Reso 0450-01/1977 RESOLUTION NO.450
RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN
MARCOS COUNTY WATER DISTRICT ESTABLISHING
LOCAL GUIDELINES OF THE DISTRICT IMPLEMENTING
THE ENVIRONMENTAL QUALITY ACT, AS AMENDED,
AND RESCINDING PRIOR RESOLUTIONS AND GUIDELINES
WHEREAS, the California Environmental Quality Act of
1970, as amended, (CEQA) and the Guidelines for implementation of
that statute promulgated by the California Resources Agency re-
quire this District to adopt local guidelines implementing that
statute and those regulations.
WHEREAS, CEQA was amended in 1976 and the Secretary of
Resources has recently amended the regulations of that agency and
it is necessary for this District to modify the District regulations
on environmental quality.
WHEREAS, THE SAN MARCOS COUNTY WATER DISTRICT has hereto-
fore adopted regulations implementing the Environmental Quality
Act and the Regulations of the Secretary of Resources in District
Resolution No. 395, which regulations must be further amended to
conform to changes in the regulations issued by the California
Resources Agency.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SAN MARCOS
COUNTY WATER DISTRICT DOES HEREBY FIND, RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. Resolution No. 395 is hereby rescinded.
Section 2. Effective January 1, 1977, the regulations
and guidelines set forth in Appendix A of this Resolution,
attached hereto and incorporated herein, establish the local
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guidelines for THE SAN MARCOS COUNTY WATER DISTRICT implementing
the California Environmental Quality Act, as amended, and the
related regulations of the California Resources Agency.
PASSED AND ADOPTED this 17th day of January, 1977, by
the following roll call vote:
AYES: DIRECTORS: Michel, Dow, Mahr
NOES: DIRECTORS: Vanderbeck, Blanchard
ABSTAIN: DIRECTORS: None
ABSENT: DIRECTORS: None
(SEAL)
ATTEST:
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APPENDIX A
TO RESOLUTION NO. 450 OF
THE SAN MARCOS COUNTY WATER DISTRICT
LOCAL GUIDELINES IMPLEMENTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Denotes State As Amended
Guidelines January, 1977
Section
ARTICLE I - GENERAL
15005 Section 1. Purposes. This resolution implements the purposes
and provisions of the California Environmental Quality Act
(hereinafter referred to as "CEQA") and the Guidelines for
Implementation of CEQA (hereinafter referred to as "State
Guidelines") which have been adopted by the California Resources
Agency. The enhancement and long-term protection of the
environment and the encouragement of public participation in
achieving these goals are objectives of this measure.
15011 Section 2. State Policy. The Legislature has declared that
it is the policy of the state to:
(1) Develop and maintain a high-quality environment now
and in the future, and take all action necessary to pro-
tect, rehabilitate, and enhance the environmental quality
of the state.
(2) Take all action necessary to provide the people of
this state with clean air and water, enjoyment of aesthetic,
natural, scenic, and historic environmental qualities,
and [reedom [rom excessive noise.
(3) Prevent the elimination of fish or wildlife species
due to man's activities, insure that fish and wildlife
populations do not drop below self-perpetuating levels,
and preserve for future generations representations of
all plant and animal communities and examples of the
major periods of California history.
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(4) Insure that the long-term protection of the environ-
ment shall be the guiding criterion in public decisions.
(5) Create and maintain conditions under which man and
nature can exist in productive harmony to fulfill the
social and economic requirements of present and future
generations.
(6) Require governmental agencies at all levels to
develop standards and procedures necessary to protect
environmental quality.
(7) Require governmental agencies at all levels to con-
sider qualitative factors as well as economic and technical
factors and long-term benefits and costs, in addition to
short-term benefits and costs and to consider alternatives
to proposed actions affecting the environment.
15011.5 Section 3. Additional Policies. The Secretary for Resources
has declared that the courts of this state have found the fol-
lowing policies to be implicit in CEQA:
(1) The EIR requirement is the heart of CEQA. (County
of Inyo v. Yorty, 32 Cal. App. 3d 795.)
(2) The EIR serves not only to protect the environment
but also to demonstrate to the public that it is being
protected. (County of Inyo v. Yorty, 32 Cal. App. 3d 795.)
(3) The EIR is to inform other governmental agencies
and the public generally of the environmental impact of
a proposed project. (No Oil, Inc. v. City of Los Angeles,
13 C. 3d 68.)
(4) The EIR is to demonstrate to an apprehensive citizenry
that the agency has in fact analyzed and considered the
ecologigal ~. implications of its action. (People ex rel.
Department of Public Works v. Bosio, 47 Cal. App. 3d 495.)
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(5) The EIR process will enable the public to determine
the environmental and economic values of their elected
and appointed officials thus allowing for appropriate
action come election day should a majority of the voters
disagree. (People v. County of Kern, 39 Cal. App. 3d 830.)
(6) CEQA was intended to be interpreted in such manner
as to afford the fullest possible protection to the environ-
ment within the reasonable scope of the statutory language.
(Friends of Mammoth v. Board of Supervisors, 8 C. 3d 247.)
15012 Section 4. Objectives. From time to time and under circum-
stances as outlined by this Resolution, an environmental docu-
ment must be prepared as a prerequisite to approval of a project.
The function of such a document is to provide information re-
garding the environmental effects of proposed projects. The
environmental effects set forth in such document are to be
evaluated before a project is approved. The Board retains
existing authority to balance environmental objectives with
economic, social, and other relevant objectives of the pro-
posed project.
ARTICLE II - APPLICABILITY
15014 Section 5. Scope of Applicability. This REsolution applies
to all activities which are projects as defined herein.
15032 Section 6. Ministerial Projects.
15073 A. Ministerial projects are exempt from the requirements of
CEQA and these Guidelines and consequently no environmental
documents are required therefor. Generally speaking, a minis-
terial project is one requiring approval by the District as
a matter of law or the use of fixed standards or objective
measurements without personal judgment. Examples of such
projects include, but are not limited to, individual utility
service connections and disconnections, agreements to install
in-tract utility facilities to subdivisions, development of
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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 en-
actment, shall be made by the District on a case-by-case
basis or as part of these Guidelines as hereinafter set forth.
ARTICLE III- DEFINITIONS
Whenever the following terms are used in this Resolution,
they shall have the following meaning unless otherwise ex-
pressly defined:
15021 Section 7. Approval means a decision by the District which
commits it to a definite course of action with regard to a
particular project. As respect any project to be undertaken
directly by the District, approval shall be deemed to occur
on the date the Board makes the determination to proceed with
a project, which in no event shall be later than the date of
adoption of plans and specifications. As respects private
projects defined in Section 29 A(2) and (3), infra, 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 purposes of
this Resolution, all environmental assessments must be completed
as of the time of project approval.
Section 8. Board means the Board of Directors of THE SAN
MARCOS COUNTY WATER DISTRICT.
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15023 Section 9. 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 VII, infra.
15023.5 Section 10. Cumulative Impacts refers to two or more indiv-
idual effects which, when considered together, are considerable
or which compound or increase other environmental impacts.
The individual effects may be changes resulting from a single
project or a number of separate projects.
15024 Section 11. Discretionary Project means a project approval
of which requires the exercise of independent judgment, de-
liberation or decision-making on the part of the District.
Section 12. District means the SAN MARCOS COUNTY WATER DISTRICT.
15025 Section 13. Emergency means a sudden, unexpected occurrence,
involving a clear and imminent danger, demanding immediate
action to prevent or mitigate loss of, or damage to, life,
health, property, or essential public services. Emergency
includes such occurrences as fire, flood, earthquake, or other
soil or geologic movements, as well as such occurrences as
riot, accident, or sabotage.
15026 Section 14. Environment means the physical conditions which
exist in the area which will be affected by a proposed project
including land, air, water, minerals, flora, fauna, ambient
noise, objects of historic or aesthetic significance.
15026.5 Section 15. Environmental Documents means Draft and Final
EIRs, Initial Studies, Negative Declarations, Notices of
Completion, and Notices of Determination.
15027 Section 16. Environmental Impact Report (EIR) means a detailed
statement setting forth the environmental effects and consid-
erations pertaining to a project as specified in Section 21100
and 21100.1 of the California Environmental Quality Act, and
may mean either a draft or a final EIR.
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(a) Draft EIR means an EIR containing the information
specified in Section 40 of these Guidelines. In appro-
priate cases, the draft EIR shall also contain the infor-
mation specified in Section 40 C.
(b) Final EIR means an EIR containing the information con-
tained in the draft EIR, comments either verbatim or in
summary received in the review process, a list of persons
commenting, and the response of the Lead Agency to the
comments received. The final EIR is discussed in detail
in Section 40 M.
15028 Section 17. EIS - Environmental Impact Statement means an
EIR prepared pursuant to the National Environmental Policy
Act (NEPA).
Section 18. State Guidelines means the Guidelines for imple-
mentation of CEQA adopted by the California Resources Agency
as they now exist or hereafter may be amended.
15029 Section 19. Feasible means capable of being accomplished in
a successful manner within a reasonable period of time, taking
into account economic, environmental, social, and technolog-
ical factors.
15029.5 Section 20. Initial Study means a preliminary analysis pre-
pared pursuant to Section 38, infra, to determine whether an
EIR or a Negative Declaration must be prepared.
15029.6 Section 21. Jurisdiction by Law.
A. Jurisdiction by Law means the authority of any public agency:
(1) to grant a permit or other entltlemen~ for use,
(2) to provide funding for the project in question, or
(3) to exercise authority over resources which may be
affected by the project.
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B. A city or county will have jurisdiction by law with respect
to a project when the city or county is the site of the pro-
ject, 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 environmental effects.
C. Where an agency having jurisdiction by law must exercise
discretionary authority over a project in order for the pro-
ject to proceed, it is also a Responsible Agency (see Section
30), or the Lead Agency (see Section 22).
15030 Section 22. 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.
15069.6 Section 23. Master Environmental Assessment is a document
' prepared in accordance with Section 45, infra, of these
Guidelines.
15033 Section 24. Negative Declaration means a written statement
prepared by the Lead Agency briefly describing the reasons
that a proposed project, although not categorically exempt,
will not have a significant effect on the environment and
therefore does not require the preparation of an EIR.
15034 Section 25. 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 "D")
15035 Section 26. Notice of Determination means a brief notice to
be filed by the District after it approves or determines to
carry out a project which is subject to the requirements of
CEQA- (See Exhibit "C")
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15035.5 Section 27. Notice of Exemption means a brief notice which
may be filed by the District when it has approved or deter-
mined 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 the District, which must
approve the project. The contents of this notice are explained
in Section 36 A and B, infra. (See Exhibit "E")
15036 Section 28. Person includes any person, firm, association,
organization, partnership, business, trust, corporation,
company, district, county, city and county, city, town, the
State, and any of the agencies or political subdivisions of
such entities.
15037(a) Section 29. Project.
A. Project means the whole of an action which has a potential
for resulting in a physical change in the environment, dir-
ectly 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, sub-
sidies, 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.
15037(b) 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, emergency repairs to public service facil-
ities, general policy and procedure making, (except
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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 (including
__ the District).
15037(c) C. The term "project" refers to the activity which is being
approved and which may be subject to several discretionary
approvals by governmental agencies. The term "project" does
not mean each separate governmental approval.
15039 Section 30. Responsible Agency means a public agency which
proposes to carry out a project, but is not the lead agency
for the project. It includes all public agencies other than
the lead agency which have approval power over the project.
15040 Section 31. Significant Effect on the Environment means a
substantial, or potentially substantial, adverse change in any
of the physical conditions within the area affected by the
activity including land, air, water, minerals, flora, fauna,
ambient noise, and objects of historic or aesthetic significance.
Section 32. District's Staff means the District's Manager,
and/or his designee, and Engineer of the District.
ARTICLE IV - EMERGENCY PROJECTS
15025 Section 33. The following emergency projects do not require
15071 the preparation of a Negative Declaration or an EIR an~ thus,
are outside the scope of this Resolution.
(a) Projects undertaken, carried out, or approved by the
District to maintain, repair, restore, demolish or replace
property or facilities damaged or destroyed as a result
of a disaster in a disaster-striken 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.
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(b) Emergency repairs to any of the District's facilities
necessary to maintain service.
(c) Specific actions necessary to prevent or mitigate
an emergency.
ARTICLE V - FEASIBILITY AND PLANNING STUDIES
15072 Section 34. Feasibility and Planning Studies of potential
projects undertaken by the District are specifically excepted
from the requirements of CEQA and thus are outside the scope
of this Resolution, although such studies may contain consider-
ations of environmental factors incident to the potential
project.
ARTICLE VI - EVALUATING PROJECTS
15060 Section 35. Initial Review for CEQA Exemptions
15080
A. General Rule. The requirements set forth in these Guide-
lines 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
possibility that the activity in question may have a signi-
ficant effect on the environment, the activity is not covered
by the requirements set forth in CEQA. However, these Guide-
lines should be consulted to determine the procedures nec-
essary to verify that conclusion.
B. Preliminary Review. At the outset a proposed activity
shall be examined by the District's staff for the purpose of
determining whether it is (1) not a project as defined in
Section 29 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 responsible for the carrying out of the project as
described in Section 37, infra.
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C. Staff Finding of No Exemption. If in the judgment of the
District's staff the proposed activity does not fall within
one of the foregoing categories, it shall proceed with the
project evaluation process as outlined in Section 38, infra.
Any person proposing to undertake a project as defined in
Section 29 A(2) Or (3), supra (i.e. a private project) may
present his objection to the staff's determination to the Board
at its next regular or special meeting.
D. 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 B, it shall so deter-
mine and may record its findings on a form entitled "Pre-
liminary Environmental Assessment" (a copy of which is attached
hereto as Exhibit "A"). If exempted no further environmental
assessment shall be necessary and the proposed activity may
be carried out in the manner routinely exercised by the
District. Failure of the District's staff to prepare a Pre-
liminary Environmental Assessment on a project that is exempt
shall not affect the District's right to carry out the proposed
activity.
E. Retention of Preliminary Environmental Assessment; Avail-
ability for Inspection. The Preliminary Environmental Assess-
ment shall be retained at the District's office as part of
its usual record-keeping process, and it shall be made avail-
able 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 Preliminary Environmental
Assessment by the Manager shall be deemed to constitute the
date of approval of the activity.
15074(a) Section 36. Notice of Exemption
A. When District staff determines that a project is exempt
from the requirements of CEQA because it is an emergency pro-
ject, a ministerial project or categorically exempt, and the
District approves or determines to carry out the project, it
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may filenotice of exemption. Such a notice shall include
(1) a brief description of the project, (2) a finding that
the project is exempt, including a citation to the State and
Local Guidelines section under which it is found to be exempt,
and (3) a brief statement of reasons to support the finding.
(A form of such notice is attached hereto as Exhibit "E")
15074(b) B. Whenever the 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 contain the infor-
mation required in Paragraph A above, together with a certified
document issued by the District 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.
15074(d) C. The notice of exemption shall be filed with the County
Clerk of the county or counties in which the project will be
located. Copies of all such notices shall be available for
public inspection.
15064 Section 37. Lead Agency
15065 A. Staff Determination of Lead Agency; Recommendation to Board.
Upon a determination that a proposed activity is discretionary
in nature and is not otherwise exempt, consideration shall be
given by staff to whether another public agency is primarily
responsible for carrying it out or approving it. Staff shall
consider, among others, the following principles in determining
the Lead Agency:
(1) Where a project is to be carried out or approved by
more than one public agency, only one public agency shall
be responsible for preparation of environmental documents,
and it will be the Lead Agency. Such environmental docu-
ments will be prepared by the Lead Agency in consultation
with all Responsible Agencies. The Lead Agency's environ-
mental documents shall be the environmental documentation
for all Responsible Agencies. Except as provided in
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Section 47 of these Guidelines, such Responsible Agencies
shall consider the Lead Agency's EIR or Negative Decla-
ration prior to acting upon Or approving the projects,
and they shall certify that their decision-making bodies
have reviewed and considered the information contained
in them.
(2) If the project is to be carried out by a public
agency, the Lead Agency shall be the public agency which
proposes to carry out the project.
(3) If the project is to be carried out by a nongovern-
mental person, the Lead Agency shall be the public agency
with the greatest responsibility for supervising or ap-
proving the project as a whole.
(a) The Lead Agency will generally be the agency
with general governmental powers rather than an agency
with a single or limited purpose which is involved
by reason of the need to provide a public service or
public utility to the project; in such cases, the
single or limited purpose agency will, upon request,
provide data concerning all aspects of its activities
required to furnish service to the project to the
agency drafting the EIR, and no separate EIR will be
required in regard to such activities.
(b) Where a city has prezoned an area, the city will
be the appropriate Lead Agency for any subsequent
annexation of the area and should prepare the required
environmental document at the time of the prezoning.
The city shall consult with the local agency formation
commission, and the EIR shall include the comments
of the local agency formation commission.
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(4) Where more than one public agency equally meet the
criteria set forth in Subparagraph (3) above, the agency
which is to act first on the project in question shall be
the Lead Agency (following the principle that the environ-
mental impact should be assessed as early as possible in
governmental planning).
(5) Where the provisions of Subparagraphs (2), (3) and
(4) leave two or more public agencies with a substantial
claim to be the Lead Agency, the public agencies may by
agreement designate which agency will be the Lead Agency.
An agreement may also provide for cooperative efforts by
contract, joint exercise of powers, or similar devices.
B. Staff Finding that District is Agency with Primary Res-
ponsibility. 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 evaluation
process as outlined in Section 38, infra. Any person pro-
posing to undertake a project as defined in Section 29 A(2)
or (3), supra, (i.e. a private project) may present his ob-
jections 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 afore-
mentioned Preliminary Environmental Assessment. Unless other-
wise required by the Board, no further environmental assessment
shall be necessary.
15064 Whenever a determination is made that another public agency
15065(b) 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
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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.
15065.5 The Office of Planning and Research will resolve disputes
among public agencies as to which is the Lead Agency.
15065(e) D. Where the District as 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 either (1) refuse to act on the project
or (2) begin to act as the Lead Agency when the Lead Agency
did not prepare any environmental documents for the project,
and the statute of limitations has expired for a challenge to
the action of the appropriate Lead Agency.
15090 E. Limitations on Local Responsible Agencies. In applying
the duty to mitigate or avoid significant effects on the en-
vironment 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 Agency. The District functioning as a Lead
Agency shall consider the significant effects, both individual
and cumulative, of all activities involved in the project.
The District functioning as a Responsible 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 involved in a project for which a Lead
Agency has prepared an EIR.
15080 Section 38. Initial Study Procedures
A. Undertaking of Initial Study; By Whom; Submission of
Data; Costs. Upon a determination that a project is dis-
cretionary and is not othewise exempt, and that the District
is the Lead Agency, it shall conduct an Initial Study to
determine if the proposed project may have a significant
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effect on the environment unless the District can determine
that a project will clearly have a significant effect. If a
project is subject to the requirements of CEQA and not ex-
empted by these Guidelines the Lead Agency shall conduct an
Initial Study to determine if the project may have a sig-
nificant effect on the environment unless the Lead Agency can
determine that the project will clearly have a significant
effect. If any aspects of the project, either individually
or cumulatively, may cause a significant effect on the en-
vironment, regardless of whether the overall effect of the
project is adverse or beneficial, then an EIR must be prepared.
All phases of project planning, implementation, and operation
must be considered in the Initial Study of the project. To
meet the requirements of this Section, the Lead Agency may
use an Initial Study prepared pursuant to the National Environ-
mental Policy Act.
The purposes of an Initial Study are to:
(1) identify environmental impacts~
(2) enable an applicant or Lead Agency to modify a
project, mitigating adverse impacts before an
EIR is written;
(3) focus an EIR, if one is required, on potentially sig-
nificant environmental effects;
(4) facilitate environmental assessment early in the
design of a project;
(5) provide documentation of the factual basis for
the finding in a Negative Declaration that a
project will not have a significant effect on
the environment; and
(6) eliminate unnecessary EIRs.
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An Initial Study shall contain the following:
(1) a description of the project;
(2) an identification of the environmental setting;
(3) an identification of environmental effects by
use of a checklist, matrix, or other method;
(4) a discussion of ways to mitigate the significant
effects identified, if any;
(5) an examination of whether the project is compatible
with existing zoining and plans; and
(6) the name of the person or persons who prepared
or participated in the Initial Study.
The Initial Study shall be used to provide a written deter-
mination of whether a Negative Declaration or an EIR shall be
prepared for a project.
Where a project is revised in response to an Initial Study so
that potential adverse effects are mitigated to a point where
no significant environmental effects would occur, a Negative
Declaration shall be prepared instead of an EIR. If the
project would still result in one or more significant effects
on the environment after mitigation measures are added to
the project, an EIR shall be prepared.
As to projects defined in Article III, Section 29 A(1), supra,
the Initial Study shall be undertaken by the District's staff
or by private experts pursuant to contract with the District.
As to projects defined in Article III, Section 29 A(2) and
29 A(3), supra, the person or entity proposing to carry out
the project shall submit all data and information as may be
required by the District to prepare the Initial Study. Such
data and information shall consider all factors enumerated in
Paragraph B, infra. All costs incurred by the District in
reviewing the data and information submitted by said person
or entity, or in conducting its own investigation based upon
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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. 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.
15081 B. Evaluating Environmental Significance. In determining
whether a project may have a significant effect on the environ-
ment, the District shall consider both primary and secondary
consequences. A project will normally have a significant
effect on the environment if it will:
(1) conflict with adopted environmental plans and goals
of the community where it is located;
(2) have a substantial, demonstrable negative aesthetic
effect;
(3) substantially affect a rare or endangered species
of animal or plant or the habitat of the species;
(4) interfere substantially with the movement of any
resident or migratory fish or wildlife species;
(5) breach published national, state, or local standards
relating to solid waste or litter control;
(6) substantially degrade water quality;
(7) contaminate a public water supply;
(8) substantially degrade or deplete ground water resources;
(9) interfere substantially with ground water recharge;
(10) disrupt or alter an archaeological site over 200 years
old, a historic site or a paleontological site except
as part of a scientific study of the site;
(11) induce substantial growth or concentration of
population;
(12) cause an increase in traffic which is substantial in
relation to the existing traffic load and capacity
of the street system;
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(13) displace a large number of people;
(14) encourage activities which result in the use of
large amounts of fuel, water, or energy;
(15) use fuel, water, or energy in a wasteful manner;
(16) increase substantially the ambient noise levels for
adjoining areas;
(17) cause substantial flooding, erosion or siltation;
(18) expose people or structures to major geologic hazards;
(19) extend a sewer trunk line with capacity to serve
new development;
(20) substantially diminish habitat for fish, wildlife
or plants;
(21) disrupt or divide the physical arrangement of an
established community;
(22) create a public health hazard or a potential public
health hazard;
(23) conflict with established recreational, educational,
religious or scientific uses of the area;
(24) violate any ambient air quality standard, contribute
substantially to an existing or projected air quality
violation, or expose sensitive receptors to sub-
stantial pollutant concentrations.
15082 C. Mandatory Findings of Significance. A project shall be
found to have a significant effect on the environment if:
(1) the project has the potential to degrade the quality
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife popu-
lation to drop below self-sustaining levels, threaten to
eliminate a plant or animal community, reduce the number
or restrict the range of a rare or endangered plant or
animal or eliminate important examples of the major
periods of California history or pre-history;
-19-
(2) the project has the potential to achieve short-term
environmental goals to the disadvantage of long-term
environmental goals;
(3) the project has possible environmental effects which
are individually limited but cumulatively considerable.
As used in the subsection, "cumulatively considerable"
means that the incremental effects of an individual pro-
ject are considerable when viewed in connection with the
effects of past projects, the effects of other current
projects, and the effects of probable future projects;
(4) the environmental effects of a project will cause
substantial adverse effects on human beings, either directly
or indirectly.
15084 D. Staff Recommendation; Board Action. Staff shall submit
its recommendation as to whether a proposed project may or may
not have a significant effect on the environment to the Board
which recommendation shall be submitted on a form entitled
"Environmental Impact Assessment" (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 39, infra. If, on the other
hand, the Board determines that it can be fairly argued on the
basis of substantial evidence that the project may have a sig-
nificant effect on the environment or that there is serious
public controversy concerning the environmental effect of a
project, it shall order the preparation and filing of an EIR
in accordance with the provisions of Section 40, infra.
15164 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.
-20-
15066 Section 39. Negative Declaration. Following the initial study
15083 as described in Section 38, 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 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 connection with the preparation thereof are
as follows:
15083(d) A. Notice of Preparation of a Negative Declaration shall be
provided by the District Manager to the public at least ten
(10) days prior ~D final adoption by the District of the Nega-
tive Declaration. At least ten (1O) days prior to the adoption
of a Negative Declaration notice shall be given to all or-
ganizations and individuals who have previously requested
such notice and shall also be given by at least one (1) of
the following procedures:
(1) publication, no fewer times than required by Section
6061 of the Government Code, by the District in a news-
paper of general circulation in the area affected by the
proposed project;
(2) posting of notice by the District on and off site in
the area where the project is to be located;
(3) direct mailing to owners of property contiguous to
the project.
The alternatives for providing notice specified above shall
not preclude the District from providing additional notice by
other means if the District so desires, nor shall the require-
ments of this section preclude the District from providing the
public notice required herein at the same time and in the same
manner as public notice otherwise required by law for such
project.
-21-
15083(c) B. Contents. A Negative Declaration shall contain the fol-
lowing information:
(1) a brief description of the project; including a
commonly used name for the project, if any;
(2) the location of the project and the name of the
project proponent;
(3) a finding that the project will not have a sig-
nificant effect on the environment;
(4) an attached copy of the Initial Study documenting
reasons to support the finding;
(5) mitigation measures, if any, included in the pro-
ject to avoid potentially significant effects.
15083(e) C. Public Review. Upon completion of a Negative Declaration,
the Manager or other designated person shall cause a copy of
the Negative Declaration and the Initial Study to be filed and
~ posted at the District's office and made available for public
inspection.
D. Board Approval or Disapproval of Project. Following the
filing and posting of the Negative Declaration at the District's
office, but in no event sooner than fifteen (15) days fol-
lowing 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 the project.
15083(f) 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
"C" which shall contain the following:
(1) the decision of the District to approve or disapprove
the project;
-22-
(2) the determination of the District as to whether
the project will have a significant effect on the
environment; and
(3) a statement of whether an EIR has been prepared
pursuant to CEQA.
Said notice, with a copy of the Negative Declaration attached,
then shall be filed with the County Clerk of the county or
counties in which the project is located. If the project
requires discretionary approval from a state agency, the
Notice of Determination also shall be filed with the Secretary
for Resources.
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.
15083 G. Costs. As to projects covered by Article III, Section
29 A(2) and (3) supra, the person or entity proposing to carry
out the project requiring approval by the District shall bear
all costs incurred by the District in preparing and filing
the Negative Declararion.
15084 Section 40. Environmental Impact Reports. Following the
Initial Study as described in Section 38, supra, an EIR shall
be prepared for all discretionary projects not otherwise
exempt upon a finding by the Board that the project may have
a significant effect on the environment or that there is
serious public controversy concerning the environmental effect
of a project. The required contents of an EIR and the pro-
cedures to be followed in connection with the preparation
thereof are as follows:
-23-
15140 A. General Requirements of EIRs:
(1) Environmental Impact Reports shall contain the in-
formation outlined in this article. Each element must
be covered, and when these elements are not separated
into distinct sections, the document shall state where
in the document each element is discussed.
(2) Each report shall contain a brief summary of the
proposed action and its consequences in language suffi-
ciently simple that the issues can be understood by the
average member of the lay public. The EIR shall also
contain a table of contents or an index.
(3) The information contained in an EIR shall include
summarized technical data, maps, plot plans, diagrams
and similar relevant information sufficient to permit
full assessment of significant environmental impacts by
reviewing agencies and members of the public. Placement
of highly technical and specialized analysis and data
in the body of an EIR should be avoided through inclusion
of supporting information and analyses as appendices to
the main body of the EIR. Appendices to the EIR may be
prepared in volumes separate from the basic EIR document,
but shall be available for public examination and shall
be submitted to all clearinghouses which assist in public
review.
(4) The EIR should be prepared using a systematic, inter-
disciplinary approach. The interdisciplinary analysis
shall be conducted by competent individuals, but no single
discipline shall be designated or required to undertake
this evaluation. Preparation of EIRs is dependent upon
information from many sources, including the engineering
project report and many scientific documents relating to
-24-
environmental features. The EIR shall reference all
documents used in its preparation including, where pos-
sible, a citation to the page and section number of any
technical reports which were used as the basis for any
statements in the EIR.
(5) The EIR should discuss environmental effects in pro-
portion to their severity and probability of occurrence.
Effects dismissed in an Initial Study as clearly in-
significant and unlikely to occur need not be discussed
further in the EIR unless the Lead Agency subsequently
receives information inconsistent with the finding in
the Initial Study. A copy of the Initial Study shall
be attached to the EIR to provide the basis for limiting
the impacts discussed.
(6) An EIR shall contain a statement briefly indicating
the reasons for determining that various effects of a
project that could possibly be considered significant
were not found to be significant and consequently were
not discussed in detail in the EIR.
(7) Drafting an EIR necessarily involves some degree of
forecasting. While foreseeing the unforeseeable is not
possible, an agency must use its best efforts to find out
and disclose all that it reasonably can.
(8) If, after thorough investigation, a Lead Agency finds
that a particular impact is too speculative for evaluation,
the agency should note its conclusion and terminate dis-
cussion of the impact.
15141 B. 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=
-25-
(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 technical,
economic, and environmental characteristics, considering
the principal engineering proposals.
15144 C. Organizations and Persons Consulted. The identity of all
federal, state or local agencies, other organizations and
private individuals consulted in preparing the EIR, and the
identity of the persons, firm or agency preparing the EIR
by contract or other authorization must be given.
15142 D. Description of Environmental Setting. An EIR must include
15145 a description of the environment in the vicinity of the pro-
ject, 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 inter-
state organizations as being in substantial 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 pur-
poses of examining the possible cumulative impact of such
projects.
-26-
15140 E. Environmental Impact. All phases of a project must be
15143 considered when evaluating its impact on the environment:
planning, acquisition, development and operation. The fol-
lowing subjects shall be discussed, preferably in separate
sections or paragraphs. If they are not discussed separately,
the EIR shall include a table showing where each of the
subjects is discussed.
15143(a) (1) The Significant Environmental Effects of the Proposed
Project. Describe the direct and indirect significant
effects of the project on the environment, giving due
consideration to both the short-term and long-term effects.
It should include relevant specifics of the area, the
resources 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. Cumulative
effects shall also be discussed when found to be sig-
nificant.
15143(b) (2) Any Significant Environmental Effects Which Cannot
be Avoided if the Proposal is Implemented. Describe any
significant impacts, including those which can be reduced
to an insignificant level but not eliminated. Where there
are impacts that cannot be alleviated without imposing an
alternative design, their implications and the reasons
why the project is being proposed, notwithstanding their
effect, should be described. Describe significant impacts
on any aesthetically valuable surroundings, or on human
health.
15143(c) (3) Mitigation Measure Proposed to Minimize the Significant
Effects. Describe significant, avoidable, adverse impacts,
including inefficient and unnecessary consumption of energy
-27-
and measures to minimize these impacts. The discussion
of mitigation measures shall distinguish between the
measures which are proposed by project proponents to be
included in the project and other measures that are not
included but could reasonably be expected to reduce ad-
verse impacts. This discussion shall include an identi-
fication of the acceptable levels to which such impacts
will be reduced, and the basis upon which such levels
were identified. Where several measures are available to
mitigate an impact, each should be discussed and the
basis for selecting a particular measure should be identi-
fied. Energy conservation measures, as well as other
appropriate mitigation measures, shall be discussed when
relevant. Examples of energy conservation measures are
provided in Exhibit "F".
15143(d) (4) Alternatives to the Proposed Action. Describe all
reasonable 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 alternative
of "no project" must also always be evaluated, along with
the impact. The discussion of alternatives shall include
alternatives capable of substantially reducing or elimin-
ating any significant environmental effects, even if these
alternatives substantially impede the attainment of the
project objectives and are more costly.
15143(e) (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
-28-
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
justified now, rather than reserving an option for further
alternatives, should be explained. (But see Paragraph
(9), infra)
15143(f) (6) Any Significant Irreversible Environmental Changes
Which Would be Involved in the Proposed Action Should it
be Implemented. Uses of nonrenewable resources during
the initial and continued phases of the project may be
irreversible since a large commitment of such resources
makes removal or nonuse thereafter unlikely. Primary
impacts and, particularly, secondary impacts (such as a
highway improvement which provides access to a nonaccess-
ible area) generally commit future generations to similar
uses. Also irreversible damage can result from environ-
mental accidents associated with the project. Irretriev-
able commitments of resources should be evaluated to assure
that such current consumption is justified. (But see
Paragraph (9), infra)
15143(g) (7) The Growth-Inducing Impact of the Proposed Action.
Discuss the ways in which the proposed project could foster
economic or population growth, either directly or indir-
ectly, in the surrounding environment. Included in this
are projects which would remove obstacles to population
growth (a major expansion of a waste water treatment plant
might, for example, allow for construction in service
areas). Increases in the population may further tax
existing community service facilities so consideration
must be given to this impact. Also discuss the character-
istics of some projects which may encourage and facilitate
other activities that could significantly affect the
-29-
environment, either individually or cumulatively. It
must not be assumed that growth in any area is nec-
essarily beneficial, detrimental, or of little significance
to the environment.
15143.5 (8) Effects Found Not to be Significant. An EIR shall
contain a statement briefly indicating the reasons that
various possibly significant effects of a project were
dete rmin e d not to be significiant and were therefore
not discussed in detail in the EIR. Contained in an
attached copy of an Initial Study.
15149 (9) Incorporation by Reference.
(a) An EIR may incorporate by reference all or
portions of another document which is a matter of
public record or is generally available to the
public. Where all or part of another document is
incorporated by reference, the incorporated language
shall be considered to be set forth in full as part
of the text of the EIR.
(b) Where part of another document is incorporated
by reference, such other document shall be made
available to the public for inspection at a public
place or public building. The EIR shall state where
the incorporated documents will be available for in-
spection. At a minimum, the incorporated document
shall be made available to the public in an office
of the Lead Agency in the county where the project
would be carried out or in one or more public build-
ings such as county offices or public libraries if
the Lead Agency does not have an office in the county.
(c) Where an EIR uses incorporation by reference,
the incorporated part of the referenced document
-30-
shall be briefly summarized where possible or briefly
described if the data or information cannot be sum-
marized. The relationship between the incorporated
part of the referenced document and the EIR shall
be described.
15143.1 (10) Limitations on Discussion of Environmental Impact.
The information required by subsections (e) and (f) of
Section 15143[(5) and (6) supra] need be included only
in EIRs prepared in connection with any of the following
activities:
(a) The adoption, amendment, or enactment of a
plan, policy, or ordinance of a public agency.
(b) The adoption by a local agency formation com-
mission of a resolution making determinations.
- (c) A Project which will be subject to the require-
ment for preparing an environmental impact statement
pursuant to the requirements of the National Environ-
mental Policy Act of 1969.
15085 F. Preparation of Draft EIR; By Whom.
(1) The draft EIR 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 III, Section 29
A(2) and A(3), supra, the person or entity proposing to
carry out the project shall submit data and information
in the form of a draft EIR, containing the information
required by Paragraphs A, B, C, D, and E above, for review
and consideration by the District's staff. The District's
staff shall analyze the data and information submitted
pursuant to this subsection to verify its accuracy and
objectivity prior to presenting the draft EIR to the Board.
-31-
The Manager may require additional information and data
from the person or entity proposing to carry out the pro-
ject as he may deem necessary for completion of the
draft EIR.
15085 G. Preparation of Draft EIR; By Whom.
(1) The draft EIR shall be undertaken by the District's
staff or by private experts pursuant to contract with
the District .
15085(b) (2) Before completing a draft EIR consisting of the in-
formation specified in Paragraphs A, B, C, D, and E, the
District shall consult with all Responsible Agencies.
In addition, if it has not already done so, the District
should also consult directly with any person or organization
it believes will be concerned with the environmental ef-
fects of the project.
(3) For projects where federal involvement might require
preparation of a federal EIS, the Lead Agency under CEQA
should consult with the appropriate federal agency on the
need for an EIS. If both an EIR and EIS are needed, the
documents should be prepared jointly where federal regu-
lations or procedures allow, or the EIR should be prepared
pursuant to Section 15063(b) of the State Guidelines.
Preparation of a separate EIR and EIS for the same project
should be avoided, if possible.
15085(c) H. 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 for the
Resources Agency on a form attached hereto as Exhibit "D".
Said Notice shall contain the following:
~32-
(1) a brief description of the proposed project;
(2) the location of the proposed project;
(3) information indicating where copies of the draft
EIR are available for review; and
(4) the period during which comments will be received.
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.
I. 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.
15161 J. Review of Draft EIR by Other Public Agencies and Persons
15161.5 With Special Expertise.
(1) General
(a) After filing and posting a Notice of Completion,
the District shall submit copies of the draft EIR
for review and shall consult with and attempt to obtain
comments from 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 or as otherwise determined by the Board. Draft
EIRs and Negative Declarations shall be submitted to
the State Clearinghouse where a state agency is a
Responsible Agency.
(b) The District may send copies of the draft EIR
to public agencies or persons with special expertise
whose comments relative to the draft EIR would be
desirable.
-33-
(c) Each public agency and/or person to whom a
draft EIR is sent shall be advised in writing that
they may submit written comments to the District
within the time established for review under Para-
graph 2, infra.
15160 (2) Time for Review. At the time the Board authorizes
the filing of the Notice of Completion it shall establish
a time period so as to permit adequate review of and com-
ment on the draft EIR by such public agencies or persons.
The period of time, to be established at 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 and no more than
ninety (90) days, except in unusual circumstances, after
the date of mailing or on delivery in person. If a state
agency is a Responsible Agency, the review period shall be
no less than forty-five (45) days unless a shorter period
is approved by the State Clearing House.
15162 (3) Failure to Comment. In the event a public agency or
person whose comments on a draft EIR are solicited pur-
suant to Subparagraph 1, supra, fails to comment within
the time period established pursuant to Subparagraph 2,
supra, it shall be presumed, absent a written request for
a specific extension of time for review and comment, to-
gether with the reasons therefor, that such agency or person
has no comment to make. Any extension of time granted by
the District shall be reasonable under the circumstances,
but ordinarily shall not cover a period greater than the
time period initially established for review and comment
pursuant to Subparagraph 2, supra.
-34-
15160(d) (4) Continued Planning Activities. Continued planning
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.
15085(d) K. Availability of the Draft EIR for Review.
(1) After completing a draft EIR, the District shall
consult with and obtain comments from public agencies
having jurisdiction by law with respect to the project
and should consult with persons having special expertise
with respect to any environmental impact involved. The
District shall provide the general public with an oppor-
tunity to comment on the EIR.
(2) The District shall provide public notice of the com-
pletion of a draft EIR at the same time as it sends a
Notice of Completion to the Resources Agency. Notice
--- shall be mailed to all organizations and individuals who
have previously requested such notice and shall also be
given by at least one of the following procedures:
(a) publication at least one time by the District
in a newspaper of general circulation in the area
affected by the proposed project;
(b) posting of notice by the District on and off
the site in the area where the project is to be
located;
(c) direct mailing to owners of property contiguous
to the project.
(3) The alternatives for providing notice specified in
Subparagraph (2), supra, shall not preclude the District
from providing additional notice by other means if the
District so desires, nor shall the requirements of this
section preclude the District from providing the public
-35-
notice required by this section at the same time and in
the same manner as public notice otherwise required by
law for such project.
(4) The District shall use the State Clearinghouse to
distribute EIRs and other ~nvirc~mental documents to state
agencies for review and should use areawide clearinghouses
to distribute the documents to regional and local agencies.
(5) To make copies of EIRs available to the public, the
District should furnish copies of draft EIRs to appropriate
public library systems.
(6) Any person requesting a copy of the draft EIR from
the District shall be charged the actual cost of reproducing
it.
(7) The District should compile listings of other agencies,
particularly local agencies, which have jurisdiction by
law and/or special expertise with respect to various
projects and project locations. Such listings should be
a guide in determining which agencies should be consulted
with regard to a particular project.
15165 L. Public Hearings.
15085(d)(7) (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 subsequent to
the filing and posting of the Notice of Completion, 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.
-36-
(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 there is 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 fourteen (14) days prior to the date
set for public hearing. Said Notice also shall indicate
where the draft EIR is available for review.
(3) Public Hearing During Regular Meeting. A public
hearing may be scheduled to be conducted during the course
of a regular meeting of the Board.
(4) Procedures for Conducting Public Hearings. The pro-
cedures for the manner of conducting the public hearings
shall be prescribed by the Board at the time the hearing
convenes. Members of the public who attend shall be af-
forded the opportunity to participate in the hearing
process.
15085(f) M. Final EIR.
15146 (1) Preparation. Following the receipt of comments on
the draft EIR by other public agencies and persons with
special expertise as required by Subparagraph J and if a
public hearing has been held pursuant to Subparagraph L,
following such hearing, comments that have been received
shall be evaluated and then a final EIR shall be prepared.
15146(a) (2) Contents. The final EIR shall consist of the draft
EIR or a revision thereof; a section containing a state-
ment of the comments received through the review and con-
sultation process set forth in Subparagraphs J and L,
either verbatim or in summary; a list of persons,
-37-
organizations 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.
15146(b)
The response of the District 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 des-
cribe 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 when the District'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 accepted,
and factors of over-riding importance warranting an over-
ride of the suggestions.
15085(g) N. Adoption of Final EIR by Board; Board Approval or Dis-
approval of Project.
(1) Following preparation of the final EIR, it shall be
presented to the Board at a regular, adjourned, or special
meeting. If the Board finds the final EIR to be in order
it shall certify (a) that the final EIR has been completed
in compliance with CEQA and the State Guidelines, and
(b) that the Board has reviewed and considered the infor-
mation contained in the EIR prior to approval of the
project. If the Board so certifies, it may proceed
immediately to consider the proposed project for purposes
of approval or disapproval. Members of the public may
appear before the Board and present their views prior to
the Board's determination to approve or disapprove the
project.
-38-
15088 (2) The District shall not approve or carry out a
project for which an EIR has been completed which identi-
fies one or more significant effects of the project
unless the District makes one or more of the following
written findings for each such significant effect ac-
companied by a statement of the facts supporting each such
finding.
(a) changes or alterations have been required in,
or incorporated into, the project which mitigate or
avoid the significant environmental effects thereof
as identified in the final EIR:
(b) such changes or alterations are within the
responsibility and jurisdiction of another public
agency and not the District; such changes have
been adopted by such other agency or can and should
be adopted by such other agency;
(c) specific economic, social, or other consid-
erations make infeasible the mitigation measures or
project alternatives identified in the final EIR.
(3) The findings required by Subparagraph (2), supra,
shall be supported by substantiated evidence in the record.
(4) The finding in Subparagraph (2)(b), supra, shall not
be made if the District has concurrent jurisdiction with
another agency to deal with identified feasible mitigation
measures or alternatives.
15085(h) O. 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:
-39-
(1) an identification of the project by its common name
where possible;
(2) the decision of the District to approve or carry
out the project;
(3) the determination of the District whether the
project in its approved form will have a significant
effect on the environment;
(4) a brief statement of the mitigation measures which
were adopted by the District to reduce the impacts
of the approved project; and
(5) a statement that an EIR was prepared pursuant to
the provisions of CEQA and was certified pursuant
to Section 15085(g) of the Secretary for Resources'
Guidelines.
15085(h)(2)
Said Notice shall then be filed with the County Clerk of the
county or counties in which the project is located. If the
project requires discretionary approval from a state agency,
the notice shall a~so be filed with the Secretary for Resources.
15053 P. Costs. As to projects covered by Section 29 A(2) and (3),
supra, 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 incident thereto.
Q. Timely Compliance. The maximum time limit for completion
of EIRs and Negative Declarations for District activities
described in Section 29 A(2) and (3) shall be one year, such
time to be measured from the date on which an application
requesting approval of such activities is received by the
District.
Reasonable extensions of the aforesaid one year time period
may be made by the Manager in the event that unforeseen circum-
stances justify additional time and the project applicant
consents thereto.
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ARTICLE VII - CATEGORICAL EXEMPTIONS
15100 Section 41.
The following classes of projects, in accordance with and
pursuant to Article 8 of the State Guidelines, have been
determined not to have a significant effect on the environ-
ment, and therefore are declared to be categorically exempt
from the requirement of preparing any environmental document.
The categorical exemptions listed herein are not intended
to be, and are not to be construed to be, a limitation on the
categorical exemptions set forth in Article 8 of the State
Guidelines, but are subject to the provisions of Section 15100.2
of the State Guidelines.
15101 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 or use beyond that previously existing, in-
cluding but not limited to:
(1) water conveyance facilities;
(2) water connection facilities, including meter boxes;
(3) fire hydrants;
(4) storage reservoirs;
(5) pump stations;
(6) buildings;
(7) treatment plants;
(8) recreational facilities.
B. Class II: Replacement or Reconstruction. Class II
consists of replacement or reconstruction of any District
facilities, structures or other property where the new fac-
ility or structure will be located on the same site as the
replaced or reconstructed facility or structure, including
but not limited to:
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(1) water conveyance facilities;
(2) water connection facilities, including meter boxes;
(3) fire hydrants;
(4) storage reservoirs;
(5) pump stations;
(6) buildings;
(7) treatment plants;
(8) recreational facilities.
15103 C. Class III: New Construction of Small Structures. Class
III consists of construction of new facilities or structures
and installation of new equipment or facilities, including,
but not limited to:
(1) single family residences not in conjunction with
the building of two or more such units;
(2) motels, apartments, and duplexes designed for not
more than four dwelling units if not in conjunction
with the building of two or more such structures;
(3) stores, offices, and restaurants if designed for
an occupant load of 20 persons or less, if not in
conjunction with the building of two or more such
structures.
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 than ten percent
(10%) 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;
-42-
(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;
(6) minor temporary uses of land having negligible or
no permanent effects on the environment;
(7) maintenance dredging where the spoil is deposited in
a spoil area authorized by all applicable state and
federal regulatory agencies.
15106 E. Class V: Information Collection. Class V consists 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.
15109 F. Class VI: Inspection. Class VI consists of inspection
activities, including but not limited to inquiries into the
performance of an operation and examinations of the quality,
health or safety of a project.
15111 G. Class VII: Accessory Structures. Class VII consists of
the construction or placement or minor structures accessory
to or appurtenant to existing commercial, industrial or in-
stitutional facilities, including small parking lots.
15112 H. Class VIII: Surplus Government Property Sales. Class VIII
consists of sales of surplus government property except for
parcels of land located in an area of statewide interest or
potential area of critical concern as identified in the
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Governor's Environmental Goals and Policy Report prepared pur-
suant to Government Code Sections 65041 et eq. However, if
the surplus property to be sold is located in those areas
identified in the Governor's Environmental Goals and Policy
Report, its sale is exempt if:
(1) the property does not have significant values for
wildlife habitat or other environmental purposes, and
(2) any of the following conditions exist:
(a) the property is of such size or shape that it
is incapable of independent development or use, or
(b) the property to be sold would qualify for an
exemption under any other class of categorical
exemption in Article VII of these Guidelines, or
(c) the use of the property and adjacent property
has not changed since the time of purchase by
the District.
15119 I. Class IX: Annexations of Existing Facilities and Lots
for Exempt Facilities. Class IX consists of only the fol-
lowing annexations:
(1) annexations to the District of areas containing
existing public or private structures developed to the
density allowed by the current zoning or pre-zoning of
either the gaining or losing governmental agency which-
ever is more restrictive, provided, however, that the
extension of utility services to the existing facilities
would have a capacity to serve only the existing
facilities.
(2) annexations of individual small parcels of the
minimum size for facilities exempted by Class III, New
Construction of Small Structures.
-44-
15120 J. Class X: Changes in Organization of the District.
Class X consists of changes in the organization or reorgani-
zation of the District where the changes do not change the
geographical area in which previously existing powers are
exercised. Examples include but are not limited to:
(1) establishment of a subsidiary District;
(2) consolidation of two or more districts having
identical powers;
(3) merger with a city or a district lying entirely
within the boundaries of the city.
ARTICLE VIII - RETENTION OF COMMENTS AND AVAILABILITY OF COMMENTS FOR REVIEW
15166 Section 42.
All written comments received on a draft EIR through the
formal consultation process provided for in Section 40 H,
supra, as well as all written comments that may be received
independently of said process, shall be retained at the
District's office for a period of at least one year follow-
ing approval or disapproval of the project to which they
relate. In addition, said comments shall be made available
for public inspection at all reasonable times.
ARTICLE IX - SUBSEQUENT EIRs
15067 Section 43.
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 involve-
ment of new environmental impacts not considered in the
original EIR.
-45-
B. There are substantial changes with respect to the circum-
stances under which the project is to be undertaken, 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.
ARTICLE X - USE OF A SINGLE EIR FOR MORE THAN ONE PROJECT
15068 Section 44.
A. Two Projects Undertaken at the Same Time. A single EIR
may be utilized to describe 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 environmental
impacts of the projects are essentially the same. If there
are environmental impacts applicable to the later project
which were not associated with the earlier project, the earlier
EIR must be amended to separately set forth and explain said
impacts.
ARTICLE XI - USE OF A
GENERAL PLAN EIR WITH SUBSEQUENT PROJECTS
15068.5 Section 45.
The EIR on a general plan may be used as the foundation docu-
ment for EIRs subsequently prepared for specific projects
within the geographic area covered by the general plan. The
subsequent EIRs may reference and summarize material in the
EIR on the general plan for the description of the general
environmental setting and as much of the description of the
environmental impacts as applies to the specific project.
Detailed information in the EIR on the specific project may
be limited to a description of the project, the specific
-46-
environmental setting and those impacts which are not ade-
quately described for the specific project in the EIR on the
general plan. When a subsequent EIR refers to an EIR on the
general plan for part of its description of the environment
and the environmental impacts, copies of the EIR on the general
plan shall be made available to the public in a number of
locations in the community and to any clearinghouses which
will assist in public review of the EIR. The purpose of this
Section is not to restrict analysis of environmental issues
but is to avoid the necessity for repeating detail from a
General Plan EIR.
ARTICLE XII - MULTIPLE AND PHASED PROJECTS
15069 Section 46.
Where individual projects are, or a phased project is, to be
undertaken and where the total undertaking comprises a
project with significant environmental effect, the District
if it is a Lead Agency must prepare a single EIR for the
ultimate project. Where an individual project is a necessary
precedent for action on a larger project, or commits the Lead
Agency to a larger project, with significant environmental
effect, an EIR must address itself to the scope of the larger
project. Where one project is one of several similar projects
of the District, but is not deemed a part of a larger under-
taking or a larger project, the District may prepare one EIR
for all projects, or one for each project, but shall in either
case comment upon the cumulative effect.
ARTICLE XIII - STAGED EIR
15069.5 Section 47.
A. Where a large capital project will require a number of
discretionary approvals from governmental agencies and one of
the approvals will occur more than two (2) years before con-
struction will begin, a staged EIR may be prepared covering
the entire project in a general form. The staged EIR should
-47-
evaluate the proposal in light of current and contemplated
plans and produce an informed estimate of the environmental
consequences of the entire project. The aspect of the pro-
ject before the District for approval shall be discussed with
a greater degree of specificity.
B. When a staged EIR has been prepared, a supplement to the
EIR shall be prepared when a later approval is required for the
project, and the information available at the time of the later
approval would permit consideration of additional environmental
impacts, mitigation measures, or reasonable alaternatives to
the project.
C. Where a statute such as the Warren-Alquist Energy Resources
Conservation and Development Act provides that a specific agency
shall be the Lead Agency for a project and requires the Lead
Agency to prepare an EIR, a Responsible Agency which must grant
an approval for the project before the Lead Agency has com-
pleted the EIR may prepare and consider a staged EIR.
ARTICLE XV - PARTIAL INVALIDITY
Section 48.
In the event any part or provision shall be determined to
be invalid, the remaining portions of this Resolution which
can be separated from the invalid unenforceable provisions,
shall nevertheless continue in full force and effect.
-48-
EXHIBIT A
PRELIMINARY ENVIRONMENTAL ASSESSMENT
DISTRICT
(address)
Name of Project
Location
Entity or Person Undertaking Project
A. District
B. OTHER
Name
Address
Staff Determination
The District's staff, having undertaken and completed a prelim-
inary review of this project in accordance with the District's
Resolution entitled "Local Guidelines of the
District Implementing the California Environmental Quality Act",
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 29.
2. The project is a Ministerial Project under Section 7.
3. The project is an Emergency Project under Section 33.
4. The project constitutes a Feasibility or Planning
Study under Section 34.
5. The project is Cagegorically Exempt under Section 41.
Applicable Exemption Class
6. The project involves another public agency which con-
stitutes the Lead Agency.
Name of Lead Agency
DATE MANAGER
EXHIBIT B
ENVIRONMENTAL IMPACT ASSESSMENT
DISTRICT
( addre s s )
Name of Project
Location
Entity or Person Undertaking Project
A. District
B. OTHER
Name
Address
Staff Determination
The District's staff, having undertaken and completed an Initial
Study of this project in accordance with Section 38 of the District's
Resolution entitled "Local Guidelines of the
District Implementing the California Environmental Quality Act", for
the purpose of ascertaining whether the proposed project might have
a significant effect on the environment, has reached the following
conclusion:
1. The project could not have a significant effect on
the environment; therefore, a Negative Declaration
should be prepared.
2. The project could have a significant effect on the
environment; therefore, an EIR will be required.
DATE MANAGER
EXHIBIT C
NOTICE OF DETERMINATION
DISTRICT
(address)
TO: County Clerk
County of
Responsible Agency Division
Name of Project
Location
Contact Person Area Code Phone Extension
The Board of Directors of the District,
on 19 , took the following action concerning the
above project:
1. Determined to approve disapprove the project; and
2. Determined that the project will will not have a
significant effect on the environment.
3. An EIR has been prepared pursuant to the provisions of
the California Environmental Quality Act.
A Negative Declaration was prepared for this project
pursuant to the provisions of DEQA. A copy of the
Negative Declaration is attached.
DATE MANAGER
EXHIBIT D
NOTICE OF COMPLETION
District
(address)
Responsible Agency Division
Name of Project
Location
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
EXHIBIT E
NOTICE OF EXEMPTION
District
(address)
TO: County Clerk
County of
Project Title
Project Location - Specific
Project Location - City County
Description of Nature, Purpose, and Beneficiaries of Project
Name of Public AGency Approving Project
Name of Person or AGency Carrying out Project
Exempt State: (check one)
Ministerial - Section 15073
Declared Emergency - Section 15071
Emergency Project - Section 15071
Categorical Exemption - state type and section number
Reasons why project is exempt
Contact Person Area Code Phone 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
EXHIBIT F
Page 1 of 2
ENERGY CONSERVATION
Io INTRODUCTION
The goal of conserving energy implies the wise and efficient use
of energy. The means of achieving this goal include:
(1) decreasing overall per capita energy consumption;
(2) decreasing reliance on natural gas and oil; and
(3) increasing reliance on renewable energy sources.
In order to assure that energy implications are considered in
project decisions, the California Environmental Quality Act requires
that EIRs include a discussion of the potential energy impacts of
proposed projects, with particular emphasis on avoiding or reducing
inefficient, wasteful and unnecessary consumption of energy.
Energy Conservation implies that a project's cost effectiveness
be reviewed not only in dollars, but also in terms of energy require-
ments. For many projects, lifetime costs may be determined more by
energy efficiency than by initial dollar costs.
II. EIR CONTENTS
Potentia~ysignificant energy implications of a project should
be considered in an EIR. The following list of energy impact pos-
sibilities and potential conservation measures is designed to assist
in the preparation of an EIR. In many instances specific items may
not apply or additional items may be needed.
A. Project Description may include the following items:
1. Energy consuming equipment and processes which will be
used during construction, operation and/or removal of the project.
If appropriate, this discussion should consider the energy inten-
siveness of materials and equipment required for the project.
2. Total energyrequirements of the project by fuel type
and end use.
3. Energy conservation equipment and design features.
4. Initial and life-cycle energy costs or supplies.
B. Environmental Setting may include existing energy supplies
and energy use patterns in the region and locality.
C. Environmental Impacts may include:
1. The project's energy requirements and its energy use
efficiencies by amount and fuel type for each stage of the project's
life cycle including construction, operation, maintenance and/or
removal. If appropriate, the energy intensiveness of materials may
be discussed.
EXHIBIT F
Page 2 of 2
2. The effects of the project on local and regional energy
supplies and on requirements for additional capacity.
3. The effects of the project on peak and base period
demands for electricity and other forms of energy.
4. The degree to which the project complies with existing
energy standards.
5. The effects of the project on energy resources.
D. Mitigation Measures may include:
1. Potential measures to reduce wasteful, inefficient and
unnecessary consumption of energy during construction, operation,
maintenance and/or removal. The discussion should explain why certain
measures were incorporated in the project and why other measures were
dismissed.
2. The potential of siting, orientation, and design to
minimize energy consumption.
3. The potential for reducing peak energy demand.
4. Alternate fuels (particularly renewable ones) or
energy systems.
5. Energy conservation which could result from recycling
efforts.
E. Alternatives should be compared in terms of overall energy
consumption and in terms of reducing wasteful, inefficient and un-
necessary consumption of energy.
F. Unavoidable Adverse Effects may include wasteful, inefficient
and unnecessary consumption of energy during the project construction,
operation, maintenance and/or removal that cannot be feasibly mitigated.
G. Irreversible Commitment of Resources may include a dis-
cussion of how the project preempts future energy development or
future energy conservation.
H. Short-Term Gains versus Long-Term Impacts can be compared
by calculating the energy costs over the lifetime of the project.
I. Growth Inducing Effects may include the estimated energy
consumption of growth induced by the project.