Environmental Review

The California Environmental Quality Act (Public Resources Code Section 21000, et seq., hereafter "CEQA"), applies to discretionary projects to be carried out or approved by public agencies. A basic purpose of CEQA is to "inform governmental decision-makers and the public about the potential, significant environmental effects of the proposed activities." (Title 14 of the California Code of Regulations, hereinafter, "CEQA guidelines," Section 15002.)

Since the proposed project is subject to CEQA and the Commission must issue a discretionary decision without which the project cannot proceed (i.e., the Commission must act on the application before it for an approval of a sale agreement subject to PU Code Section 851), this Commission must act as either a Lead or a Responsible Agency under CEQA. The Lead Agency is the public agency with the greatest responsibility for supervising or approving the project as a whole (CEQA guidelines Section 15051 (b)).

Here, the County of Stanislaus (the County) is the Lead Agency for the project under CEQA. The Commission is a Responsible Agency for this proposed project under CEQA. CEQA requires that the Commission consider the environmental consequences of a project that is subject to its discretionary approval. In particular, the Commission must consider the Lead Agency's environmental documents and findings before acting upon or approving the project (CEQA guidelines 15050(b)). The specific activities which must be conducted by a Responsible Agency are contained in CEQA guidelines Section 15096.

As the Lead Agency for this project, the Stanislaus County Department of Planning and Community Development prepared and issued on June 8, 2005, an Initial Study and Negative Declaration (ISND) pursuant to CEQA. This ISND reviewed the potential environmental impacts of the GVN project over the entire range of applicable environmental resources and concluded that the instant project could not have a significant effect on the environment. The County also referred the GVN project to the San Joaquin Valley Air Pollution Control District; the Regional Water Quality Control Board; and the State Department of Transportation (CalTrans). No formal comments on the ISND were received from any of these agencies. The County's ISND did identify a number of project elements that would have to be addressed as Conditions of Approval, but these elements did not rise to the level of "mitigation" as generally understood under CEQA. Additionally, none of the Conditions of Approval developed by the County are applicable to GVN, and the Commission has no authority to impose these Conditions on the buyer. For the sake of full disclosure, these elements and conditions are as follows:

· Aesthetics - A Condition of Approval will be added to the project to require that any new outdoor lighting be aimed downward in order to address glare to surrounding areas (ISND, p.5);

· Cultural - Although no cultural resources are known to exist at the GVN project site, a standardized Condition of Approval will be added to the project to address any potential discovery of cultural resources during project implementation (ISND, p.7);

· Hydrology and Water Quality - Two Conditions of Approval were required in this resource area: (1) a Grading and Drainage Plan will be included as part of the project as required by the County Public Works Department; and (2) a Notice of Intent will be required to be filed by the developer (buyer) with the Regional Water Quality Control Board prior to the issuance of a grading permit (ISND, p.10);

· Public Services - Conditions of Approval will be added to this project to insure that the proposed development complies with all applicable fire department standards with respect to access and water for fire protection. Additionally, with the change in use, the project shall comply with all current applicable codes and ordinances for fire protection (ISND, p.13); and

· Utilities and Service Systems - Conditions of Approval will be added to the project to address necessary permits from the County Department of Environmental Resources (ISND, p.15).

The Board of Supervisors of the County of Stanislaus (Board) voted unanimously on August 23, 2005, to approve the GVN project (Rezone Application #2005-06) by adopting Ordinance C.S. 933 approving the buyer's (Wood's Furniture, Inc.) application to rezone the GVN property for its new intended use, and by adopting the Negative Declaration pursuant to CEQA Guidelines Section 15074(b). The Board ordered the filing of a Notice of Determination with the Stanislaus County Clerk-Recorder's Office pursuant to Public Resources Code Section 21152 and California Code of Regulations Section 15075, and made the following findings:

· On the basis of the whole record, including the Initial Study and any comments received, there is no substantial evidence the project will have a significant effect on the environment;

· The Negative Declaration reflects Stanislaus County's independent judgment and analysis;

· The project is consistent with overall goals and policies of the County General Plan; and

· The proposed planned development zoning is consistent with the planned Development General Plan Description.

We have independently reviewed the application by GVN for authority to sell office facilities and related property in Stanislaus County, including the Initial Study Negative Declaration adopted by the County Board of Supervisors. We conclude that the ISND adopted by the County was developed in accordance with CEQA and is adequate for our decision-making obligations as a Responsible Agency.