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