HomeMy WebLinkAbout1974-02-06; Municipal Water District; Resolution 313RESOLUTION NO. 313
A RESOLUTION OF BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT AMENDING LOCAL GUIDELINES
OF CARLSBAD MUNICIPAL WATER DISTRICT FOR THE
PREPARATION OF ENVIRONMENTAL IME'ACT REPORTS
Section 10 is amended to read:
Section 10. Emergency means a sudden and catastrophic calamity, caused by an occurrence or combination of occurrences of
statewide or local impact such as fire, flood, landslide,
earthquake, or other natural disaster, riot, war, accident, or sabotage, demanding immediate action to prevent or miti- gate loss or damage to life, health, property or essential
public services.
Section 15.5 is added to read:
Section 15.5. Initial Study means a preliminary analysis prepared
pursuant to Section 26 to determine whether an EIR or a
Negative Declaration must be prepared.
Section 16 is amended to read:
Section 16. Lead Agency means the public agency which has the
principal responsibility for preparing environmental docu-
ments and for carrying out or approving a project which
may have a significant effect on the environment where more than one public agency is involved in the same under-
lying activity .
Section 17 is amended to read:
Section 17. Negative Declaration means a Statement by the Dis-
trict briefly presenting the reasons that the project, although not otherwise exempt, would not have a significant effect on the environment and therefore does not require an
EIR.
Section 21.5 is added to read:
Section 21.5. Responsible Agency means an agency which proposes project but is not the lead agency
for the project, and includes- all agencies having approval - power over the project other than the lead agency.
Section 29 is amended to read:
A. Contents. A negative declaration shall be a concise, one-page statement submitted on a form entitled "Negative Declaration" and containing the following information:
(1) a description of the project;
(2) a finding that the project will not have a significant effect on the environment;
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(3) a brief statement of reasons to support the
(4) a statement indicating who prepared the initial
findings ; and
study and stating that a copy may be obtained at the District Office.
B. Filin . Upon completion of a negative declaration, it shal + e filed with the County Clerk.
C. Posting Notice of Negative Declaration. Simultaneously with the filing of a negative declaration with the County
Clerk, the Manager shall cause to be posted at the Dis- trict's office, a copy of the negative declaration.
D. Board Approval or Disapproval of Project. Fo%lowing
the filincr of the nesative declaration with the county clerk
and postikg thereof, -but in no event sooner than fifteen davs 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 dis-
approval of the project, the District shall cause to be prepared a Notice of Determination on a form attached here- to 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 District as to whether
the project will or will not have a significant effect on the environment; and
(3) a statement of whether an EIR has been prepared.
Said notice then shall be filed with the county clerk of the county or counties in which the project is located, with a copy of the negative declaration attached.
F. Posting Notice of Determination. Simultaneously with the filing of the Notice of Determination the District shall cause to be posted at the District's office a copy of the Notice of Determination, with a copy of the negative declaration attached.
G. Costs. As to projects covered by Article 111, Sec- tion= (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 31 "D" is amended to read:
D. Class IV: Minor Alterations to Land. Class IV consists
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of minor public or private alterations in the condition of land, water and/or vegetation which do not involve the removal of mature, scenic trees except for forestry and agricultural purposes. Examples include but are not limited to:
(1) small water diversion facilities;
(2) grading on land with a slope of less than 10 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;
(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.
ADOPTED, SIGNED AND APPROVED this 6th day of February, 1974.
Pres idenfhf Carlsbad Municipal Water D strict and of the Board of Directors thereof.
ATTEST :
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W. D. CARMICHAEL
Secretary of Carlsbad Municipal Water District and of the Board
of Directors thereof.
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
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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 6th day of February, 1974, and that it was so
adopted by the following vote:
AYES :
NOES :
ABSENT :
Directors: Carmichael, Engelmann, Kelly,
McLeod and Maerkle
Directors : None.
Directors : None.
Secretary of Carlsbad Municipal Water District and of the Board
of Directors thereof.
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