduce the potential for structural failure due to geological hazards.

3. The Master Plan includes the preparation of a Master Landscape and Trails Plan, which will specify improvements to designated trails and restoration of informal trails causing resource damage. For all trail design, construction, and management proposed in the Master Plan, Design Guideline 3.7 as found in the San Mateo County Trails Plan shall be implemented in order to reduce erosion along new and existing trails to less than significant levels. All undesignated trails should be closed and repaired. Design Guideline 3.7 Grading and Drainage is as follows:

D.G. 3.7.1 Extent of Grading No large scale grading shall be used for trail construction unless in conjunction with a development project where large-scale grading has been found acceptable. Trail designs shall conform to the County Excavating, Grading, Filling, and Clearing Ordinance.

D.G. 3.7.2 Cut and Fill the degree of cut allowed on a slope depends on the soil type, hardness, and surrounding natural resources. Ultimate cuts shall be contoured to blend with the natural slopes. Berms of earth, rocks or wood on the outside of the trail may be necessary. Steep areas shall be handled by limited terracing or building steps to avoid large-scale grading. Steps must be reinforced with stone or wood.

D.G. 3.7.3 Soil Disturbance In order to reduce erosion and maintenance problems, disturbance of the soil surface shall be kept to a minimum. Only those rocks, stumps and roots, which interfere with safe passage, shall be removed.

D.G. 3.7.4 Drainage Trail designs shall comply with the County Surface Runoff Management Plan. Surface water shall be diverted from trails by out sloping the trail tread between 1% and 3% where feasible. Other trail drainage techniques may include rolling dips, culverts, or ditches on sides of trails.

D.G. 3.7.5 Erosion Control Plans Where a potential for significant soil erosion exists along a new trail alignment, specific erosion control plans shall be prepared by a qualified professional. Criteria to be used in determining the erosion potential include: slope, soil type, soil composition, and permeability and the relative stability of the underlying geologic unit. The erosion control plans shall comply with erosion control policies in the San Mateo County General Plan and the Local Coastal Plan.

Statement in Support of Finding

No impacts are expected to occur as a result of the adoption of the Master Plan. Impacts could occur as a result of construction or physical improvements. When specific projects are proposed they will be evaluated for CEQA compliance and any potential impacts identified will be reduced to a level of insignificance as the result of the recommended mitigation measures.


RESOLUTION NO. _____________
BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA
*** * * * * ***
RESOLUTION CERTIFYING THAT THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE FITZGERALD MARINE RESERVE MASTER PLAN, WHICH CONSISTS OF THE DRAFT EIR DATED NOVEMBER 10, 2003 AND THE FINAL EIR DATED JUNE 2004, IS COMPLETE, CORRECT, AND ADEQUATE AND PREPARED IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT BY ADOPTING FINDINGS AND ADOPTING A MITIGATION MONITORING AND REPORTING PLAN; AND ADOPTING THE FITZGERALD MARINE RESERVE MASTER PLAN DATED MAY 2002 BASED ON THE CLARIFICATIONS IDENTIFIED IN THE FINAL EIR DATED JUNE 2004
______________________________________________________________
RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the County CEQA Guidelines provide that the County must certify that a Final Environmental Impact Report prepared for a project that may have significant environmental effects has been completed in compliance with CEQA; and

WHEREAS, in June 2003, the County prepared an Initial Study of the Fitzgerald Marine Reserve Master Plan which determined it was a project subject to CEQA, and concluded that an Environmental Impact Report (EIR) should be prepared to address potentially significant environmental impacts as a result of the project; and

WHEREAS, on June 16, 2003, the County prepared, published and circulated, pursuant to the requirements of CEQA and the State CEQA Guidelines, a Notice of Preparation in order to obtain comments from interested persons and agencies on the proposed scope of the EIR; and

WHEREAS, a Scoping session was held on June 25, 2003, to solicit public comment on issues to be addressed in the Draft EIR (DEIR); and

WHEREAS, on November 10, 2003, the DEIR was published and distributed to the State Clearinghouse, State and local agencies and special districts, public libraries, other known interested parties, and was made available to the general public, thereby commencing a 45-day period for public review and comment on the adequacy and contents of the DEIR in accordance with the requirements of CEQA. A Notice of Completion of the DEIR specifying the public review and comment period and hearing date was posted and circulated in accordance with the requirements of CEQA; and

WHEREAS, on January 7, 2004, the Parks and Recreation Commission, an appointed Commission to the San Mateo County Board of Supervisors, held a public hearing on the Fitzgerald Marine Reserve Master Plan and received written and verbal comments on the DEIR which were received by the County and were made a part of the record of comments on the DEIR; and

WHEREAS, other written comments on the DEIR were received by the County during the public review period and were made a part of the record of comments on the DEIR; and

WHEREAS, on January 30, 2004, the 45-day public comment period on the DEIR terminated; and

WHEREAS, in September 7, 2004, the County completed and published the Final EIR (FEIR) containing all comments received by the County on the DEIR, responses to those comments raising environmental issues and revisions to the DEIR text made thereby, changes to mitigation measures in connection therewith, and additional environmental information with respect thereto; and

WHEREAS, the FEIR was made available to the public and distributed in accordance with the requirements of CEQA, and was made available to those public agencies that had submitted comments on the DEIR; and

WHEREAS, Public Resources Code Section 21081.6 requires that when a public agency adopts findings pursuant to Public Resources Code Section 21081 (concerning potential significant environmental impacts that will be generated by a project being approved), the public agency must adopt a Mitigation Monitoring and Reporting Program (MMRP) for the changes to the project that it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment; and

WHEREAS, on October 7, 2004, the Parks and Recreation Commission held a public hearing on the FEIR and accepted public testimony concerning the FEIR, and a written transcript was made of the hearings as part of the record of proceedings concerning the FEIR; and

WHEREAS, the Board of Supervisors received and the Board of Supervisors has heard, and has been presented with and is familiar with all of the information in the administrative record, has reviewed and considered the information in the DEIR, and the FEIR for completeness and compliance with CEQA, the State CEQA Guidelines and the County’s CEQA Guidelines, and has independently reviewed and analyzed the FEIR;

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Board of Supervisors based on the foregoing facts and circumstances, and the administrative record concerning the EIR, which includes the public written and oral testimony received on the DEIR and FEIR, finds and certifies that:
1.	The Fitzgerald Marine Reserve Master Plan is complete, correct and adequate and prepared in accordance with the California Environmental Quality Act.

2.	The FEIR consists of the following documents:
	a.	The Draft EIR (November 2003).
	b.	The Final Environmental Impact Report (FEIR) (dated June 2004), which includes (1) revisions to the DEIR made in response to comments; (2) comments received from the public, written and oral, and written responses to public comments; and (3) the Mitigation Monitoring and Reporting Program.
	c.	Supplemental responses to public comments.

3.	All comments made on the DEIR that raised environmental issues were responded to adequately in the FEIR and in supplemental responses pursuant to the requirements of CEQA, and the FEIR does not contain significant new information requiring additional public review.

4.	The FEIR reflects the independent judgment of the County.

5.	The FEIR has been completed and processed in accordance with the requirements of CEQA, the State CEQA Guidelines, and the County’s CEQA Guidelines.

6.	The Statement of Findings and Facts in support of Findings regarding the Fitzgerald Marine Reserve Master Plan, attached to this Resolution as Exhibit 1, is adopted.

7.	The Mitigation Monitoring and Reporting Program for the Fitzgerald Marine Reserve Master Plan, which is located in the Final EIR dated June 2004, is adopted; and further

IT IS DETERMINED AND ORDERED that the Board of Supervisors adopt the Fitzgerald Marine Reserve Master Plan dated May 2002 based on the clarifications identified in the Final EIR dated June 2004.
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