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