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