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HomeMy WebLinkAbout1985-05-15; Municipal Water District; Resolution 462RESOLUTION NO. 462 RESOLUTION OF THE BOARD OF DIRECTORS OF OF COSTA REAL MUNICIPAL WATER DISTRICT ADOPTING PROCEDURES IMPLEMENTING CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, The Costa Real Municipal Water District adopted amended guidelines for compliance with the California Environ- mental Quality Act by Resolution No. 376 in 1978; and WHEREAS, the Secretary for Resources has adopted new guide- lines for implementation of the California Environmental Quality Act; and WHEREAS, the Legislature amended the Act in certain respects during 1984; and 15022 of Title 14 of the California Administrative Code require the District to adopt implementing objectives, criteria and procedures; WHEREAS, Public, Resources Code section 21082 and section NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED by the Board of Directors of the Costa Real Municipal WAter District as follows: 1. That the PROCEDURES IMPLEMENTING CALIFORNIA ENVIRON- MENTAL QUALITY ACT (effective May 15, 19851, a copy of which is attached hereto as Exhibit A, be and they are adopted as the objectives, criteria and procedures of the District for evaluation of projects, the preparation of environmental docu- mentation and the administering of the District's responsibi- lities under the California Environmental Quality Act. 2. That such procedures shall be incorporated in'the Administrative Code of the Costa Real Municipal Water District as Article 7. 3. That such procedures shall take effect May 15, 1985, and shall supersede the guidelines adopted by Resolution No. 376, except as otherwise provided in said procedures. PASSED, APPROVED AND ADOPTED on the 15th day of May, 1985. ATTEST : I COSTA REAL ') I ADMINISTRATIVE CODE 7 I Page 1 of 1i TITLE: PROCEDURES IMPLEMENTING CEQE. Latest Revision May 15, 1985 ARTICLE 7. PROCEDURES IMPLEMENTING CALIFORNIA ENVIRONMENTAL X 9UALITY ACT Sec. 7.1. Purposes of Procedures These procedures are intended to implement the purposes and provisions of the California Environmental Quality Act (hereinafter referred to as "CEQA"), as set forth in Public Resources Code section 21,000 et seq., and the Guidelines for Implementation of the California Environmental Quality Act (hereinafter ref erred to as "State CEQA Guidelines"), developed by the Office of Planning and Research and adopted by the Secretary for Resources, as set forth in Title 14 of California Administrative Code sections 15,000 et seq. Sec. 7.2. Short Title These procedures may be cited as the "District's CEQA Procedures." Sec. 7.3. Leqal Authority for Procedures These procedures are adopted pursuant to the requirements of section 21082 to adopt objectives, criteria and procedures for the evaluation of projects and the preparation of environmental documentation and which requires that such objectives, criteria and procedures must be consistent with--the provisions of CEQA and with the State CEQA Guidelines. Sec. 7.4. Prior District Guidelines These procedures shall replace the District's Guidelines Implementing California Environmental Quality Act, as amended by Resolution No. 376 on October 18, 1978. These procedures apply prospectively only and shall apply to steps in the CEQAprocess not yet undertaken on the effective date of these procedures, provided, however, that any document meeting the content requirements in effect when the document was set out for public review need not be revised to conform to any new COSTA REAL MUNICIPAL WAER DISTRICT ..- - .. . EEjEDmES IMPLEMENTING CEQA ADMl N I STRATI VE CODE Latest Revi s ion I May 15, 1985 I ARTICLE 7. PROCEDURES IMPLEMENTING CALIFORNIA ENVIRONMENTAL - 9UALITY ACT (continued) See. 7.4. Prior District Guidelines (continued) content requirements in these procedures which take effect before the document is finally approved. Sec. 7.5; Effective Date These procedures shali take effect May 15, 1985. Sec. 7.6. Incorporation of State CEOA Guidelines Pursuant to the authority granted by section 15022(d) of the State CEQA Guidelines, the District adopts and incorporates by reference the State CEQA Guidelines to the extent that they are applicable to local agencies such as the District. A copy of the State CEQA Guidelines shall be maintained on file at the offices of the District with these procedures, and any future amendment to the State CEQA Guidelines shall be deemed automaticalAy incorporaCad into these procedrnes on'-the 120th day after tW efrectioe date of the amendment, or on such earlier date as may be required by the amendment . -- See. 7.7. Supplementary Procedures These procedures are intended to tailor the general provisions of the State CEQA Guidelines to the specific operations of the District, In the event of any irreconcilable conflict, the State CEQA Guidelines shall prevail over these procedures. Sec. 7.8. Additional Definitions Article 20 (commencing with section 15350) of the State CEQA Guidelines contains definitions of terms used throughout those guidelines, unless a term is otherwise defined in a particular section, Those definitions COSTR REAL MUNICIPAL .. .- WAER - L . -- _. DImCT - ADMINISTRATIVE CODE PROCEDURES IMPLEMENTING CALIFORNIA ENVIRONMENTAL - ARTICLE 7. PUALITY ACT (continued) I Page 3 of 12 TITLE: PROCEDURES IMPLEMENTING CEQA Latest Rev i s ion May 15, 1985 7 Sec. 7.8. Additional Definitions (continued) shall apply to these procedures, .and in addition, thereto, the following definitions shall apply: (a) "District" means the Costa Real Municipal Water District. (b) "Board" means the Board of Directors of the Costa Real Municipal Water District. (c) "Decision-making body," when used in reference to the District, means the Board. (d) "Staff " means the District's General Manager or his or her designee. Sec. 7.9. Deleqation of Responsibilities (a) Except as otherwise provided in these procedures, in order to expedite the operations of the District all steps and functions involved in the process of preparing environmental documents are delegated to the District's Staff who, upon approval of the Board, may be assisted by private consultants and others pursuant to contracts with the District. The foregoing delegation of responsibilities to Staff shall govern all projects of the District unless otherwise ordered by the Board. Staff shall advise the Board of steps being taken in the preparation of environmental documents. The Board reserves the right to overrule any decision or conclusion of Staff, to reassign responsibilities to private consultants or a committee of the Board, or to assume such responsibilities itself. (b) The Board shall not delegate, and hereby reserves to itself, the responsibility for: (i) Reviewing and approving a draft EIR before it is sent out for public review. COSTA REAL 7 MUNICIPAL WAER DImlCT . . . .- -. -. . i ADMINISTRATIVE CODE PROCEDURES IMPLEMENTING CALIFORNIA ENVIRONMENTAL - ARTICLE 7. PUALITY ACT (continued) Sec. 7.9. Delegation of Responsibilities (continued) (iilcertifying that a final EIR had been completed in compliance with CEQA and reviewing and considering the information contained in the final EIR prior to ' the project, approving . (iii) Approving approving (iv) Making of a negative declaration prior to a project. findings as required by section 15091- of ,he State CEQA Guidelines. (VI Making of the statement of overriding consideration as required by section 15093 Of the State CEQA Guidelines. Sec. 7.10 Lead Aqency Procedures 7.10.1. Preliminary Review, Where the District is the lead agency, Staff shall act on behalf of the District in making the preliminary review described in section 15060 of the State CEQA Guidelines. 7.10.2. Notice of Exemption. If as a resuIt of the preliminary review, Staff d-etermines that a particular activity is exempt from CEQA, Staff may prepare a Notice of Exemption, substantially in the form of Appendix E to the State CEQA Guidelines, which shall be filed with the county clerk of the county in which the project will be located after approval of the project by the Board. However, failure to comply with this section shall not affect the validity of the approval of any of the project. 7.10.3. Initial Study. Where the District is the lead agency, Staff shall prepare an initial study, as described in section 15063(d) of the State CEQA Guidelines, to determine if the project may have a significant effect on the environment. However, if it COSTR REAL MUNICIPAL WAER DISTRICT ..-... _.. ..-- .. I 7 TITLE: I PROCEDURES IMPLEMENTING CEQA 1. \ ADMINISTRATIVE CODE Latest Revision I May 15, 1985 ARTICLE 7. . PROCEDURES IMPLEMENTING CALIFORNIA ENVIRONMENTAL 9UALITY ACT (continued) Sec. 7.10. Lead Aqency Procedures. (continued) can be clearly determined without an initial study that an EIR will be required for the project, an initial study is not required,. unless a tiered EIR is appropriate pursuant to section 21094 of the Public .Resources Code. 7.10.4. Decision to Prepare EIR. If Staff ' det-ermines that an EIR is required, it shall file with the Board a copy of its initial study, or if there be no initial study,-a statement of its reasons why an EIR is required. If the Board concurs with the Staff recommendation, it shall direct preparation of the EIR either by Staff or pursuant to contract with private consultants. 7.10.5. Decision to Prepare Negative Declaration. If Staff determines from the initial study that a negative declaration should be prepared, it shall prepare a proposed negative declaration for public review and shall fix a date for a public hearing by the Board. Staff shall give notice to the public at least 15 days prior to the adoption by the Board of the negative declaration: (a) by written notice to all organizations and individuals who have previously requested such notice; (b) by posting a copy at the principal office of the District; and (c) by publication at least one time in a newspaper of general circulation in the area affected by the proposed project. Staff may provide additional notice by other means. The public review period for a proposed negative declaration shall be at least 15 days, unless the proposed negative declaration must be submitted to the State Clearinghouse for review by state agencies, in which case the public 1 6 12 I Page of .-. -. . . . . I 6kT&DURES IMPLEMENTING CEQA 1 I ADMINISTRATIVE CODE I ARTICLE 7. PROCEDURES IMPLEMENTING CALIFORNIA ENVIRONMENTAL QUALITY ACT (continued) I' 1 Sec. 7.10. Lead Agency Procedure (continued) review period shall be at least 30 days. At the time and place set forth in the notice, the Board shall hold a public hearing for the purpose of receiving additional comments from members of the public and interested parties, 7.10.6. Consideration and Approval of Negative Declaration. Prior to approving the project, the Board' shall consider the proposed negative declaration, together with any comments received during the public review and hearing process and shall approve the negative declaration if it finds on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, 7.10.7. Notice of Determination After deciding to carry out or approve a project for which a negative declaration has been approved, Staff shall prepare a Notice of Determination, substantially in the form of Appendix D to the State CEQA Guidelines, which shall be filed within 5 working days, with the county clerk of the countyinwhichthe project shall be located and, if the project requires the discretionary approval from any state agency, with the Secretary for Resources, Failure to timely file such notice shall not affect its validity. 7.10-8. Notice of Preparation of EIR. If it is decided that an EIR is required for a project, Staff shall send by certified mail, return receipt requested, to each responsible agency a Notice of Preparation, substantially in the form of Appendix J to the State CEQA Guidelines. This notice shall also be sent to every federal agency involved in approving or funding the project and to each trustee agency responsible for natural resources affected by the project, as provided in section 15082 of the State CEQA Guidelines. In order to expedite the process, the Staff may request one or more meetings between representatives of agencies COSTR REAL MUNICIPAL WAER DISTRICT 1 I - . -.- ~ . _.._.. -. .. I 7 ~ ~~~~ TITLE: PROCEDURES IMPLEMENTING CEQA ADMINISTRATIVE CODE Latest Revision I May 15, 1985 I ARTICLE 7. PROCEDURES IMPLEMENTING CALIFORNIA ENVIRONMENTAL % 9UALITY ACT (continued) Sec. 7.10. - Lead Agency Procedures (continued) - I - , .. . 2' L _- involved, and Staff may also consult directly with any person or organization it believes will be concerned with the environmental effects of the project. (See State CEQA Guidelines, 15082(c), 15083,). All comments in response to the notice shall be required within 30 days, unless a longer period is established by the Board . If early consultation is timely requested by an applicant pursuant to section 21153 of the Public Resources Code, the District staff shall determine' the cost of the consultation on a case-by-case basis and collect a fee equal to the actual cost of the consultations. The charge shall be based upon staff time, consultants' expenses, and other costs incurred or to be incurred, 7.10.9. Notice of Completion of Draft EIR. Upon completion of the draft EIR, it 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 Staff to file with the Secretary for Resources and the Office of Planning and Research a Notice of Completion, substantially in the form of Appendix C to the State CEQA Guidelines. 7 -10 -10 . Public Review and Hearing on Draft EIR. The Board shall fix a time for public review of the draft EIR, which shall not be less than 30 days nor longer than 90 days from the date of the notice unless it is an unusual situation. The Board shall fix a date during the review period for a public hearing by the Board on the contents of the draft EIR. Public notice of the availability of the draft EIR and of the public hearing shall be given by publication at least one time in the newspaper in general circulation in the area affected by the proposed project. COSTA REAL 1 MUNICIPAL WAEER DISTRICT .... -. ADMINISTRATIVE CODE \ I I 7 0 12 I Page of ates Revi ion hay f5, 1485 I I 1 ARTICLE 7. PROCEDURES IMPLEMENTING CALIFORNIA ENVIRONMENTAL , :- PUALITY ACT (continued) %- See . - 7.10. Lead Agency Procedures (continued) 7.10.11. Preparation of Final EIR. Following the public review period and the public hearing, and before approval of the project, the Board shall direct preparation of a final EIR, which shall include matters described in section 15132 of the State CEQA Guidelines. The Board may, but shall not be required to, provide an opportunity for review by the public of the final EIR before approving the project. Certification of Final EIR. Following 7.10.12. preparation of the proposed 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 that: - (a) The final EIR has been completed in compliance with CEQA; and (b) The final EIR was presented to the Board and the Board reviewed and considered the information contained in the final EIR prior to approving the project. 7.10.13. Necessity for Findinqs. The Board shall not approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the Board makes one or more written findings described in section 15091 of the State CEQA Guidelines, based on substantial evidence, for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. 7 -10 -14. Approval of Project and Statement of Over- riding Considerations. After considering the final EIR, and in conjunction with the making of the foregoing findings, the Board may decide whether or how to approve or carry out a project. If the Board determines to approve a project, despite remaining significant effects on the environment found to be unavoidable, it shall COSTR REAL MUNICIPAL WATER DImICT - . - . . .___ ...-. _. I ADMINISTRATIVE CODE 7 I Pagi 9 of 12 Ti TLE: PROCEDURES IMPLEMENTING CEQA Latest Revis ion May 15, 1985 ARTICLE 7. , PROCEDURES IMPLEMENTING CALIFORNIA ENVIRONMENTAL QUALITY ACT (continued) L ., Sec. 7.10. Lead Agency Prscedures (continued) I. state in writing the specific reasons to support this action based upon the final EIR and/or other information in the record, as required by section 15092 and 15093 of the State CEQA Guidelines. 7.10.15. Notice of Determination. Within 5 working days, Staff shall file a Notice of Determination, substantially in the form of Appendix D to the State CEQA' Guidelines, following each project approval for which an EIR was considered, as provided in- section 15094 to .the State CEQA Guidelines. Failure to timely file such notice shall not affect its validity. 7.10.16. Filing of EIR. Staff shall file copies ot the final EIR as provided in section 15095 of the State CEQA Guidelines. Sec. 7.11. Responsible Aqency Procedures If the 7.11.1. Consultation and Response. District is a responsible agency, Staff shall respond to requests for consultation by the lead agency and shall designate employees or representatives to attend meetings requested by the lead agency to discuss the scope and content of a proposed EIR with respect to activities within an area of expertise- or responsibility of the District. Staff shall review and comment on draft EIR's and negative declarations for projects for which the District would later be asked to approve. If there is adequate time, Staff may consult with the Board regarding such comments. 7.11.2. Board Consideration of EIR or Negative Dec- laration. Prior to reaching a decision on the project for which the District is a responsible agency, the Board must consider the environmental effects of the project as shown in the EIR or negative declaration and, if necessary, adopt the alternatives, mitigation measures or findings referred to in section 15096(g) and (h) of the State CEQA Guidelines. COSTA REAL MUNICIPAL WAER DISI?ICT - .... ~ .. .. I ADMlNlSTRATlVE CODE I 1 TITLE: PROCEDURES IMPLEMENTING CEQA Latest Revision May 15, 1985 ARTICLE 7. PROCEDURES IMPLEMENTING CALIFORNIA ENVIRONMENTAL PUALITY ACT (continued) See. 7.11, Responsible Agency Procedures (continued) 7.11.3. Notice of Determination. Within 5 working days of approval of the project by the Board for which the District is a responsible agency, Staff should file a Notice of Determination, substantially in the form of Appendix D to the State CEQA Guidelines, as provided in section 15096(i) of said guidelines. Failure to timely file shall not affect the validity of the notice, Sec. 7.12. Exempt Projects 7.12.1. Cat eqori ca 1 Exempt ions. The State CEQA Guidelines in sections 15301 through 15329 list classes of projects which have been determined not to have a significant effect on the environment and which, theref ore, have been declared to be environmental documents. These exemptions exempt the District from the preparation of environmental documents for the projects described therein, except as provided in section 15300.2 of the State CEQA Guidelines. The facilities of the District referred to in Class 1 and Class 2 include, but are not limited to, the District's water conveyance facilities , storage facilities, pump stations and treatment facilities. The decision as to whether or not other projects are categorically exempt, and thus outside the scope of CEQA, shall be made by the District on a case-by-case basis. 7.12.2. Ministerial ProSects. Ministerial projects, as defined in section 15369 of the State CEQA Guidelines, are projects involving governmental decisions with little or no personal judgment by the public official as to the wisdom or manner of carrying out the project, with the public official merely applying the law to the facts as presented, without using any special discretion or judgment in reaching the decision. A ministerial decision involves only the use of fixed standards or objective measurements, and the public official cannot use personal, subjective judgment COSTR REAL I MUNICIPAL WAER DISTRICT I -- I ADMINISTRATIVE CODE TITLE: I PROCEDURES IMPLEMENTING CEQA Latest Revis ion I May 15, 1985 I c. Sec, 7.12. Exempt Projects (continued) in deciding whether or how the project is to be carried out. The decision as to whether or not a proposed project of the District is ministerial in nature, and thus outside the scope of CEQA, shall be made by the District on a case-by-case basis. 7.12.3 . Pipelines Less Than One Mile in Lenqth Subsurface portions of projects less than one mile in length within public streets, highways or other public removal, repair or other alteration of any existing pipeline, are exempt. rights of way for installation of a new pipeline, or .. Sec. 7.13. Forms The State CEQA Guidelines have as appendices the following f oms : Appendix C: Notice of Completion Appendix D: Notice of Determination Appendix E: Notice of Exemption Appendix J: Notice of Preparation To the extent practical, the District shall use such forms in providing the noti.ces required by these procedures. However, in lieu thereof, Staff may prepare other forms for use by the District, provided they contain the information required by the State CEQA Guidelines and these procedures. Sec. 7.14. Time Limits Insofar as practical, the District shall comply with the time limits set forth in Article 8, commencing with section 15100, of the State CEQA Guidelines. However, if Board action is required, a special meeting of the COSTA REAL MUNICIPAL WAER ~ . -. _. DISTRICT -. .. ADMINISTRATIVE CODE TITLE: PROCEDURES IMPLEMENTING CEQL I Latest Revision May 15, 1985 I See. 7.14. Time limits (continued) , Board shall not be required solely to meet the time limits set forth therein. Matters requiring Board action need only be considered at regular meetings of the Board scheduled after any period that may be required for public notice and review. A special meeting may be called if deemed appropriate. Sec. 7;15. Statutes of Limitation Inasmuch as these procedures are intended to implement CEQA and the State CEQA Guidelines, court challenges alleging failure to comply with any of these procedures shall be subject to the same limitation periods applicable to proceedings under CEQA. Any co.urt challenge involving these procedures which is determined not to be subject to the limitations period applicable to proceedings under CEQA shall be subject to provisions of Code of Civil Procedure section 1094.6 which is hereby declared to be applicable under ,such circumstances. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. I, FRED W. MAERKLE, Secretary of the COSTA REAL MUNICIPAL WATER DISTRICT and of the Board of Directors thereof, do hereby certify that the foregoing Resolution was duly adopted by the Board of Directors of said District at a regular meetinq of the Board held on the 15th day of May, 1985, and that it was adopted by the following vote: AYES: Directors: ALMACK, HAASL , KELLY , MAERKLE and BONAS NOES: Directors : None ABSENT: Directors: None !' of COSTA REAL MU PAL~WATER DIS~RICT and of the Boar fgDirect0r.s thereof.