HomeMy WebLinkAbout1978-10-18; Municipal Water District; Resolution 376RESOLUTION NO. 376
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. 356 on January 5,
1977, adopting revised guidelines for the District implementing
the California Environmental Quality Act, incorporating the orig-
inal guidelines adopted April 4, 1973 by Resolution No. 295, as
amended by Resolution No. 313, adopted February 6, 1974; Resolu-
tion No. 317, adopted on June 19, 1974; Resolution No. 330,
adopted February 19, 1975, and Resolution No. 331, adopted on
March 19, 1975; 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. 356.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL
WATER DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:
1. Section 2.5 is added to the local guidelines and reads as follows:
Section 2.5. State Policies Regarding Use of Environ-
Impact Reports
The Legislature has declared that the following policies
shall apply to the use of environmental impact reports:
(a) The purpose of an environmental impact report is to
identify the significant effects of a project on the
environment, to identify alternatives to the project, and to indicate the manner in which such significant effects can be mitigated or avoided.
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(b) nificant effects on the environment of projects it
approves or carries out to the extent it is feasible to
do so.
Each public agency shall mitigate or avoid the sig-
(c) In the event that economic, social, technical, or other conditions make it infeasible to mitigate one or
more significant effects of a project on the environ-
ment, such project may nonetheless be approved or
carried out at the discretion of a public agency, pro-
vided that the pro ject is otherwise permissible under applicable laws and regulations.
(d) Environmental impact reports should omit unnecessary
descriptions of projects and emphasize feasible mitiga-
tion measures and alternatives to projects.
(e) Information developed in individual environmental
impact reports should be incorporated into a data base
which can be used to reduce delay and duplication in
preparation of subsequent environmental impact reports.
(f) The EIR process is intended to enable public
agencies in evaluating projects to determine whether a
project may have a significant effect on the environment,
to examine and institute methods of reducing adverse
impacts, and to consider alternatives to a project as
proposed. These steps of analysis and evaluation must
be completed prior to approval of the project. (15011.6)
2. Section 4 is amended by the following additional paragraph:
The information in an EIR constitutes evidence that a
public agency shall consider along with any other infor-
mation which may be presented to the agency.
3. Section 8 is amended to read as follows:
Section 8. Board means the Board of Directors of
CARLSBAD MUNICIPAL WATER DISTRICT.
4. Section 12 is amended to read as follows:
Section 12. District means the CARLSBAD MUNICIPAL WATERSTRICT.
5. Section 21, Subparagraph B, is amended to read as follows:
B. A city or county will have jurisdiction by law with
respect to a project when the city or county having
primary jurisdiction over the area involved is the site
of the project, the area in which the major environmental
effects will occur, and/or the area in which reside those
citizens most directly concerned by any such environ-
mental effects.
6. Section 22 is amended by the addition of the following sentence:
The lead agency will prepare the environmental documents
for the project either directly or by contract. See Section 36 for criteria to determine which agency is
the lead agency. (15030)
7. Section 26.5 is added to the local guidelines and reads as follows :
Section 26.5 Notice of Preparation means a brief notice sent by a Lead Agency to notify the Responsible
Agencies that the Lead Agency plans to prepare an EIR
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for the project. The purpose of the notice is to solicit guidance from the Responsible Agencies as to the scope and content of the environmental in-
formation to be included in the EIR. A sample form
is included as Exhibit H of these Guidelines. The
District is free to develop its own format for this
notice. (15035.7)
8. Section 29 is amended to read as follows:
Section 29. Responsible Agency means a public agency which proposes to carry out or approve a project
for which a Lead Agency has prepared the environ- mental documents. For the purposes of CEQA, the term "responsible agency" includes all public
agencies other than the lead agency which have dis-
cretionary approval power over the project. (15039)
9. Section 34, Subparagraph C is amended by the addition of the
following paragraph :
As soon as a Lead Agency has determined that a project is not exempt and that an initial study will be required to determine whether a Negative Declaration or
an EIR is required, the Lead Agency shall consult with all Responsible Agencies as required by Section 38A.
115080 (9) 1
10. Section 34 F is added to the local guidelines and reads as follows:
F. Non-Delegable Responsibilities.
(a) The Board may not delegate the following functions:
(1) Review and consideration of a final EIR or
Negative Declaration prior to approving a project.
(2) The making of findings as required by Section 39M (2), (3) and (4).
(b) Where an advisory body such as a planning commis- sion is required to make a recommendation on a project to the Board, the advisory body shall also review and
consider the EIR or Negative Declaration. (15055)
D. Projects which are disapproved do not give rise
to the application of CEQA. (15075)
12. Section 36, Subparagraph A, is amended by the following addi- tional paragraph:
(6) The determination of the Lead Agency of whether
to prepare an Environmental Impact Report or a Nega- tive Declaration shall be final and conclusive on all
persons, including Responsible Agencies, as provided
by Section 21080.1 of the Public Resources Codes, unless:
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(a) The decision is challenged as provided in Section 21167 of the Public Resources Code, or
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(b) Circumstances change as provided in Section 42.
13. Section 36, Subparagraph B is amended to read as follows:
B. Lead Agency CEQA Time Limits.
(a) When the District is acting as a Lead Agency for
a project for which the District will grant a lease, license, permit, certificate, or other entitlement for
use, the District shall complete and certify an EIR in
not more than one year or complete and adopt a Negative
Declaration in not more than 105 days.
(1) Different time limits may be established for
different types of projects subject to the 105 day and 1 year maximum time limits.
(2) The time limits shall be measured from the date
on which an application requesting approval for the project is received and accepted as complete by the
District.
(A) State agencies are required to adopt lists and criteria by which to determine the completeness of an application.
(Government Code Section 65940 & 65941).
(B) Local agencies may adopt lists and
criteria by which to determine the com- pleteness of applications. Different lists and criteria may be developed for different
kinds of projects.
(3) The procedures may provide for a reasonable extension of the time periods under this subsection
in the event that compelling circumstances justify additional time and the project applicant consents to the extension.
(4) The Lead Agency may waive the one year time period or the 105 day period if all the following
conditions occur:
(A) The project will require both an EIR
or a Negative Declaration under CEQA and a
EIS or a Negative Declaration under the National Environmental Policy Act,
(B) Additional time will be required to
prepare a combined EIR-EIS, or a combined Negative Declaration under both laws,
(C) The time required to prepare such a
combined document would be less than the time required to prepare each document separately, and
(D) The applicant has requested or con- sented to the waiver.
(5) If the Lead Agency waives the time periods as
provided in the subsection (4), the Lead Agency must
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approve or disapprove the project within 60 days
after the combined document under CEQA and NEPA
has been completed. (Government Code Section
65951).
(b) Within 45 days after accepting an application as
complete, a Lead Agency, for a project involving the
issuance of a lease, permit, license, certificate, or
other entitlement for use, shall make an initial deter-
mination of whether the project will need an EIR or
Negative Dec 1 arat ion.
(c) A Lead Agency shall convene a meeting with one or
more Responsible Agencies to discuss the scope and
content of a proposed EIR as soon as possible but not later than 30 days after the meeting is requested as
provided in this Section. (15054.2)
14. Section 36, Subparagraph C is amended to read as follows:
C. Staff Finding that District is Agency with Primary
Responsibility .
If, in the judgment of the District's staff, the project
does not involve another public agency which is the
Lead Agency, it shall proceed with the project evalua-
tion process as outlined in Section 37, infra. Any
person proposing to undertake a project asfined in
Section 28A(2) or (3), supra, (i.e., a private project)
may present his objections to the staff's determination to the Board at its next regular or special meeting.
15. Section 36, Subparagraph D is amended to read as follows:
D. Staff Finding that Another Public Agency is Lead Aaencv.
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 Preliminary Environmental
Assessment. Unless otherwise required by the Board, no
further environmental assessment 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 District as a Responsible
Agency shall certify its review and consideration of
the Negative Declaration or EIR prior to acting on or
approving a project. [15064 and 10565 (b) I
16. Section 36, Subparagraph E is amended to read as follows:
E.
As soon as possible after receiving a Notice of Prepara-
tion and in no event more than 45 days after receiving
this notice, a Responsible Agency shall inform the Lead
Responsible Agency CEQA Time Limits
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Agency of the scope and content of the environmental
information that the Responsible Agency would need in the EIR. (15054.3)
17. Section 36, Subparagraph F is added to the local guidelines and reads as follows:
F. Process for a Responsible Agency.
(a) General.
A Responsible Agency complies with CEQA by consider- ing documents prepared by the Lead Agency and by reaching its own conclusions on whether and how to approve the project involved. This section identi-
fies the special duties the district will have when
acting as a Responsible Agency.
(b) Response to Consultation.
A Responsible Agency shall respond to consultation by
the Lead Agency in order to assist the Lead Agency in preparing adequate environmental documents for the
project. By this means, the Responsible Agency will
ensure that the documents it will use will comply with
CEQA .
1. In response to consultation, a Responsible Agency shall explain its reasons for recommend-
ing whether the Lead Agency should prepare an
EIR or Negative Declaration for a project.
Where the Responsible Agency disagrees with the Lead Agency's proposal to prepare a Negative
Declaration for a project, the Responsible Agency
should identify the significant environmental
effects which it believes could result from the
project and recommend either that an EIR be prepared or that the project be modified to
eliminate the significant effects.
2. As soon as possible, but not longer than 45 days after receiving a Notice of Preparation
from the Lead Agency, the Responsible Agency shall send a written reply by certified mail.
The reply shall specify the scope and content of the environmental information which would be
germane to the Responsible Agency's statutory responsibilities in connection with the proposed
project. information in the EIR.
The Lead Agency shall include this
(c) Meetings.
The Responsible Agency shall designate employees or
representatives to attend meetings requested by the
Lead Agency to discuss the scope and content of the EIR.
(d) Comments on Draft EIRS and Negative Declarations.
A Responsible Agency should review and comment on
draft EIRS and Negative Declarations for projects which the Responsible Agency would later be asked to
approve. Comments should focus on any shortcomings
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in the EIR, the appropriateness of using a Negative
Declaration, or on additional alternatives or miti-
gation measures which the EIR should include.
comments may deal with any aspect of the project or
its environmental effects.
The
or Negative Declaration.
If a Responsible Agency believes that the final EIR or Negative Declaration prepared by the Lead Agency
is not adequate for use by the Responsible Agency,
the Responsible Agency must either:
1. Take the issue to court within 30 days after the Lead Agency files a Notice of Determination,
2. Be deemed to have waived any objection to
the adequacy of the EIR of Negative Declaration,
or
3. Prepare a subsequent EIR if permissible under Section 15067.
(f) Consider the EIR or Negative Declaration.
Prior to reaching a decision on the project, the
Responsible Agency must consider the environmental effects of the project as shown in the EIR or Negative
Declaration. A new or supplemental EIR can be prepared only as provided in Section 42.
(9) Adoption of Alternatives or Mitigation Measures.
When an EIR has been prepared for a project, the
Responsible Agency shall not approve the project as
proposed if it finds any feasible alternative or
feasible mitigation measure within its powers that would substantially lessen any significant effect
the project would have on the environment. When
considering alternatives and mitigation measures,
a Responsible Agency is more limited than a Lead
Agency. In deciding whether to carry out, finance,
or approve a project, a Responsible Agency has respon-
sibility for mitigating or avoiding only the environ-
mental effects of those activities which are within
the scope of its statutory authorities.
(h) Notice of Determination.
The Responsible Agency should file a Notice of De- termination in the same manner as a Lead Agency under
Section 38F or 39N. (15085.5)
The Office of Planning and Research will resolve disputes among public agencies as to which is the Lead Agency. (15065.5)
(i) Limitations on Local Responsible Agencies.
In applying the duty to mitigate or avoid significant effects on the environment whenever it is feasible to do so, the scope of concern of the District which is
functioning as a Lead Agency shall differ from that
of the District which is functioning as a Responsible
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Agency. shall consider the significant effects, both individual
and cumulative, of all activities involved in the
project.
Agency shall have responsibility for considering only
the significant effects of those activities which it is
required by law to carry out or approve that are in-
volved in a project for which a Lead Agency has pre-
pared an EIR. (15090)
The District functioning as a Lead Agency
The District functioning as a Responsible
(j)
A. Where a Responsible Agency is called on to grant
an approval for a project subject to CEQA for which
another public agency was the appropriate Lead Agency,
the Responsible Agency shall begin to act as the Lead
Agency when any of the following conditions occur:
Shift in Lead Agency Responsibilities.
1.
mental documents for the project, and the statute of limitations has expired for a challenge
to the action of the appropriate Lead Agency.
2. The Lead Agency prepared environmental docu- ments for the project, but the following conditions occur:
The Lead Agency did not prepare any environ-
a. A subsequent EIR is required pursuant to
Section 42.
b. The Lead Agency has granted a final
approval for the project, and
c. The statute of limitations for chal-
lenging the Lead Agency's action
under CEQA has expired.
3. The Lead Agency prepared inadequate environmental
documents without consulting with the Responsible Agency as required by Section 38 and the statute of
limitations has expired for a challenge to the action of the appropriate Lead Agency.
B. When a Responsible Agency assumes the duties of a Lead Agency under this section, the time limits applicable to a Lead Agency shall apply to the actions of the agency.
(15065.3)
(k) by Responsible Agencies.
Adequacy of an EIR or Negative Declaration for Use
A final EIR prepared by a Lead Agency or a Negative Declaration adopted by a Lead Agency shall be conclusively
presumed to comply with CEQA for purposes of use by Responsible Agencies which were consulted pursuant to
Section 15066 unless one of the following conditions occurs:
A. A legal action or proceeding is filed challenging the EIR within the period provided in P.R.C. Section 21167(c), or
B. A subsequent EIR is made necessary by Section 42 of these Guidelines. (15202)
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(11 Conditional Permits
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A. If a lawsuit is filed challenging an EIR or Nega-
tive Declaration for noncompliance with CEQA, Respon-
sible Agencies shall act as if the EIR or Negative
Declaration corrplies with CEQA and continue to process the application for the project according to the time
limits for Responsible Agency action contained in
Government Code Section 65952. In this situation, the
Responsible Agency shall have authority only to grant
a conditional approval or disapproval of the project.
A conditional approval shall constitute approval or
disapproval of the project. A conditional approval
shall constitute permission to proceed with a project
only when the court action results in a final determina-
tion that the EIR or Negative Declaration does comply
with the 9rovisions of CEQA. (P.R.C. 21167.3)
B. This section shall not require a Responsible Agency to process an application for a project where that
Responsible Agency has filed a lawsuit challenging the legal adequacy of the environmental documents prepared
by or for the Lead Agency. (15203)
18. Section 38, opening of paragraph is amended to read as follows:
Section 38. Negative Declaration.
A. Following the initial study as described in Section 37, supra, 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 completion of a draft EIR or adopting a Negative Declaration, the
District shall consult with all responsible agencies
(i.e., other public agencies involved in carrying out or
approving the project). This consultation may take place
during the public review period required by subsection D
of this section.
1. Prior to determining whether a Negative Declara-
tion or Environmental Impact Report is required for a project, the Lead Agency shall consult with all
Responsible Agencies. This first step of consulta- tion may be done quickly and informally.
2. Immediately after deciding that an EIR is
required for a project, the Lead Agency shall send to each Resoonsible Agency by certified mail a
Notice of Preparation stating that an EIR will be prepared. The notice shall also be sent to every
federal agency involved in approving or funding the project.
(a) The Notice of Preparation shall provide the Responsible Agencies with sufficient in-
formation describing the project and the
environmental effects to enable to Responsible
Agencies to make a meaningful response. At a
minimum, the information should include:
(1) Description of the project
(2) Location of the project, and
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(3) Probable environmental effects of the project.
(b) A sample format for a Notice of Prepara-
tion is shown in Appendix J. Public agencies are free to devise their own formats for this
notice. A copy of the Initial Study may be sent with the notice to supply the necessary
information.
(c) The Lead Agency may begin work on the
draft EIR immediately without awaiting
responses to the Notice of Preparation. The
draft EIR in preparation may need to be revised
or expanded to conform to responses to the
Notice of Preparation.
3. After receiving the Notice of Preparation under subparagraph 2, each Responsible Agency shall provide
the Lead Agency with specific detail about the scope
and content of the environmental information related
to the Responsible Agency's area of statutory respon- sibility which must be included in the environmental
impact report.
4. In order to expedite the consultation, the Lead
Agency, a Responsible Agency, of a project applicant may request one or more meetings between representa-
tives of the agencies involved to assist the Lead Agency in determining the scope and content of the
environmental information which the Responsible Agency may require. Such meetings shall be convened
by the Lead Agency as soon as possible, but no later
than 30 days, after the meetings were requested.
The required contents of a Negative Declaration and the
procedures to be followed in connection with the prepara- tion thereof are as follows:
19. Section 38, "A" of Subparagraph A is changed to 'IB".
20. Section 38, "B" of Subparagraph B is changed to "C".
21. Section 38, "C" of Subparagraph C is changed to "D".
22. Section 35, "D" of Subparagraph D is changed to "E".
23. Section 38, ''E1' of Subparagraph E is changed to "F".
-_ 24. Section 38, Present SubparagraGh E, subsection (3) is amended to read as follows:
(3) pursuant to CEQA; and
a statement of whether an EIR has been prepared
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25. Section 38, Present Subparagraph E, is amended by the addition
of and the amendment of the existing language of the sub-
' paragraph after subsection (3) as follows:
(4) The address where a copy of the Negative Declara- tion may be examined.
Said notice then shall be filed with the county clerk
of the county or counties in which the project is located. If the project requires discretionary appro- val from a state agency, the Notice of Determination
also shall be filed with the Secretary for Resources. (15083 f)
26. Section 38, "F" of Subparagraph F is changed to "G".
27. Section 38, ''GI' of Subparagraph G is changed to "H".
28. Section 39, Subparagraph A is amended by the additions of the
following subsections:
(9) When an EIR is required by CEQA and a federal EIS
has been or will be prepared for the same project, all
or any part of the EIS may be used as all or any part
of the EIR; provided, however, that the EIS or part
used shall conply with these Guidelines.
In cases where a federal EIS is used, discussion of
mitigation measures, growth-inducing impact, and energy
conservation will have to be added or supplemented if
the EIS does not include an adequate discussion of
these elements. (15063)
(10) When a project requires both an EIR and an EIS, the Lead Agency shall whenever possible, use the EIS as the EIR as provided in subsection (9).
(11) If a Lead Agency finds that an EIS for a project would not be prepared by the Federal Agency by the time
when the Lead Agency will need to consider an EIR, the Lead Agency should try to prepare a combined EIR-EIS.
To avoid the need for the Federal Agency to prepare a
separate document for the same project, the Lead Agency
must involve the Federal Agency in the preparation of
the EIR-EIS. This involvement is necessary because
federal law generally prohibits a Federal Agency from
using an EIR prepared by a state or local agency
unless the Federal Agency was involved in the prepara-
tion of the document.
(12) When it plans to use an EIS or prepare a joint
EIR--EIS, the Lead Agency shall consult as soon as possi-
ble with the agency that would prepare the EIS.
(13) Where a project will be subject to both CEQA and the National Environmental Policy Act, the one year time limit and the 105 day time limit may be waived pursuant to Section 36B.
(14) Where the Federal Agency circulated the EIS for public review as broadly as state or local law may re- quire and gave notice meeting the standards in Section
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29.
30.
31.
32.
33.
39J, the Lead Agency under CEQA need not recirculate
the EIS for public review. One review and comment
period is enough. The Lead Agency shall give notice
that it will use the EIS in the place of an EIR and that it believes that the EIS meets the requirements
of CEQA. (15063)
Section 39, Subparagraph F, subsection (2) is amended to read
as follows:
(2) Prior to completing the draft EIR, the District
should also consult directly with any person or
organization it believes will be concerned with the
environmental effects of the project.
Section 39, Subparagraph F, subsection (3) is amended by the following additional paragraph:
After determining that an EIR will be required for a project, the District shall send a Notice of Prepara-
tion to each responsible agency as required by Section 38.
Section 39, Subparagraph H, is amended to read as follows:
H. 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
places
1.
2.
at the District's Office and two other public
within the District as follows:
Bulletin Board, City Library, City of Carlsbad, Carlsbad, California.
Bulletin Board, Carlsbad Chamber of
Commerce, Carlsbad, California.
Section 39, Subparagraph J, Subsection (5) is amended to read as follows:
(5) To make copies of EIR's available to the public, the District should furnish copies of draft EIR's to appropriate public library systems, i.e., City of Carlsbad Library.
Section 39, Subparagraph M, is amended by the addition of the
following subsection:
(4) Statement of Overriding Considerations.
(a) Where the decision of the Board allows the occurrence of significant effects identified in
the final EIR without mitigation, the agency must state in writing the reasons to support its
action based on the final EIR and other information
in the record. This statement may be necessary if
the District also makes a finding under Section 39M(2) or (3).
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(b) If an agency makes a statement of over-
riding considerations, the statement should be
included in the record of the project approval
and should be mentioned in the Notice of Deter- mination. (15 0 8 9 )
34. Section 39, Subparagraph P is deleted in its entirety.
35. Section 39 is amended by the addition of the following sub-
paragraph:
Projects of Statewide, Regional or Areawide Significance.
A. Projects meeting the criteria in this section shall be
deemed to be of statewide, regional or areawide significance.
EIRs or Negative Declarations prepared by any public agency
on a project described in this section shall be submitted to the State Clearinghouse and should be submitted also to the
appropriate metropolitan area council of governments for review and comment.
B. The Lead Agency shall determine that a proposed project is of statewide, regional, or areawide significance if the
project meets any of the following criteria:
1. A proposed local general plan, element, or amend- ment thereof ,for which an EIR was prepared.
2. A project which would interfere with the attain- ment or maintenance of state or national air quality standards including:
a. A proposed residential development of more
than 500 dwelling units.
b. A proposed shopping center or business estab- lishment employing more than 1,000 persons or
encompassing more than 500,000 square feet of floor space.
c. A proposed commercial office building employ-
ing more than 1,000 persons or encompassing more
than 250,000 square feet of floor space.
d. A proposed hotel/motel development of more
than 500 rooms.
e. A proposed industrial, manufacturing or pro-
cessing plant, or industrial park planned to house
more than 1,000 persons, occupying more than 40
acres of land, or encompassing more than 650,000
square feet of floor area.
3.
an open space contract made pursuant to the California Land Conservation Act of 1965 (Williamson Act) for any
parcel of 100 or more acres.
4. A project located in and substantially impacting on
an area of critical environmental sensitivity for which
an EIR was prepared including:
A project which would result in the cancellation of
a. The Lake Tahoe Basin
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b. The Santa Monica Mountains Zone as defined
by Section 67463 of the Government Code.
c. The California Coastal Zone as defined in,
and mapped pursuant to, Section 30103 of the
Public Resources Code.
d, An area within 1/4 mile of a wild and
scenic river as defined by Section 5093.5 of the Public Resources Code.
e. The Sacramento-San Joaquin Delta, as defined in Water Code Section 12220.
f, The Suisun Marsh as defined in Public Re- sources Code Section 29101.
g. The jurisdiction of the San Francisco Bay Conservation and Development Commission as
defined in Government Code Section 66610.
5. wildlife habitats including but not limited to riparian
lands, wetlands, bays, estuaries, marshes, and habitats
for rare and endangered species as defined by Fish and
Game Code Section 903.
A project which would substantially affect sensitive
6.
regional water quality standards as stated in the approved areawide wastewater management plan.
A project which would interfere with attainment of
(15161.6)
36. Section 40 is amended by the addition of the following sub- paragraph:
Enforcement Actions by Regulatory Agencies
(a) Class Y consists of actions by regulatory agencies to
enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted or prescribed by
the regulatory agency or law, general rule, standard, or objective, administered or adopted by the regulatory agency. Such actions include, but are not limited to, the following:
(1) The direct referral of a violation of lease, permit, license, certificate, or entitlement for
use or of a general rule, standard, or objective to the Attorney General, District Attorney, or City Attorney as appropriate, for judicial enforce- ment.
(2) The adoption of an administrative decision or order enforcing or revoking the lease, permit,
license, certificate, or entitlement for use or
enforcing the general rule, standard, or objective.
(b) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included
in this exemption. (15121)
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37. Section 42 is amended to read as follows:
A. Where an EIR or Negative Declaration has been prepared,
no additional EIR need be prepared unless:
(1) 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 oriqinal EIR.
(2) There are substantial changes with respect to the
circumstances under which the project is to be under-
taken, such as a substantial deterioration in the air
quality in the area where the project will be located
which will require major revisions in the EIR due to
the involvement of new environmental impacts not covered in the original EIR, or
(3) New information of substantial importance to the project becomes available, and
(a) The information was not known and could not have been known at the time the EIR was certi- fied as complete or the Negative Declaration was
adopted, and
(b) The new information shows any of the follow- ing :
1. The project will have one or more signi-
ficant effects not discussed previously in
the EIR,
2. Significant effects previously examined
will be more severe than shown in the EIR,
3. Mitigation measures or alternatives pre- viously found not to be feasible would in fact be feasible and would substantially
reduce one or more significant effects of the
project, or
4. Mitigation measures or alternatives which were not previously considered in the EIR would substantially lessen one or more signi-
ficant effects on the environment.
B. If the EIR or Negative Declaration has been completed
but the project has not yet been approved, the Lead Agency
shall prepare or cause to be prepared the subsequent EIR before approving the project.
C. If the project was approved prior to the occurrence of the conditions described in Subsection A, the subsequent EIR
shall be prepared by the nublic agency which grants the next
discretionary approval for the project. In this situation
no other Responsible Agency shall grant an approval for the
project until the subsequent EIR has been completed. (15067)
38. The current guidelines are amended to place "ARTICLE XI11 -
STAGED EIR" as a title prior to commencement of Section 46.
-15-
ADOPTED, SIGNED AND APPROVED this 18th day of October, 1978.
DONALD A. MAC LEOD
President of Carlsbad blunicipal Water District and of the Board
of Directors thereof.
ATTEST :
Secretary /6f Carlsbad Municipal Water District and of the Board
of Directors thereof.
-16-
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
ss.
I, FRED W. MAERKLE, 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 18th day of October, 1978, and that it was so
adopted by the following vote:
AYES : Directors: Engelmann, Kelly, MacLeod,
Maerkle and Uhlinger
NOES : Directors : None.
ABSENT: Directors: None.
Secretary Municipal
-17-
t
EXHIBIT C
NOTICE OF DETERMINATION
DISTRICT
(address )
TO: County Clerk
County of
Responsible Agency Division
Name of Project
Location
Contact Person Area Code Phone Ext .
The Board of Directors of the District, on
, 19 - , has approved the above described project and
has taken the following action:
1. Determined that the project will/ will not have a signifi-
2.
cant effect on the environment.
ifornia Environmental Quality Act and was certified pursuant to
Section 15085(g) of the State EIR Guidelines.
3. A statement of Overriding Consideration was/ was not adopted
for this project.
4. Mitigation measures adopted to reduce the impacts of the approved
project :
An Eir has been prepared pursuant to the provisions of the Cal-
Date Manager
__
EXHIBIT G
SIGNIFICANT EFFECTS
A project will normally have a significant effect on the environment if
it will:
(a) Conflict with adopted environmental plans and goals of - the community where it is located;
I (b) Have a substantial, demonstrable negative aesthetic
es effect;
(c) Substantially affect a rare or endangered species of
animal or plant or the habitat of the species;
(d) Interfere substantially with the movement of any resi-
dent or migratory fish or wildlife species;
(e) Breach published national, state, or local standards relating to solid waste or litter control;
(f) Substantially degrade water quality;
(9) Contaminate a public water supply;
(h) Substantially degrade or deplete groundwater resources;
(i) Interfere substantially with groundwater recharge;
Y
(j) Disrupt or alter an archaeological site over 200 years
old, an historic site or a paleontological site except
as part of a scientific study of the site;
(k) Induce substantial growth or concentration of population;
(1) Cause an increase in traffic which is substantial in
relation to the existing traffic load and capacity of
the street system;
(m) Displace a large number of people;
(n) Encourage activities which result in the use of large amounts of fuel, water or energy;
(01 Use fuel, water or energy in a wasteful manner;
(p) Increase substantially the ambient noise levels for
(9) Cause substantial flooding, erosion or siltation;
adjoining areas;
EXHIBIT G
(Page 2)
(r)
(s)
Expose people or structures to major geologic hazards;
Extend a sewer trunk line with capacity to serve new
development;
Substantially diminish habitat for fish, wildlife or
plants;
Disrupt or divide the physical arrangement of an
established community;
(t)
(u)
(v) Create a public health hazard or a potential public
health hazard;
Conflict with established recreational, educational, religious or scientific uses of the area;
substantially to an existing or projected air quality violation, or expose sensitive receptors to substantial pollutant concentrations.
(w)
(x) Violate any ambient air quality standard, contribute
NOTE: Authority cited: Sections 21083 and 21087, Public Resources Code.
Reference: Sections 21000-21176, Public Resources Code.
EXHIBIT H
NOTICE OF PREPARATION
TO : FROM : (Responsible Agency) (District)
I (Address ) (Address) T'l
--.
SUBJECT: Notice of Preparation of a Draft Environmental Impact Report
District will be the Lead Agency and will
prepare an environmental impact report for the project identified below. We need to know the views of your agency as to the scope and
content of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project.
The project description, location, and the probable environmental
effects are contained in the attached materials. A copy of the Initial Study (-)is, (-)is not, attached.
Due to the time limits mandated by State law, your response must be
sent at the earliest possible date but not later than 45 days after
-, receipt of this notice. i Please send your response to at the - address shown above. We will need the name for a contact person in your
agency.
PROJECT TITLE:
PROJECT APPLICANT, IF ANY:
Date : Signature
Title
Telephone