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Reso 1550 05/2019RESOLUTION NO. 1550 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE VALLECITOS WATER DISTRICT 2018 WATER, WASTEWATER AND RECYCLED WATER MASTER PLAN, ADOPTING THE FINDINGS AND MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING THE 2018 WATER, WASTEWATER, AND RECYCLED WATER MASTER PLAN WHEREAS, the Vallecitos Water District ("District") Board of Directors has determined that the 2018 Water, Wastewater, and Recycled Water Master Plan ("2018 Master Plan" or "Project") is required for orderly planning by the District to meet its projected water and sewer customer service needs through ultimate build -out; and WHEREAS, pursuant to section 21067 of the Public Resources Code, and section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the District is the lead agency for the proposed Project; and WHEREAS, in conjunction with the 2018 Master Plan, the District determined that a Draft Program Environmental Impact Report (PEIR) should be prepared because the Project may have a significant effect on the environment; and WHEREAS, in accordance with State CEQA Guidelines section 15082, on November 21, 2017 the District sent to the Office of Planning and Research and each responsible and trustee agency a Notice of Preparation ("NOP") stating that an Environmental Impact Report (State Clearinghouse [SOH] number 2017111082) would be prepared; and WHEREAS, the District conducted a Notice of Preparation Public Scoping Meeting on December 7, 2017, to provide an opportunity for agency and public input on the scope of the Draft PEIR; and WHEREAS, a Draft PEIR was prepared, incorporating comments received in response to the NOP; and WHEREAS, in accordance with State CEQA Guidelines section 15085, a Notice of Completion was prepared and filed with the Office of Planning and Research on October 19, 2018; and WHEREAS, as required by State CEQA Guidelines section 15087(a), the District provided Notice of Availability of the Draft PEIR to the public at the same time that the District sent Notice of Completion to the Office of Planning and Research; and WHEREAS, the Draft PEIR and its technical appendices were distributed or otherwise made available to responsible and trustee agencies, other public agencies having jurisdiction by law with respect to the Project, to other interested persons and agencies, and to the public for review and comment for a period of at least forty-five days; and Resolution No. 1550 May 1, 2019 Page 2 WHEREAS, notice of the Draft PEIR was provided in accordance with sections 21083, 21091, and 21092 of the California Public Resources Code; and WHEREAS, during the public review and comment period, a total of seven written comment letters were received, including two letters from state agencies, one letter from a local agency, one letter from a Native American tribe, and three letters from interested entities or parties; and WHEREAS, the District prepared written responses to each comment letter received during the public review and comment period; and WHEREAS, pursuant to Public Resources Code section 21092.5, the District provided copies of its responses to commenting public agencies at least ten (10) days prior to the District's consideration of the Final PEIR; and WHEREAS, on April 25, 2019, the District released the Final PEIR, which consists of the Draft PEIR, all technical appendices prepared in support of the Draft PEIR, all written comment letters received on the Draft PEIR, written responses to all comment letters received, and errata to the Draft PEIR and technical appendices; and WHEREAS, the "PEIR" consists of the Final EIR and its attachments and appendices, as well as the Draft PEIR and its attachments and appendices (as modified by the Final PEIR); and WHEREAS, all potentially significant adverse environmental impacts were sufficiently analyzed in the PEIR; and WHEREAS, the District has endeavored in good faith to set forth the basis for its decision on the Project; and WHEREAS, the District has reviewed and considered the final PEIR, in the exercise of its independent judgment, prior to acting on the proposed Project and has certified that the final PEIR has been completed in compliance with all of the requirements of CEQA, the CEQA Guidelines (14 California Code of Regulations Sections 15000 et seq.), and relevant case law; and WHEREAS, the District has determined that the final PEIR adequately addresses the potential environmental impacts of the Project; and, that mitigation measures have been incorporated into the proposed Project which substantially lessen the potentially significant environmental effects of the Project identified in the PEIR; and WHEREAS, the 2018 Master Plan would not result in any significant and unavoidable environmental effects; and Resolution No. 1550 May 1, 2019 Page 3 WHEREAS, no comments made in the public hearing conducted by the District and no additional information submitted to the District have produced significant new information requiring recirculation of the PEIR or additional environmental review of the Project under Public Resources Code section 21092.1 and State CEQA Guidelines section 15088.5; and WHEREAS, on May 1, 2019, the District conducted a duly noticed public hearing on this Resolution, at which time all persons wishing to testify were heard and the Project was fully considered; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Vallecitos Water District as follows: Section 1: The Board of Directors of the Vallecitos Water District does hereby certify: (1) That it has been presented with the PEIR, which it has reviewed and considered, and further finds that the PEIR is an accurate and objective statement that has been completed in full compliance with CEQA and the State CEQA Guidelines, and that the PEIR reflects the independent judgment and analysis of the District. (2) That no evidence of new significant impacts or any significant new information, as defined by State CEQA Guidelines section 15088.5, has been received by the District after circulation of the Draft PEIR that would require recirculation. (3) The PEIR based on the entirety of the record of proceedings. Section 2: The Board of Directors hereby adopts the Findings and Certifications set forth in the document entitled, CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS IN CONNECTION WITH THE APPROVAL OF THE VALLECITOS WATER DISTRICT 2018 WATER, WASTEWATER AND RECYCLED WATER MASTER PLAN, attached hereto as Exhibit "A" and incorporated herein by this reference (herein called the "Findings"); and, finding that the mitigation measures described in the Final PEIR would avoid or mitigate all potentially significant adverse effects on the environment that may be caused by the 2018 Master Plan to a less than significant level. Section 3: Pursuant to Public Resources Code section 21081.6, the Board of Directors hereby adopts the 2018 MASTER PLAN PEIR MITIGATION MONITORING AND REPORTING PROGRAM ("MMRP") attached hereto as Exhibit "B" and incorporated herein by this reference. Implementation of the Mitigation Measures contained in the MMRP is hereby made a condition of approval of the Project. In the event of any inconsistencies between the Mitigation Measures set forth in the PEIR and the MMRP, the MMRP shall control. Resolution No. 1550 May 1, 2019 Page 4 Section 4: The documents and other materials that constitute the record of proceedings on which this resolution of the Vallecitos Water District Board of Directors is based are located at 201 Vallecitos de Oro, San Marcos, California. The custodian of these records is Robert Scholl, Development Services Senior Engineer. This information is provided in compliance with Public Resources Code section 21081.6. Section 5: Based upon the entire record before it, the Board of Directors hereby approves and adopts the 2018 Master Plan and directs that the General Manager file a Notice of Determination within five working days of this Project approval with the San Diego County Clerk and the State Clearinghouse. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting held on this 1st day of May, 2019 by the following roll call vote: AYES: MARTIN, ELITHARP, HERNANDEZ, EVANS NOES: ABSTAIN: ABSENT: SANNELLA Hal Martin, President Board of Directors Vallecitos Water District Glenn Pruim, Secretary Board of Directors Vallecitos Water District