HomeMy WebLinkAbout1973-04-04; Municipal Water District; Resolution 295RESOLUTION NO. 295
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A RESOLUTION OF BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT ADOPTING LOCAL GUIDELINES OF CARLSBAD MUNECIPAL WATER DISTRTCT IMPLEMENTING
THE CALIFORNIA ENVIROJUENTAL QUALITY ACT, AS AMENDED
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 enhancement 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 circumstances
as outlined by this Resolution, a document known as an environmental impact report (hereinafter referred to as an 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 pro- posed 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 relevent objectives of the proposed project.
ARTICLE I1 - APPLICABILITY
Section 3. Scope of Applicability. This Resolution applies to all
projects which may have a significant effect on the environ- ment 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 Guide-
lines and in Article VI1 hereof, are not emergency projects
within the meaning of Article IV hereof, and which do not
constitute feasibility or planning projects as described
in Article V hereof.
Section 4. Ministerial Projects.
A. This Resolution does not apply to ministerial projects 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 include, but are not limited to, individual utility service connections and disconnections, agreements to install intract utility facilities to sub- divisions, development of which has been approved by other appropriate governmental agencies, and utility service con- nections 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.
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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 parti-
cular 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 resolution making the deter-
mination to proceed with a project, which in no event shall
be later than the date of adoption of plans and specifica- tions. As respects private projects defined in Section 21
A (2) and (3), 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, certi-
ficate, or other entitlement for use of She 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.
Section 6. Board means the Board of Directors of Carlsbad Water
District.
Section 7. Categorical Exemption means an exemption from the re- quirement 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 District.
Section 9. District means the Carlsbad Water District.
Section 10. Emerqency 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, accident,
sabotage.
Section 11. Etjvironment means the physical conditions which exist
in the area which will be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient
noise, objects of histokic 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 pre- pared pursuant to the National Environmental Policy Act (NEPA).
Section 14. Feasible means capable of being accomplished in a success- ful manner by reasonably available, economic, and workable means.
Section 15. Guidelines mean the Guidelines for Implementation of the
CEQA of 1970 adopted by the California Resources Agency as they now exist or hereafter may be amended.
Section 16. Lead Aqency means the public agency which has the prin-
cipal responsibility for carrying out or approving a project
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which may have a significant effect on the environment
where more than one public agency is involved with the same underlying acticity.
Section 17. Neqative Declaration means a statement by the District
that will carry out or approve a discretionary project and that such a project, although not categorically 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. 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 requirments of
CEQA.
Section 20. Person includes any person, firm, association, organi-
zation, partnership business, trust, corporation, company,
district, county, city and county, city, town and the State,
and any of the agencies' political subdivisions.
Section 21. Project
A. Project means the whole of an action, reshihting in 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 sup- ported 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, certificate, 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 admiliistrative 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.
Section 22. Siqnificant 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.
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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, demolish 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) Emargency repairs to any of the District's
facilities nedessary 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 outside the scope of
this Resolution, although such studies may contain considera-
tions 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 activity 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 responsible for the carrying out of the
project as described in Section 27, infra.
B. Staff Eindinq 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 proceed 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) (1.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 Findinq 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 atkached hereto as Exhibit "A") unless such activity is specifically exempted in Sections 4 or 31, or is otherwise declared by the Board not to require a written en- vironmental assessment. If so declared or exempted no further environmental assessment shall be necessary and the proposed activity may be carried out in the manner routinely exercised
by the District.
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D.
men
Retention of Preliminary Environmental Assessment: Availability for Inspection. The Preliminary Environ- .tal 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.
Section 27. Lead Aqency.
A. Staff Determination of Lead Aqency; Recommendation to Board. Upon a determination that a proposed activity is discretionary in nature and is not otherwise exempt, consideration shall be given by staff wo whether another public agency is primarily responsible for carrying it out or approving it. Staff shall consider, among others,
the following factors relating to the lead agency principle:
(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 involved with the
project by reason of the need to provide 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 gaency responsible therefor.
shall be the lead agency.
B. Staff Elindinq thatDDistrict is Aqency with Primary
staff, the project does not involve another public agency
which is the lead agency, it shall proceed 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.
Responsibility. If, in the judgment of the District's
C. Staff Findinq that Another Public Aqency is Lead Aqency.
I€, 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 Off ice of Planning and Research will resolve disputes among public agencies as to which is the lead agency.
-- Section 28. Initial Study Procedures
A. Undertakinq the Initial Study; by whom; submission of
discretionary and is not otherwise exempt, and that the
District is the agency with primary responsibility for
data; costs. Upon a determination that a project is
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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, Section
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, Section
21 A (2) and 21 A (3), the person or entity proposing to
carry out the project shall submit all daha and information
as may be required by the District to determine whether the
proposed project may have a significant effect on the en-
vironment. Such data and information shall consider all
factors enumerated in subparagraph B infra. All costs incurred by the District in reviewing the data and infor- mation submitted by said person or entity, or in conduct- ing its own investigation based upon such data and informa-
tion for the purpose of determining whether the proposed pro-
ject might have a significant effect on the environment
shall be borne by the person or entity proposing to carry
out thepproject.
B. Evaluatinq Environmental Sisnificance. In determining
whether a project may have a significant effect on the en- vironment, 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) in 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 movement
of any resident or migratory fish or wildlife species:
(5) Breaches any published national, state, or local
standards relating to solid waste or litter control;
(6) results in a substantial detrimental effect on air or water quality, or an ambient noise levels for ad- joining 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:
(10) is likely to generate growth.
In most instances, affirmative findings as to any of the
foregoing will require preparation of an EIR.
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C. Mandatory Findinqs of Siqnificance. 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:
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(1) Impacts which have the potential to degrade the
quality of the environment, curtail the range of the environ-
ment.
(2) Impacts which achieve short-term, to the disadvan- tage of long-term, environmental goals. A short-term impact on 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 signi- ficance does not apply to two or more separate projects where the impact of each is insignificant.
(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 submit its recommendation as to whether a proposed project may or may not have a significant effect on the environment to the Board which recommendation shall be suhmitted on a form en-
titled Environmental Impact Assessment (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. Neqative Declaration.
Following the infki.31 study as desc#ibed 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. The required contents of a negative declaration and the procedures to be followed in connection with the preparation thereof are as follows:
A. Contents. A negative declaration shall be a concise, one-page statement containing the following information;
(1) a description of the project: and
(2) a finding that the project will not have a
significant effect on the environment.
B. Filinq. Upon completion of a negative declaration, it shall be filed with the counry clerk.
C. Postinq Notice of Neqative Declaration. Simultaneously
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with the filing of a negative declaration with the county
clerk, the Manager shall cause to be posted at the District's
office, a copy of the negative declaration.
D. Board Approval or Disapproval of Project. Following the filing of the negative declaratbon with the county clerk and posting thereof, but in no event sooner than fifteen
days following the date of filing with the county clerk, 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 the project.
E. Notice of Determination. Following approval or disappro- val of the project, the District shall cause to be prepared a Notice of Determination on a form attached hereto as Ex- hllbit "C" which shall contain the following:
(1) the decision of the District to approve or diaapprove 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 cif 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.
F. Postinq 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 Notice of Determination.
G. Costs. As to projects covered by Article 111, 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 Negative Declaration.
Section 30. Environmental Impact Reports
Following the initial szludy as described in Section 28, an
EIR shall be prepared for all discretionary projects not
otherwise exempt upon a finding by the Board that the project
may have a significant effect on the environment. The re-
quired contents of an EIR and the procedures to be followed
in connection with the preparation thereof are as follows in subparagraphs A, B, and C, infra.
A. Description of Project. The desription 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 topo- graphic. The location of the project shall also appear on a regional map.
(2) A statement of the objectives sought by the pro- posed project.
(3) A general descript$.on of the project's technical, economic, and environmental characteristics, congidering the principal engineering proposals.
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B. Decription of Environmental Setkinq. An EIR must include
a description of the environment in the vicinity of the project, * as it exists beeore commencement of the project, from both a local and regional perspective.
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 environment:
planning, acquisithon development and operation. The follow- ing subjectssshall be discussed, preferably in separate
sections or paragraphs.
Knowledge of the regional
(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.
involved, physical changes, alterations to ecological systems
and changes induced in population distribfibion, population
concentration, the human use of the land (including commercial
and residential development) and other aspects of the resource
base such as water, scenic quality and public services.
It should include specifics of the area, the resources
(2) Any Adverse Environmental Effects Which Cannot Be
Avoided if the Proposal is Implemented: Describe any adverse
imDacts. includins those which can be reduced to an insignifi- caLt lebel but no; eliminated. Where there are impacts that
cannot be alleviated without imposing an alternative design,
their implications and the reasons why the project is being
proposed, notwithstanding their effect, should be described.
Do not neglect impacts on any aesthetically valuable sur-
roundings, or on human health.
(3) Mitiqation Measures Proposed to Minimize the Impact:
Describe any mitigation measures written into theproject plan
to reduce significant environmentally adverse impacts to insig- nificant 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 Action3 Describe any
knmn 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 alternative of "no project" must also
always be evaluated, along with the impact. Attention should
be paid to alternatives 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
cumulative and long-term effects of the proposed project which adversely affect the state of the environment. Special atten-
tion should be given to impacts which narrow the range of bene- ficial uses of the environment or pose long-term risks to health or safety. In addition, the reasons why the proposed
of Man's Environment and the Maintenance and
Enhancement of Lonq Term Productivity: Describe the
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project is believed by the sponsor to be justified now,
rather than reserving an option for further alternatives, should be explained.
(6) Any Irreversible Environmental Chanqes Which
Would Be Involved in the Proposed Action Should
Be Implemented: Uses of non-renewable resources
during the initial and continued phases of the project may
be irreversible since a lagge 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 nonaccess-
ible area) generally commit future generations to similar
uses. Also irreversible damage can result from environmental
accidents associhted with the project. Irretrievable commit-
ments of resources should be evaluated to assure that such
consumption is justified.
(7) The Growth-Inducinq Impact of the Proposed Action:
Discuss the ways in which the proposed project could foster
economic or population growth, either directly or indirectly, in the surrounding environment. Included in this are projects which would remove 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 fukther tax existing community service
facilities so consideration must be given to this impact. Also discuss the characteristic of some projects which may encourage and facilitate other activities that could signifi-
cantly affect the environment, either individually or cumula- tively. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of..lLttle significance to the environment.
D. Preparation of Draft EIR; by Whom:
11) As to projects defined in Article 111, Section 21
A (1) of this Resolution, the draft EIR 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, 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 District’s staff shall analyze
the draft EIR submitted pursuant 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 paoposing 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 com- pletion, 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 Re-
sources Agency on a form attached hereto as Exhibit “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 address- ed to the Secretary for Resources, or when delivered in person to the Office of the Secretary.
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F. Postinq 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
G. Review of Dsaft EIR by Other Public Aqencies and Persons
with Special Expertise.
(1) General
(a) After filing and posting a Notice of Comple- tion, the District shall submit copies of the draft EIR for review and comment to all public agencies having juris- diction by law over the proposed project. The fdentity 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 desirable.
(c) Each public agency and/or person to whom a
draft EIR is sent nnder (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 Boadd authorizes 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 solicited pur- suant to Subsection l above fails to comment within the time period established pursuant to Subsection 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 reason- ably under the circumstances, but ordinarily shall not cover a period greater than the time period initially established for review and comment pursuant to Subsection 2 above.
(4) Continued Planninq Activities. Continued planning 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) Follbwing the filing of the Notice of Completion 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.
Copies of the draft EIR shall also be made avail- (2) able to the public library.
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I. Public Hearinqs.
(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
such event the public
sequent to the filing
tion, but in no event
after. The draft EIR
discussion during any
environmental impact thereof. In hearing shall be conducted sub- and posting of the Notice of Comple- sooner than fourteen (14) days there- shall be used as the basis for 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 cir- culated within the District. If there is no such newspaper, it may be publihhed 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. Said notice also shall indicate where the draft EIR is available for review.
(3) Public Hearinq Durinq Reqular Meetinq. A Public
hearing may be scheduled to be conducted during the course
of a rggular meeting of the Board.
(4) Procedures for Conductinq Public Hearinqs. The
procedures for the manner of conducting the public hearings
shall be prescribed by the Board at the time 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, comments that have been re-
ceived 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 comments received
through the review and consultation process set forth in
Subparagraphs G and I above, either verbatim or in summary,
and a section containing a response to the significant environ- mental 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 antici- pated impacts or objections). In particular the major issues raised 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 accepted, and factors of over-riding importancd warranting an over-ride of the suggestions.
K. Adoption of Final EIR by Board: Board Approval or Dis-
approval of Project. Following preparation of the final
EIR, it shall be presented to the Board at a regular or special.
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meeting. If the Board finds the final EIR to be in order
it shall adopt it, whereupon it may proceed immediately to consider the proposed project for purposes of approval or
disapproval. Members of the public may appear before the Board and present their views prior to the Board's determina-
tion to approve or disapprove the project.
L Notice of Determination. Following approval or dis- approval 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 dis- approve 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 in- curred by the District in preparing and filing the EIR, as well as all publication costs incident 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 environ- ment, and therefore are declared to be categorically 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 exemptions set forth in Article 8 of the
State Guidelines.
A. Class 1:Existinq 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:
(1) water conveyance facilities;
(2) water connection facilities, including meter boxes;
(3) fire hydrants; (4) storage reservbbrs;
(5) pump stations; (6) bhuildings; and
(7) treatment plants,
B. Class I1 Replacement or Reconstruction. Class I1 consists
of replacement or reconstruction of any District 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 structure and will have substantially the same pur- pose and capacity as the replaced or reconstructed facility or structure, including but not limited to:
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(1) water conveyance facilities;
(2) water connection facilities, including meter boxes;
(3) fire hydrants; (4) storage reservoirs;
(5) pump stathons;
(6) buildings; and (7) treatment plants.
C, Class 111: New Corstruction of Small Structures.
Class 111 consists of construction of new facilities or structures and installation of new equipment or facilities, including, but not limited to:
(1) water main extensions to serve a newly constructed
(2) connecting facilities, including meter boxes, to
single family residence; and
serve a newly constructed single family residence.
C. Class IV: Minor Alterations to Land. Class IV consists of minor alterations in the condition of land, water and/or vegetation, including but not limitdd 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 aocated on 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 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.
E. Class V: Information Collection. Class V consists of basic data collection, research, experimental management and resource evaluation activities which do not result in a serious or major distrubance 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 limitdd to inquiries into the performance of an operation and examinations of the quality, health or safety of a project.
G. Class VII: Accessory Structures. Class VI1 consists of the conskruction or placement of minor structures accessory to or appurtenant to existing commercial, industrial or institutional facklkkies, including small parking lots.
H. Class VIII: Surplus Personal Property. Class VI11 conkksts of sales of surplus District personal property.
ARTECQE VI11
RETENTION OF COMMENTS AND
AVAILABILITY OF COMMENTS FOR F?EVIEW
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 retained at the District's office for
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.I-
_.
a period of at least one year following approval or disapproval of the project to which they relate. addition, said comments shall be made available for
public inspection at all reasonable time.
In
ARTICLE IX
SUBSEQUENT 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 involve-
ment of new enviromental impacts not considered in the original
EIR.
€3. There are substantial changes with respect to the cir- cumstances under which the project is to be undertaken, 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.
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 describe more than one project when
the projects are essentially the same in terms of environ- mental impacts. Any environmental impacts peculiar to any
one of the projects must be separately set forth and explained.
B.
utilized to apply to a later project if the environmental
impacts of the projects are essentially the same, If there
are environmental impacts applicable to the later project
which were not associated with the earlier project, the
earlier EIR must be amended to separately set forth and explain said impacts.
Later Projects. An EIR on an earlier project may be
ARTICLE XI
PARTIAL INVALIDITY
Section 35. In the event any part or provision of this Resolution
shall be determined to be invalid, the remaining portions of this Resolution which can be separated from the invalid unenforceable provisions, shall nevertheless continue in full force and effect.
ADOPTED, SIGNED AND APPROVED this 4th 8ay of April, 1973.
ATTEST :
W. D. CARMICHAEL
President dd Carlsbad Municipal
Water District and of the Board of Directors thereof.
Secretary of Carlsbad Municipal
Water Distrkct and of the Board
of Directors thereof.
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 1 ss
I, W, D, CARMICHAEL, Secretary of the Boagd 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 4th day of April, 1973, and that it was so
adopted by the following vote:
AYES: Directors: Carmichael, Kelly, McLeod, Maerkle and Palmer.
NOES: Directors : None.
A AB SENT : Directors: None.
W, D. CARMICHAEL
Secretary of Carlsbad Municipal Water Distkict and of the Board
of Directors thereof.
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EXHIBIT A
CARLSBAD MUNICIPAL WATER DISTRICT
5780 EL CAMINO
CARLSBAD, CALIFORNIA 92008
P RELIMBNARY ENVIRONMENTAL AS SE S SMENT
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 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
0
0
0
0
0
0
1.
2.
3.
4.
5.
6.
further environmental assessment because:
The proposed action does not constitute a project within
the meaning of Section 21.
The project is a Ministerial Project under Section 4.
The project is an Emergency Project under Section 24.
The project constitutes a feasibility or planning study
under Section 25.
The project is Categorically Exempt under Section 31.
Applkcable Exemption Class
The project involves another public agency which con-
stitutes the lead agency.
Name of Lead Agency
DATE : MANAGER
EXHIBIT B
CAFUSBAD 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
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 Amenddd" for the purpose of ascertaining whether the proposed project might have a sig- nificant effect on the environment, has reached the following conclusion:
The District's staff, having undertaken and completed an
( ) 1. The project could not have a significant effect on the environment; therefore, a negative declaration should
be prepared.
environment; therefore, an EIR will be required.
( ) 2. The project could have a significant effect on the
DATE :
MANAGER
__ . . .- . . .. .. . . .. . .... . - . . . . - .- ........... . . . .- ___.._~
EXHIBIT C
CARLSBAD MUNICIPAL WATER DISTRICT
NOTICE OF DETERMINATION
Responsible Agency/Divis ion Division
Name of Project
Location
Contact Person Area Code Bhone Extension
The Board of Directors of the Carlsbad Municipal Water District
on 119-1 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.
MANAGER
EXHIBIT D
CARLSBAD MUNICIPAL WATER DISTRICT
5780 EL CAMINO
CARLSBAD, CALIFORNIA 92008
NOTICE OF COMPLETION
Responsible Agency Division
Name of Project
Location
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
__._I
MANAGER