HomeMy WebLinkAbout1975-03-19; Municipal Water District; Resolution 331RESOLUTION NO. 331
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT AMENDING LOCAL GUIDELINES OF CARLSBAD MUNICIPAL WATER DISTRICT FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORTS
WHEREAS, the Board of Directors of CARLSBAD MUNICIPAL WATER
DISTRICT has previously adopted Resolution No. 330 on February 19,
1975, adopting revised guidelines for the District implementing the
California Environmental Quality Act, incorporating the original
guidelines adopted April 4, 1973 by Resolution No. 295, as amended
by Resolution No. 313, adopted February 6, 1974 and Resolution No.
317, adopted on June 19, 1974; and
WHEREAS, it is deemed to the best interest of CARLSBAD
MUNICIPAL WATER DISTRICT to amend the local guidelines set forth
in said Resolution No. 330.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL
WATER DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:
Section 4 is amended to read as follows:
Section 4. Ministerial Projects.
A. Ministerial projects are exempt from the require-
ments of CEQA and these Guidelines and consequently no
environmental documents are required therefor. General-
ly speaking, a ministerial project is one requiring
approval by the District as a matter of law or one in-
volving minimal independent exercise of judgment by the
District as to its wisdom or propriety. Examples of
such projects include, but are not limited to, indivi-
dual utility service connections and disconnections, agreements to install intract utility facilities to subdivisions, development of which has been approved by other appropriate governmental agencies, and utility service connections and disconnections to potential
customers within such subdivision.
B. The decision as to whether or not a proposed project is ministerial in nature, and thus outside the scope of this enactment, shall be made by the District on a
case-by-case basis or as part of these guidelines as
hereinafter set forth.
Section 10 is amended to read as follows:
Section 10. Emergency means a sudden and catastrophic calamity,
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caused by an occurrence or combination of occurrences
of statewide or local impact such as fire, floor, landslide, earthquake, or other natural disaster, riot, war, accident, sabotage.
Section 15 is amended to read as follows:
Section 15. Guidelines means the Guidelines for Implementa-
tion of the CEQA of 1970 adopted by the California Re-
sources Agency as they now exist or hereafter may be
amended.
Section 15.5 is deleted in its entirety.
Section 16 is amended to read as follows:
Section 16. Lead Agency means the public agency which has the
principal responsibility for carrying out or approving
a project which may have a significant effect on the en-
vironment where more than one public agency is involved
with the same underlying activity.
Section 17 is amended to read as follows:
Section 17. Negative Declaration means a statement by the District that will carry out or approve a discretionary
project and that such a project, although not categorical-
ly exempt, would not have a significant effect on the environment and therefore does not require an EIR. The term "Exemption Declaration" is interchangeable with the term "Negative Declaration".
Section 18 is amended to read as follows:
Section 18. Notice of Completion means a brief notice 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. (See Exhibit I'D'')
Section 21 is amended to read as follows:
Section 21. Project.
A. Project means the whole of an action which has a
potential for physical impact on the environment,
directly or ultimately, 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
contracts, 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, certificate, or other entitlement for
use.
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Section
Section
Section
C. The term "project" refers to the underlying
activity and not to the governmental approval pro- cess.
21.5 is deleted in its entirety.
26 is amended by addition of the following paragraph:
A. General Rule. The requirements set forth in
these Guidelines apply to projects which may have a significant effect on the environment and which
involve discretionary governmental action. Where
it can be seen with certainty that there is no pos-
sibility that the activity in question may have a
significant effect on the environment, the activity
is not covered by the requirements set forth in
CEQA, and these Guidelines concerning the evaluation
of projects and the preparation and review of environ-
mental documents do not apply.
28 A (2) is amended by the addition of the following
sentence :
The District may also require such person or entity to specify to the best of his knowledge which other
public agencies will have jurisdiction by law over
the project.
Section 29 is amended to read as follows:
Section 29. Negative Declaration.
Following the initial study as described in Section 28, a negative declaration shall be prepared for all
discretionary projects not otherwise exempt upon a finding by the Board that the project will not have a significant effect on the environment. Before com- pletion of a negative declaration, the District shall
consult with all responsible agencies (i.e. other public agencies involved in carrying out or approving the project). The required contents of a negative
declaration and the procedures to be followed in con-
nection with the preparation thereof are as follows:
Section 29 A is amended to read as follows:
A. Contents. A negative declaration shall be a concise, one-page statement 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 along with a statement to support the findings; and
(3) a statement indicating who prepared the initial study and where a copy may be obtained.
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Section 29 C is deleted in its entirety.
Section 29 E - last paragraph - is amended to read as follows:
Said notice then shall be filed with the county
clerk of the county or counties in which the pro- ject is located. If the project requires discre-
tionary approval from a state agency, the Notice
of Determination also shall be filed with the
Secretary for Resources.
Section 29 F is amended to read as follows:
F. Posting Notice of Determination. Simultan-
eously with the filing of the Notice of Determina- tion the District shall cause to be posted at the
District's office a Notice of Determination.
Section 30 B is amended to read as follows:
B. Description of Environmental Setting. 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 including but not limited to
water quality aspects of the proposed project which
have been previously certified by the appropriate
state or interstate organizations as being in sub-
stantial compliance with applicable water quality standards. 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 the 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.
Section 30 C (3) is amended to read as follows:
(3) Mitigation Measures Proposed to Minimize the Impact: Describe avoidable adverse impacts, including inefficient and unnecessary consumption
of energy, and the measures proposed to minimize
these impacts. This discussion shall include an
identification of the acceptable levels to which
such impacts will be reduced, and the basis upon
which such levels were identified. Where alterna-
tive measures are available to mitigate an impact,
each should be discussed and the basis for select-
ing one alternative should be identified. Energy
conservation measures, as well as other appropriate
mitigation measures, shall be discussed. (See Exhibit "F")
Section 30 D is anended by the addition of the following paragraph:
(3) Before completion of a draft EIR, the
District shall consult with all responsible agencies
(i. e. other public agencies involved in carrying
out or approving the project).
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Section 30 E is amended by the addition of the following paragraph:
(3) (a) the period during which comments will be received.
Section 30 G (l)(a) is amended by adding the additional language
to the last sentence:
or as otherwise determined by the Board.
Section 30 J (2) - first paragraph - is amended to read as follows:
(2) Contents. The final EIR shall consist of the draft EIR or a revision thereof; a section
containing a statement of the comments received
through the review and consultation process set
forth in Subparagraphs G and I above, either ver-
batim or in summary; a list of persons, organiza-
tions and public agencies commenting on the draft
EIR; and a section containing a response to the significant environmental points that are raised
in the review and consultation process.
Section 30 X - last sentence - is amended to read as follows:
Members of the public may appear before the Board and present their views prior to the Board's de-
termination to approve or disapprove the project.
Section 31 D is amended to read as follows:
D. Class IV: Minor Alterations to Land. Class IV
consists of minor alterations in the condition of
land, water, and/or vegetation, including but not limited to:
(1) small water diversion facilities;
(2) grading on land with a slope of less then 10 percent except where it is to be located
in a waterway, 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 but not
including tree removal;
(4) filling of earth into previously excava- ted land with material compatible with the natural
features of the site;
(5) minor alterations in land, water and
vegetation on existing officially designated wild-
life management areas of fish production facilities
which result in improvement of habitat for fish
and wildlife resources or greater fish production.
ADOPTED, SIGNED AND APPROVED this 19th day of March, 1975.
&
FRED %/MAERKLE
President ofdarlsbad Municipal
Water District and of the Board
of Directors thereof.
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ATTEST :
c
W. D. CARMICHAEL
Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof.
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1
1 ss.
I, W. D. CARMICHAEL, Secretary of the Board of Directors
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 March, 1975, and that it was so
adopted by the following vote:
AYES: Directors: Carmichael, Engelmann, Kelly,
McLeod and Maerkle
NOES : Directors: None.
ABSENT : Directors: None.
# -W. D. CARMICHAEL
Secretary of Carlsbad Municipal
Water District and of the Board
of Directors thereof.
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EXHIBIT C
NOTICE OF DETERMINATION
DISTRICT
address
TO : County Clerk
County of
Responsible Agency/Division Division
Name of Project
Location
Contact Person Area Code Phone Ex tens ion
The Board of Directors of the District
on f 19 , took the following action concerning the
above project:
1. Determined to [ lapprove [ ldiaapprove the project; and
2. Determined that the project [ ]will [ ] will not have a sig-
nificant effect on the environment.
3. [ I An EIR has been prepared pursuant to the provisions of the
California Environmental Quality Act of 1970, as amended.
[ I A Negative Declaration was prepared for this project pur-
suant to the provisions of CEQA. A copy of the Negative
Declaration is attached.
DATE MANAGER
_" .. . . .
EXHIBIT E
NOTICE OF EXEMPTION
DISTRICT
address
TO: County Clerk
County of
Project Tit le
Project Location - Specific
Project Location - City Project Location - County
Description of Nature, Purpose, and Beneficiaries of Project
Name of Public Agency Approving Project
Name of Person or Agency Carrying Out Project
xempt Status: (Check One)
Ministerial (Sec. 15073) Declared Emergency (Sec. 15071 (a) ) Emergency Project (Sec. 15071 (b) and (c) ) Categorical Exemption. State type and section number:
Reasons why project is exempt:
Contact Person Area Code Telephone Extension
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency
approving the project? Yes No
DATE MANAGER