HomeMy WebLinkAbout1975-02-19; Municipal Water District; Resolution 330RESOLUTION NO. 330
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A RESOLUTION OF BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT ADOPTING LOCAL GUIDELINES
OF CARLSBAD MUNICIPAL WATER DISTRICT IMPLEMENTING
THE CALIFORNIA ENVIRONMENTAL ACT, AS AMENDED, AND
FOR THE PREPARATION OF ENVIRON-MENTAL IMPACT REPORTS.
WHEREAS, the Board of Directors of CARLSBAD MUNICIPAL
WATER DISTRICT has previously adopted Resolution No. 295 on
April 4, 1973, adopting guidelines for the District implement- ing the California Environmental Quality Act, as amended; and
WHEREAS, the said local guidelines were amended by
Resolution No. 313, adopted on February 6, 1974, and Resolu- tion No. 317, adopted on June 19, 1974; and
WHEREAS, it is deemed to be to the best interest of CARLSBAD MUNICIPAL WATER DISTRICT to combine the local guide-
lines and amendments in one resolution.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF CARLSBAD MUNI-
CIPAL WATER DISTRICT DOES HEWBY RESOLVE AS FOLLOWS:
Resolutions No. 295, 313 and 317 are cancelled and the
following substituted therefor:
ARTICLE I - GENERAL
Section 1 Purposes. This Resolution implements the purposes
and provisions of the California Environmental Quality
Act of 1970 as amended by Chapter 1154 of the Statutes of 1972 (hereinafter referred to as "CEQA") and the
Guidelines for Implementation of the CEQA of 1970 which
have been adopted by the California Resources Agency
(hereinafter referred to as "Guidelines") . The enhance-
ment and long-term protection of the environment and the
encouragement of the public participation in achieving
these goals are objectives of this measure.
Section 2 Objectives. From time to time and under circum-
stances as outlined by this Resolution, a document known
as an environmental impact report (hereinafter referred to as EIR) must be prepared as a prerequisite to
approval of a project. The function of an EIR is to inform the Board of Directors of the environmental effects of proposed projects. The environmental effects set forth in the report are to be evaluated by the Board
of Directors before a project is approved. The Board
retains existing authority to balance environmental
objectives with economic, social, and other relevant
objectives of the proposed project.
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ARTICLE I1 - APPLICABILITY
Section 3 Scope of Applicability. This Resolution applies to
all projects which may have a significant effect on the
environment involving discretionary decision-making on
the part of the District, and which do not fall within
any class of categorical exemptions set forth in Article
8 of the Guidelines and in Article VI1 hereof, are not
emergency projects within the meaning of Article IV
hereof, and which do not constitute feasibility or plan-
ning projects as described in Article V hereof.
Section 4 Ministerial Projects.
A. This Resolution does not apply to ministerial pro-
jects approved by the District. Generally speaking, a ministerial project is one requiring approval by the
District as a matter of law or one involving minimal
independent exercise of judgment by the District as to its wisdom or propriety. Examples of such projects in-
clude, but are not limited to, individual utility service
connections and disconnections, agreements to install intract utility facilities to subdivisions, development of which has been approved by other appropriate govern-
mental agencies, and utility service connections and
disconnections to potential customers within such sub-
division.
B. The decision as to whether or not a proposed pro-
ject is ministerial in nature, and thus outside the scope
of this enactment, shall be made by the District on a
case-by-case basis.
ARTICLE I11 - DEFINITIONS
Whenever the following terms are used in this Resolution, they
shall have the following meaning unless otherwise expressly
defined :
Section 5 Approval means a decision by the District which
commits it to a definite course of action with regard to a particular project, As respects any project to be undertaken directly by the District, approval shall be deemed to occur on the date the Board adopts a reso- lution making the determination to proceed with a pro- ject, which in no event shall be later than the date of adoption of plans and specifications. As respects
private projects defined in Section 21 A (2) and (31,
approval shall be deemed to occur upon the earliest
commitment to issue or the issuance by the District of
a discretionary contract, grant, subsidy, loan, or
other form of financial assistance, lease, permit,
license, certificate, or other entitlement for use of
the project. The mere acquisition of land by the District,
on the other hand, shall not in and of itself be deemed
to constitute approval of a project.
For the purposes of this Resolution, all environmental assessments must be completed as of the time of project approval.
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Section 6 Board means the Board of Directors of Carlsbad Water District.
Section 7 Categorical Exemption means an exemption from the requirement of preparing a negative declaration or an EIR even though the proposed project is discretionary in nature, as more particularly described in Article VI1
infra.
Section 8 Discretionary Project means a project approval of which requires the exercise of independent judgment, deliberation or decision-making on the part of the Dis-
trict.
Section 9 District means the CARLSBAD MUNICIPAL WATER DISTRICT.
Section 10 Emergency means a sudden and catastrophic calamity, caused by an occurrence or combination of occurrences of
statewide or local impact such as fire, flood, landslide,
earthquake, or other natural disaster, riot, war, acci- dent, or sabotage, demanding immediate action to prevent
or mitigate loss or damage to life, health, property or
essential public services.
Section 11 Environment means the physical conditions which
exist in the area which will be affected by a proposed -- project including land, air, water, minerais, flora,
fauna, ambient noise, objects of historic or aesthetic
significance.
Section 12 EIR means a detailed statement setting forth the
matters specified in Section 21100 of the Public Resources Code as more particularly described hereinafter in Section 30.
Section 13 EIS - Environmental Impact Statement means an EIR prepared pursuant to the National Environmental Policy - Act (NEPA).
Section 14 Feasible means capable of being accomplished in a successful manner by reasonably available, economic, and
workable means.
Section 15 Guidelines mean the Guidelines of Implementation of the CEQA of 1970 adopted by the California Resources
Agency as they now exist 02 hereafter may be amended.
Section 15.5 Initial Study means a preliminary analysis pre-
pared pursuant to Section 26 to determine whether an EIR
or a Negative Declaration must he prepared.
Section 16 Lead Agency means the public agency which has the principal responsibility for preparing environmental
documents and for carrying out or approving a project
which may have a significant effect on the environment
where more than one public agency is involved in the
same underlying activity.
Section 17 Negative Declaration means a Statement by the Dis- trict briefly presenting the reasons that the project, although not otherwise exempt, would not have a signi- ficant effect on the environment and therefore does not require an EIR.
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Section 18 Notice of Completion means a brief report filed
with the Secretary for Resources as soon as a District
has completed a draft EIR and is prepared to send out
copies for review.
Section 19 Notice of Determination means a brief notice to be filed by the District when it approves or determines to carry out a project which is subject to the require-
ments of CEQA.
Section 19.1 Notice of Exemption means a brief notice which may be filed by a District when it has approved or determined to carry out a project, and it has determined that it is ministerial, categorically exempt or an
emergency project. Such a notice may also be filed by
an applicant where such a determination has been made
by a District, which must approve the project. The con- tents of this notice are explained in Sections 26.1 (a) and (b).
Section 20 Person includes any person, firm, association,
organization, partnership business, trust, corporation,
company, district, county, city and county, city, town
and the State, and any of the agencies' political sub-
divisions.
Section 21 Project
A. Project means the whole of an action, resulting in
physical impact on the environment, directly or ulti-
mately, that is any of the following:
(1) an activity directly undertaken by the
District;
(2) an activity undertaken by a person which is
supported in whole or in part through contract, grants,
subsidies, loans, or other forms of assistance from the
District;
(3) an activity involving the issuance by the
District to a person of a lease, permit, license, cer-
tificate, or other entitlement for use.
B. Project does not include:
(1) anything specifically exempted by state law;
(2) proposals for legislation to be enacted by
the State Legislature;
(3) continuing administrative or maintenance activities, such as purchases for supplies, personnel-
related actions, general policy and procedure making,
e.g., setting of rates (except as' they are applied to
specific instances covered above), feasibility or
planning studies;
(4) the submittal of proposals to a vote of the
people of the state or of a particular community, i.e.,
the District.
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Section 21.5 Responsible Agency means an agency which pro-
poses to undertake or approve a project but is not the
lead agency for the project, and includes all agencies
having approval power over the project other than the
lead agency.
Section 22 Significant Effect means a substantial adverse
impact on the environment.
Section 23 District's Staff means the District's Manager,
and/or his designee, and Engineer of the District.
ARTICLE IV - EMERGENCY PROJECTS
Section 24 The following emergency projects do not require
the preparation of a negative declaration or an EIR and thus, are outside the scope of this Resolution:
(a) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, dem-
olish or replace property or facilities damaged or destroyed as a result of a disaster in a disaster stricken area in which a state of emergency has been
proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1, Title 2 of the Government Code.
(b) Emergency repairs to any of the District's facilities necessary to maintain service.
(c) Projects undertaken as immediate action necessary to prevent or mitigate an emergency.
ARTICLE V - FEASIBILITY AND . ~- PLANNING STUDIES
Section 25 Feasibility and planning studies of potential
projects undertaken by the District are specifically excepted from the requirements of CEQA and thus are out- side the scope of this Resolution, although such studies may contain considerations of environmental factors
incident to the potential project.
ARTICLE VI - EVALUATING PROJECTS
Section 26 Initial Review for CEQA Exemptions.
A. Preliminary Review. At the outset a proposed acti- vity shall be examined by the District's staff for the
purpose of determining whether it is (1) a project as defined in Section 21 supra, (2) ministerial, (3) an emergency project as described in Article IV, supra,
(4) a feasibility and planning study as described in
Article V, supra, (5) a categorical exemption as described in Article VII, infra, or (6) involves another agency which constitutes the lead agency primarily res- ponsible for the carrying out of the project as described in Section 27, infra.
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B. Staff Finding of No Exemption. If in the judgment of District's staff the proposed activity does not fall within one of the foregoing-categories, it shall pro- ceed with the project evaluation process as outlined
in Section 27. Any person proposing to undertake a project as defined in Section 21 A(2) or A(3), (i.e., a private project), may present his objection to the
staff's determination to the Board at its next regular or special meeting.
C. Staff Finding of Exemption. If in the judgment of
the District's staff, a proposed activity does fall
within one of the categories enumerated in Subparagraph
A, it shall so find on a form entitled Preliminary
Environmental Assessment (a copy of which is attached
hereto as Exhibit "A") unless such activity is specifi-
cally exempted in Sections 4 or 31, or is otherwise declared by the Board not to require a written environ- mental assessment. If so declared or exempted no fur-
ther environmental assessment shall be necessary and
the proposed activity may be carried out in the manner
routinely exercised by the District.
D. Retention of Preliminary Environmental Assessment;
onmental Assessment shall be retained at the District's
office as part of its usual record-keeping process, and
it shall be made available for public inspection during
all regular District office hours. Except as otherwise may be determined by the Board, the date of completion and signing of the Environmental Impact Assessment by the Manager shall be deemed to constitute the date of
approval of the activity.
Availability for Inspection. The Preliminary Envir-
Section 26.1 Notice of Exemption
A. When a District's staff determines that a project
is exempt from the requirements of CEQA because it is
an emergency project, a ministerial project or categor-
ically exempt, and the District approves or determines to carry out the project, it may file a notice of
exemption. Such a notice shall include (1) a brief
description of the project, (2) a finding that the pro-
ject is exempt, including a citation to the local guide- lines section under which it is found to be exempt, and
(3) a brief statement of reasons to support the finding.
B. Whenever a district approves an applicant's project,
it or the applicant may file a notice of exemption. The notice of exemption filed by an applicant shall con-
tain the information required in subdivision A above,
together with a certified document issued by the Dis-
trict stating that it has found the project to be exempt This may be a certified copy of an existing document or
record of the District.
C. The notice of exemption will be filed with the
County Clerk of the county or counties in which the
project will be located. Copies of all such notices
will be available for public inspection.
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Section 27 Lead Agency.
A. Staff Determination of Lead Agency; Recommendation
activity is discretionary in nature and is not other- wise exempt, consideration shall be given by staff to
whether another public agency is primarily responsible for carrying it out or approving it. Staff shall con- sider, among others, the following factors relating to the lead agency principle:
to Board. Upon a determination that a proposed
(1) the lead agency is the public agency with the greatest responsibility for supervising or approving the project as a whole; and
(2) the lead agency generally is the public agency with general governmental powers, rather than an agency with single or limited purposes which is in- volved with the project by reason of the need to pro-
vide a public service or utility service to the project, such as the District.
(3) when any property to be served by the District requires a change in zoning, conditional use permit, variance, subdivision or tract approval or other land use permits or entitlements, the governmental agency responsible therefor shall be the lead agency.
B. Staff Finding that District is Agency with Primary
trict's staff, the project does not involve another Responsibility. If, in the judgment of the Dis-
public agency which-is-the lead agency, it shall pro- ceed with the project evaluation process as outlined in Section 28. Any person proposing to undertake a project as defined in Section 21 A(2) or A(3) (i.e., a
private project) may present his objections to the Staff's determination to the Board at its next regular or special meeting,
C. Staff Finding that Another Public Agency is Lead Agency. If, in the judgment" of the District's staff, the project does involve another public agency which is the lead agency, it shall so find and shall designate the lead agency on the aforementioned Prelim- inary Environmental Assessment. Unless otherwise required by the Board, no further environmental assess-
ment shall be necessary.
Whenever a determination is made that another public agency constitutes the lead agency for undertaking or approving a project, the District shall provide data, upon written request of the lead agency concerning all aspects of the District's activities required to furnish service to the project. The Office of Planning and Research will resolve disputes among public agencies
as to which is the lead agency.
Section 28 Initial Study Procedures.
A. Undertaking the Initial Study; by whom; submission
is discretionary and is not otherwise exempt, and that
the District is the agency with primary responsibility
of data; costs. Upon a determination that a project
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for approval of the project, and initial study shall
be undertaken for the purpose of ascertaining whether
the proposed project may have a significant effect on
the environment, that is, a substantial adverse effect
on the environment.
(1) As to projects defined in Article 111, Sec-
tion 21 A(1) of this Resolution, the initial study shall
be undertaken by the District's staff or by private
experts pursuant to contract with the District.
(2) As to projects defined in Article 111, Sec- tion 21 A(2) and 21 A(3), the person or entitty propos- ing to carry out the project shall submit all data and
information as may be required by the District to
determine whether the proposed project may have a sig-
nificant effect on the environment. Such data and
information shall consider all factors enumerated in
subparagraph B infra. All costs incurred by the Dis- trict in reviewing the data and information submitted
by said person or entity, or in conducting its own
investigation based upon such data and information for
the purpose of determining whether the proposed project might have a significant effect on the environment shall
be borne by the person or entity proposing to carry out
the project.
B. Evaluating Environmental Significance. In deter-
mining whether a project may have a significant effect
on the environment, the District shall-consider both
primary and secondary consequences. Some examples of
consequences which may have a significant effect on the
environment are whether the project:
(1) is in conflict with environmental plans and goals that have been adopted by the community where the
project is to be located;
(2) has a substantial and demonstrable negative
aesthetic effect;
(3) substantially affects a rare or endangered
species of animal or plant, or habitat of such a species;
(4) causes substantial interference with the move-
ment of any resident or migratory fish or wildlife
species ;
(5) breaches any published national, state, or local standards relating to solid waste or litter con- trol;
(6) results in a substantial detrimental effect on air or water quality, or an ambient noise level for
adjoining areas;
(7) involves the possibility of contaminating a
public water supply system or adversely affecting ground
water;
(8) could cause substantial flooding, erosion or
siltation;
(9) is subject to major geologic hazards;
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(10) is likely to generate growth.
In most instances, affirmative findings as to any of the foregoing will require preparation of an EIR.
C. Mandatory Findings of Significance. In every case
where any of the following conditions are found to
exist as a result of a project, the project will be
found to have a significant effect on the environment:
(1) Impacts which have the potential to degrade the quality of the environment, curtail the range of
the environment.
(2) Impacts which achieve short-term, to the dis-
advantage of long-term, environmental goals. A short- term impact of the environment is one which occurs in
a relatively brief definitive period of time while long-
term impacts will endure well into the future.
(3) Impacts for a project which are individually
limited, but cumulatively considerable. A project may
impact on two or more separate resources where the
impact on each resource is relatively small. If the
effect of the total of those impacts on the environment
is significant, an EIR must be prepared. This mandatory
finding of significance does not apply to two or more
separate projects where the impact of each is insigni-
f icant.
(4) The environmental effects of a project will
cause substantial adverse effects on human beings, either
directly or indirectly.
D. Staff Recommendation; Board Action. Staff shall sub- mit its recommendation as to whether a proposed project
may or may not have a significant effect on the environ-
ment to the Board which recommendation shall be sub-
mitted on a form entitled Environmental Impact Assess-
ment (a copy of which is attached hereto as Exhibit "B").
If the Board finds at a regular or special meeting that
the proposed project will not have a significant effect
on the environment, it shall order the preparation and
filing of a negative declaration in accordance with the
provisions of Section 29 infra. If, on the other hand,
the Board finds that the proposed project may have a
significant effect on the environment, it shall order
the preparation and filing of an EIR in accordance with
the provisions of Section 30 infra.
E. Public Participation. Members of the public may
appear before the Board and present their views prior to
the Board's determination under this section.
Section 29 Negative Declaration.
I Following the initial study as described in Section 28,
a negative declaration shall be prepared for all dis-
cretionary projects not otherwise exempt upon a finding
by the Board that the project will not have a signifi-
cant effect on the environment. The required contents of a negative declaration and the procedures to be
followed in connection with the preparation thereof are as follows:
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A. Contents. A negative declaration shall be a con-
cise, one-page statement submitted on a form entitled
"Negative Declaration" and containing the following
information:
(1) a description of the project;
(2) a finding that the project will not have a
significant effect on the environment;
(3) a brief statement of reasons to support the
findings ; and
(4) a statement indicating who prepared the initial
study and stating that a copy may be obtained at the
District Office.
B. Public Availability of Negative Declaration. Upon
completion of a negative declaration, the Manager or
other designated person shall cause a copy of the nega-
tive declaration and the initial study to be filed and
posted at the District's office and made available for
public inspection.
C. Filinq. Upon completion of a negative declaration, it shall be filed with the County Clerk.
D. Board Approval or Disapproval of Project. Follow-
ing the filing and posting of the negative declaration
at the District's office, but in no event sooner than 15 days following the date of such filing and posting,
the Board may consider the project at a regular or
special meeting for purposes of approval or disapproval.
Members of the public may appear before the Board and present their views prior to the Board's determination
to approve or disapprove of the project.
E. Notice of Determination. Following approval or
disapproval of the project, the District shall cause to
be prepared a Notice of Determination on a form attached
hereto as Exhibit "CO which shall contain the following:
(1) the decision of the District to approve or
disapprove the project;
(2) the determination of the District as to whether
the project will or will not have a significant effect
on the environment; and
(3) a statement of whether an EIR has been prepared.
Said notice then shall be filed with the County Clerk
of the county or counties in which the project is
located, with a copy of the negative declaration attached.
F. Posting Notice of Determination. Simultaneously
with the filing of the Notice of Determination, the
District shall cause to be posted at the District's
office a copy of the Notice of Determination, with a
copy of the negative declaration attached.
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G. Costs. As to projects covered by Article 111,
Section 21 A(2) and (3), the person or entity pro- posing to carry out the project requiring approval by the District shall bear all costs incurred by the District in preparing and filing the Negative Declara-
tion.
Section 30 Environmental Impact Reports.
Following the initial study as described in Section 28,
an EIR shall be prepared for all discretionary pro- jects not otherwise exempt upon a finding by the Board
that the project may have a significant effect on the
environment. The required contents of an EIR and the
procedures to be followed in connection with the pre-
paration thereof are as follows in subparagraphs A, B,
and C, infra.
A. Description of Project. The description of the
project shall contain the following information but
should not supply extensive detail beyond that needed
for evaluation and review of the environmental impact.
(1) The precise location and boundaries of the
proposed project shall be shown on a detailed map, preferably topographic. The location of the project
shall also appear on a regional map.
(2) A statement of the objectives sought by the proposed project.
(3) A general description of the project's tech-
nical, economic, and environmental characteristics, con-
sidering the principal engineering proposals.
B. Description of Environmental Settinq. An EIR must
include a description of the environment in the vicinity
of the project, as it exists before commencement of the
project, from both a local and regional perspective.
Knowledge of the regional setting is critical to the
assessment of environmental impacts. Special emphasis
should be placed on environmental resources that are
rare or unique to that region. Specific reference to
related projects, both public and private, both existent
and planned, in the region, should also be included, for
purposes of' examining the possible cumulative impact of
such projects.
C. Environmental Impact. All phases of a project must
be considered when evaluating its impact on the environ-
ment: planning, acquisition; development and operation.
The following subjects shall be discussed, preferably
in separate sections or paragraphs:
(1) The Environmental Impact of the Proposed Action.
Describe the direct and indirect impacts of the project
on the environment, giving due consideration to both the
short-term and long-term effects.
It should include specifics of the area, the re- sources involved, physical changes, alterations to ecological systems and changes induced in population dis- tribution, population concentration, the human use of
the land (including commercial and residential develop-
ment) and other aspects of the resource base such as
water, scenic quality and public services.
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(2) Any Adverse Environmental Effects Which Cannot
Be Avoided if the Proposal is Implemented: Describe
any adverse impacts, including those which can be
reduced to an insignificant level but not eliminated. Where there are impacts that cannot he alleviated with- out imposing an alternative design, their implications and the reasons why the project is being proposed, not-
withstanding their effect, should be described. Do not
neglect impacts on any aesthetically valuable surround-
ings, or on human health.
(3) Mitigation Measures Proposed to Minimize the Impact: Describe any mitigation measures written into the
project plan to reduce significant environmentally ad-
verse impacts to insignificant levels, and the basis for
considering these levels acceptable. Where a particular
mitigation measure has been chosen from among several
alternatives should be discussed and reasons should be given for the choice made.
(4) Alternatives to the Proposed Action: Describe
any known alternatives to the project, or to the location
of the project, which could feasibly attain the basic
objectives of the project, and why they were rejected
in favor of the ultimate choice. The specific alterna-
tive of "no project" must also always be evaluated, along
with the impact. Attention should be paid to alterna-
tives capable of substantially reducing or eliminating
any environmentally adverse impacts, even if these
alternatives substantially impede the attainment of the
project objectives, and are more costly.
(5) The Relationship Between Local Short-Term Uses Of Man's Environment and the Maintenance and Enhancement of Long Term Productivity: Describe the cumulative and long-term effects of the proposed project which adversely affect the state of the environment. Special attention should be given to impacts which narrow the range of beneficial uses of the environment or pose long-term risks to health or safety. In addition, the reasons why the proposed project is believed by the sponsor to be justi-
fied now, rather than reserving an option for further
alternatives, should be explained.
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(6) Any Irreversible Environmental Changes Which Would Be Involved in the Proposed Action Should be Imple- mented: Uses of non-renewable resources during the initial and continued phases of the project may be irreversible since a large commitment of such resources makes removal or non-use thereafter unlikely. Primary impacts and, particularly, secondary impacts (such as a highway improvement which provides access to a non- accessible area) generally commit future generations to similar uses. Also irreversible damage can result from environmental accidents associated with the project. Irretrievable commitments of resources should be
evaluated to assure that such consumption is justified.
(7) The Growth-Inducing Impact of the Proposed Action: Discuss the ways in which the proposed project could foster economic or population growth, either dir-
ectly or indirectly, in the surrounding environment. Included in this are projects which would remove
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obstacles to population growth (a major expansion of
a waste water treatment plant might, for example, allow
for more construction in service areas). Increases in
the population may further tax existing community ser-
vice facilities so consideration must be given to this
impact. Also discuss the characteristic of some pro- jects which may encourage and facilitate other activi-
ties that could significantly affect the environment,
either individually or cumulatively. It must not be assumed that growth in any area is necessarily bene-
ficial, detrimental, or of little significance to the
environment.
D. Preparation of Draft EIR; bywhom:
(1) As to projects defined in Article 111, Section
21 A(1) of this Resolution, the draft EIR shall be under- taken by the District's staff or by private experts
pursuant to contract with the District.
(2) As to projects defined in Article 111, Section 21 A(2) and (3) the person or entity proposing to carry
out the project shall submit a draft EIR, containing the
information required by subparagraph A above, for review and consideration by the District's staff. The Dis-
trict's staff shall analyze the draft EIR submitted pur-
suant to this sub-section to verify its accuracy and
objectivity prior to presenting it to the Board. The
Manager may require additional information and data
from the person or entity proposing to carry out the
project as he may deem necessary for completion of the
draft EIR.
E. Completion of Draft EIR; Notice of Completion. Upon
completion, the draft EIR shall be presented to the Board
for review at a regular or special meeting. If the Board
finds the draft EIR to be in order, it shall authorize
the Manager to file a Notice of Completion with the
Secretary of the Resources Agency on a form attached
hereto as Exhibit I'D". Said Notice shall contain the
following:
(1) a brief description of the proposed project;
(2) the location of the proposed project; and
(3) information indicating where copies of the
draft EIR are available for review.
(4) Filing shall be deemed complete when the Notice
of Completion has been deposited in the United States Mail
addressed to the Secretary for Resources, or when
delivered in person to the Office of the Secretary.
F. Posting of Notice of Completion. Simultaneously with
the filing of a Notice of Completion, the District shall
cause a copy of said Notice to be posted at the District's office and two other public places within the District,
as follows:
U. S. Post Office The Location of the
Carlsbad, California Project
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G. Review of Draft EIR by Other Public Agencies and
Persons with Special Expertise.
(1) General
(a) After filing and posting a Notice of Com-
pletion, the District shall submit copies of the draft
EIR for review and comment to all public agencies having
jurisdiction by law over the proposed project. The
identity of those public agencies having jurisdiction
by law over the project shall be determined on a case-
by-case basis.
(b) The District may send copies of the draft
EIR public agencies or persons with special expertise
whose comments relative to the draft EIR would be desir-
able.
(c) Each public agency and/or person to whom
a draft EIR is sent under (a) or (b) above shall be
advised in writing that they may submit written comments to the District within the time established for review
under paragraph 2 below.
(2) Time for Review. At the time the Board author-
izes the filing of the Notice of Completion it shall
establish a time period so as to permit adequate review
of and comment on the draft EIR by such public agencies
or persons. The period of time, to be established in
the discretion of the Board, shall be based upon the
size and scope of the proposed project; however, in no
event shall the review period be less than thirty (30)
days after the date of mailing or on delivery in person.
(3) Failure to Comment. In the event a public agency or person whose comments on a draft EIR are soli- cited pursuant to Subsection 1 above fails to comment
within the time period established pursuant to Sub- section 2 above, it shall be presumed, absent a written request for a specific extension of time for review and
comment, together with the reasons therefor, that such
agency or person has no comment to make. Any extension of time granted by the District shall be reasonably under the circumstances, but ordinarily shall not cover a period greater than the time period initially estab- lished for review and comment pursuant to Subsection 2
above.
(4) Continued Planning Activities. Continued plan-
ning activities concerning the proposed project, short of formal approval thereof, may continue during the period set aside for review and comment on the draft EIR.
H. Availability of the Draft EIR For Review.
(1) Following the filing of the Notice of Comple- tion as required by Subparagraph E above, copies of the draft EIR also shall be made available at the District's
office for review or acquisition by members of the general public. Any person requesting a copy of the draft EIR from the District shall be charged the actual cost of
reproducing it.
(2) Copies of the draft EIR shall also be made
available to the public library.
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I. Public Hearings.
I
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(1) General. From time to time, depending upon
the nature and location of a proposed project, the Board
in its discretion, may find it desirable to conduct a
public hearing on the environmental impact thereof. In such event the public hearing shall be conducted sub-
sequent to the filing and posting of the Notice of Com-
pletion, but in no event sooner than fourteen (14) days
thereafter. The draft EIR shall be used as the basis
for discussion during any public hearing that may be
held.
(2) Notice. Notice of the time and place of the
public hearing shall be published once in a newspaper of general circulation which is printed, published and
circulated within the District. If thereis no such
newspaper, it may be published in a newspaper of general
circulation within the District and it shall be posted at three public places within the District, one of which
shall be at the principal offices of the District.
Publication or posting shall be done at least 14 days
prior to the date set for public hearing,
also shall indicate where the draft EIR is available for review.
Said notice
(3) Public Hearing During Regular Meeting. A pub-
lic hearing may be scheduled to'be conducted during the
course of a regular meeting of the Board.
(4) Procedures for Conducting Public Hearings.
The procedures for the manner'of conductins the Dublic ~~
hearings shall be prescribed by the Board at theLtime the
hearing convenes. Members of the public who attend shall
be afforded the opportunity to participate in the hearing process.
J. Final EIR.
(1) Preparation. Following the receipt of comments
on the draft EIR by other public agencies and persons
with special expertise as required by Subparagraph G
above, and if a public hearing has been held pursuant
to Subparagraph I above, following such hearing, com-
ments that have been received shall be evaluated and
then a final EIR shall be prepared.
(2) Contents. The final EIR shall consist of the
draft EIR, a section containing a statement of the com-
ments received through the review and consultation pro-
cess set forth in Subparagraphs G and I above, either
verbatim or in summary, and a section containing a
response to the significant environmental points that are raised in the review and consultation process.
The response of the responsible agency to comments received may take the form of a revision of the draft
EIR or may be an attachment to the draft EIR. The
response shall describe the disposition of significant
environmental issues raised (e.g., revisions to the proposed project to mitigate anticipated impacts or
objections). In particular, the major issues raised
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when the responsible agency's position is at variance
with recommendations and objections raised in the
comments must be addressed in detail giving reasons
why specific comments and suggestions were not accep-
ted, and factors of overriding importance warranting
an override of the suggestions.
X. Adoption of Final EIR by Board; Board Approval or
Disapproval of Project. Following preparation of the
final EIR, it shall be presented to the Board at a
regular or special meeting. If the Board finds the
final EIR to be in order, it shall certify it, where-
upon it may proceed immediately to consider the pro-
posed project for purposes of approval or disapproval.
Pdembers of the public may appear before the Board to
approve or disapprove the project.
L. Notice of Determination. Following approval or
disapproval of the project, the District shall cause to
be prepared a Notice of Determination on a form attached hereto as Exhibit "C" which shall contain the following:
(1) The decision of the District to approve or
disapprove the project;
(2) The determination of the Board as to whether the project will or will not have a significant effect on the environment; and
(3) A statement of whether an EIR has been prepared.
Said Notice shall then be filed with the County Clerk of the county or counties in which the project is located.
M. Costs. As to projects covered by Section 21 A(2)
and (3), the person or entity proposing to carry out the project requiring approval by the District shall bear
all costs incurred by the District in preparing and
filing the EIR, as well as all publication costs inci-
dent thereto.
ARTICLE VI1
CATEGORICAL EXEMPTIONS -
Section 31. The following classes of projects, in accordance
with and pursuant to Article 8 of the Guidelines, have
been determined not to have a significant effect on the
environment, and therefore are declared to be categori-
cally exempt from the requirement of preparing a negative
declaration or an EIR. The categorical exemptions
listed herein are not intended to be, and are not to be
construed to be a limitation on the categorical exemp-
tions set forth in Article 8 of the State Guidelines.
A. Class I: Existing Facilities. Class I consists of
the operation, repair, maintenance or minor alteration of all existing District facilities, structures, equipment or other property of every kind which activity involves negligible or no expansion of use beyond that previously existing, including but not limited to:
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(1) water conveyance facilities;
(2) water connection facilities, including meter
(3) fire hydrants;
(4) storage reservoirs;
(5) pump stations;
(6) buildings; and
(7) treatment plants.
boxes;
B. Class 11: Replacement or Reconstruction. Class I1
consists of replacement or reconstruction of any Dis-
trict facilities, structures or other property where the
new facility or structure will be located on the same
site as the replaced or reconstructed facility or struc- ture and will have substantially the same purpose and capacity as the replaced or reconstructed facility or
structure, including but not limited to:
(1) water conveyance facilities;
(2) water connection facilities, including meter
(3) fire hydrants;
(4) storage reservoirs;
(5) pump stations; (6) buildings; and
(7) treatment plants.
boxes ;
C. Class 111: New Construction of Small Structures.
Class 111 consists of construction of new facilities or
structures and installation of new equipment or facili- ties, including, but not limited to:
(1) water main extensions to serve a newly construc-
(2) connecting facilities, including meter boxes,
ted single family residence; and
to serve a newly constructed single family residence.
D. Class IV: Minor Alterations to Land. Class IV consists of minor public or pri-vate alterations in the condition of land, water and/or vegetation which do not involve the removal of mature, scenic trees except for
forestry and agricultural purposes. Examples include but are not limited to:
(1) small water diversion facilities;
(2) grading on land with a slope of less than 10 per cent except where it is to be located in a water- way, in any wetland, in an officially designated (by
Federal, State or local governmental action) scenic area, or in officially mapped areas of severe geologic hazard;
(3) new gardening or landscaping;
(4) filling of earth into previously excavated land with material compatible with the natural features of the site;
(5) 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.
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E. Class V: Information Collection. Class V con-
sists of basic data collection, research, experimental management and resource evaluation activities which
do not result in a serious or major disturbance to an
environmental resource. These activities may be undertaken strictly for information gathering purposes
or as part of a study leading toward the undertaking of a project.
F. Class VI: Inspection. Class VI consists of
inspection activities, including but not limited to
inquiries into the performance of an operation and exami-
nations of the quality, health or safety of a project.
G. Class VII: Accessory Structures. Class VI1 con- sists of the construction or placement of minor struc-
tures accessory to or appurtenant to existing commercial,
industrial or institutional facilities, including small
parking lots.
H. Class VIII: Surplus Personal Property. Class VI11
consists of sales of surplus District personal property.
ARTICLE VI11 - RETENTION OF COMMENTS
AND AVAILABILITY OF COMMENTS FOR REVIEW
Section 32. All written comments received on a draft EIR through the formal consultation process provided for in
Section 30 E, as well as all written comments that may be received independently of said process, shall be re- tained at the District's office for a period of at least one year following approval or disapproval of the
project to which they relate. In addition, said com- ments shall be made available for public inspection at
all reasonable times.
ARTICLE IX - SUBSEOUENT EIR'S
Section 33. Where an EIR has been prepared, no additional
EIR need be prepared unless:
A. Substantial changes are proposed in the project which will require major revisions of the EIR, due to the involvement of new environmental impacts not con-
sidered in the original EIR.
B. There are substantial changes with respect to the
circumstances under which the project is to be under-
taken, such as a change in the proposed location of the
project, which will require major revisions in the EIR
due to the involvement of new environmental impacts not covered in the original EIR.
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ARTICLE X - USE OF A SINGLE EIR FOR
MORE THAN ONE PROJECT
Section 34.
A. Two Projects Undertaken at the Same Time. A single
EIR may be utilized to describer'more than' one project when the projects are essentially the same in terms of environmental impacts. Any environmental impacts
peculiar to any one of the projects must be separately set forth and explained.
B. Later Projects. An EIR on an earlier project may be utilized to apply to a later project if the environ- mental impacts of the projects are essentially the same.
If there are environmental impacts applicable to the
later project whiah were not associated with the earlier project, the earlier EIR must be amended to
separately set forth and explain said impacts.
ARTICLE XI - PARTIAL INVALIDITY
Section 35. In the event any part or provision of this Resolu-
tion shall be determined to be invalid, the remaining portions of this Resolution which can be separated from the invalid unenforceable provisions, shall neverthe- less continue in full force and effect.
.-
ADOPTED, SIGNED AND APPROVED this 19th day of February, 1975.
FRED ,AIL MAERKLE
President
Water Dist and of the Board
of Directors thereof.
far 1 sbad Municipa 1
ATTEST :
w0.u W. D. CARMICHAEL
Secretary of Carlsbad Municipal
Water District and of the Board
of Directors thereof.
I-
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO 1
I, W. D. CARMICHAEL, Secretary of the Board of Direc-
tors Of CARLSBAD MUNICIPAL WATER DISTRICT, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted by the Board of
Directors of CARLSBAD MUNICIPAL WATER DISTRICT at a regular
meeting of said Board held on the 19th day of February, 1975,
and that it was so adopted by the following vote:
AYES: Directors: Carmichael, Englemann, Kelly, MacLeod and Maerkle
NOES : Directors: None
ABSENT: Directors: None
4308-
W. D. CARMICHAEL Secretary of Carlsbad Municipal Water District and of the Board
of Directors thereof.
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EXHIBIT A
. -.
I'
I
CARLSBAD MUNICIPAL WATER DISTRICT
5780 EL CAMINO
CARLSBAD, CALIFORNIA 92008
PRELIMINARY ENV I RONMENTAL AS SE S SMENT
Name of Project
Locat ion
Entity or Person Undertakinq Project:
, A. CARLSBAD MUNICIPAL WATER DISTRICT
B. Other:
1. Name: 2. Address:
Staff Determination
The District's staff, having undertaken and completed a pre-
liminary review of this project in accordance with the District's
resolution entitled "Local Guidelines of the Carlsbad Municipal
Water District Implementing the California Environmental Quality
Act of 1970, as Amended" has concluded that this project does not
require further environmental assessment because:
( ) 1. The proposed action does not constitute a project within the meaning of Section 21.
( ) 2. The project is a Ministerial Project under Section 4.
( ) 3. The project is an Emergency Project under Section 24.
( ) 4. The project constitutes a feasibility or planning study
under Section 25.
( ) 5. The project is Categorically Exempt under Section 31.
Applicable Exemption Class
( ) 6. The project involves another public agency which con- stitutes the lead agency.
Name of Lead Agency
DATE : MANAGER
4 . - 4
c
EXHIBIT B
CARLSBAD MUNICIPAL WATER DISTRICT
ENVIRONMENTAL IMPACT ASSESSMENT
Name of Project
Location
Entity or Person Undertakinq Project
A. CARLSBAD MUNICIPAL WATER DISTRICT
B. Other:
1. Name:
2. Address:
Staff Determination
The District's staff, having undertaken and completed an
initial study of this project in accordance with Section 28 of
the District's resolution entitled "Local Guidelines of the
Carlsbad Municipal Water District Implementing the California
Environmental Quality Act of 1970, as Amended" for the purpose of ascertaining whether the proposed project might have a sig-
nificant effect on the environment, has reached the following conc lus ion :
( ) 1. The project could not have a significant effect on the
environment; therefore, a negative declaration should
be prepared.
The project could have a significant effect on the
environment; therefore, an EIR will be required. ( ) 2.
DATE :
MANAGER
3 .-
EXHIBIT C
CARLSBAD MUNICIPAL WATER DISTRICT
NOTICE OF DETERMINATION
Responsible Agency/Division Division
Name of Project
Location
Area Code Phone Extension Contact Person
The Board of Directors of the Carlsbad Municipal ‘Water District
on I 19-, took the following action concerning
the above projects:
1. Determined to (approve) (disapprove) the project; and
2. Determined that the project (will) (will not) have a signigicant effect on the environment.
An EIR (has) (has not) been prepared pursuant to the provisions of the California Environmental Quality Act of 1970, as amended.
DATE MANAGER
6 P
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EXHIBIT D
CARtSBAD MUNICIPAL WATER DISTRICT
5780 EL CAMINO
CARLSBAD, CALIFORNIA 92008
NOTICE OF COMPLETION
Responsible Agency Division
Name of Project
Locat ion
Contact Person Area Code Phone Extension
PROJECT DESCRIPTION OF NATURE, PURPOSE, AND BENEFICIARIES
Project Location - City
Project Location - County
Address where copy of draft EIR is available
DATE MANAGER I