Environmental Review

The California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.) 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, hereafter CEQA Guidelines, Section 15002.)

Because the Commission must issue a discretionary decision (i.e., grant Section 851 authority) without which the proposed activity will not proceed, the Commission must act as either a Lead or 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 City is the Lead Agency for the project under CEQA. The Commission is a Responsible Agency for the 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. The specific activities a Responsible Agency must conduct are contained in CEQA Guidelines, Section 15096.

The City, as Lead Agency, conducted an environmental review for the development of the multi-use trail and found that the project will not have a significant effect on the environment. The City prepared a Negative Declaration, in compliance with CEQA Guidelines, Sections 15070-15704, and a Notice of Determination, in compliance with Public Resources Code, Sections 7-1.01 and 7-10.08. Both documents were dated June 17, 1992 and both confirm the project will not have a significant effect on the environment.

Additionally, because the proposed project will receive federal funds, the California Department of Transportation (Caltrans) conducted its own environmental review in accordance with the National Environmental Policy Act (NEPA), 42, U.S.C.A., Section 4321, et. seq. As a result of its review, Caltrans prepared a Programmatic Categorical Exclusion Determination, dated June 20, 1997, stating the project has no significant effect on the environment as defined by NEPA.

In this application, PG&E requests that the Commission find that the construction and maintenance of the multi-use trail is categorically exempt from CEQA pursuant to Section 15304 of the CEQA Guidelines. Section 15304 categorically exempts minor public alterations to the condition of land, water and/or vegetation (excluding healthy mature trees) and Section 15304(h) lists the creation of bicycle lanes on existing rights-of-way as an example of an appropriate exemption under this category.

Accordingly, we adopt the City's findings and find that an adequate review has been conducted for purposes of our approval and that the project is categorically exempt from CEQA. PG&E's request to approve this project as categorically exempt from CEQA is granted.