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Reso 0752-03/1986 RESOLUTION NO. 752 TABLE OF CONTENTS SECTION 1: Purposes ................... 1 SECTION 2: Short Title ................ 1 SECTION 3: Objectives ................. 2 SECTION 4: Legal Authority for Procedures 2 SECTION 5: Prior District Guidelines... 2 SECTION 6: Effective Date: ............ 2 SECTION 7: Incorporation of State CEQA Guidelines ............... 2 SECTION 8: Supplementary Procedures .. 2 SECTION 9: Definitions: .............. 3 SECTION 10: Lead Agency ............... 3 SECTION 11: Responsible Agency ...... 3 SECTION 12: Project ................. 3 SECTION 13: Emergency Projects ...... 4 SECTION 14: Ministerial Projects .... 4 SECTION 15: Discretionary Projects .. 5 SECTION 16: Approval ................ 5 SECTION 17: Delegation of Responsibility 5 SECTION 18: Lead Agency Procedures ..... 6 A. Preliminary Review ......... 6 B. Notice of Exemption ........ 6 C. Initial Study .............. 6 D. Decision to Prepare an EIR.. 6 E. Decision to Prepare Negative Declaration .............. 6 F. Consideration and Approval of Negative Declaration... 7 G. Notice of Determination .... 7 H. Notice of Preparation of Table of Contents Page Two an EIR ................... 7 ~ I. Notice of Completion of Draft EIR ................ 8 J. Public Review and Hearing on Draft EIR ............. 8 K. Preparation of Final EIR ... 8 L. Certification of Final EIR.. 8 SECTION 19: Necessity for Findings ..... 8 SECTION 20: Approval of Project and Statement of Overriding Considerations ........... 9 SECTION 21: Notice of Determination ..... 9 SECTION 22: Filing of EIR .............. 9 SECTION 23: Responsible Agency Procedure 9 A. Consultation and Response... 9 B. Board Consideration of EIR or Negative Declaration... 9 C. Notice of Detrmination ...... 9 SECTION 24: Time Limits ................. 10 SECTION 25: Statutes of Limitations ..... 10 SECTION 26: Forms ...................... 10 Exhibit A: Notice of Completion ....... 11 Exhibit B: Notice of Determination ..... 12 Exhibit C: Notice of Exemption ......... 13 Exhibit D: Notice of Preparation ....... 14 Exhibit E: Negative Declaration and Environmental Impact Assessment ................ 15 - 20 SECTION 27: Future Amendments .......... 21 RESOLUTION NO. 752 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 WWRREAS, the California Environmental Quality Act of 1981, as amended, (CEQA) and the Guidelines for implementation of that statute promulgated by the California Resources Agency require this District to adopt local guidelines implementing that statute and those regulations. WHEREAS, the San Marcos County Water District has heretofore adopted regulations implementing the Environmental Quality Act and the Regulations of the Secretary of Resources which must be amended and updated. NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of San Marcos County Water District do hereby find, resolve, determine and order that any and all prior resolutions adopting local guidelines for SAN MARCOS COUNTY WATER DISTRICT for implementing the California Environmental Quality Act are hereby rescinded. FURTHER RESOLVED, that effective March 3, 1986, the regulations and guidelines set forth in this resolution establish the local guidelines for the SAN MARCOS COUNTY WATER DISTRICT for implementing the California Environmental Quality Act, as amended, and the related regulations of the California Resources Agency. SECTION 1 - PURPOSES: These procedures are intended to implement the purposes and provisions of the California Environmental Quality Act (hereinafter referred to as "CEQA"), as set forth in Public Resources Code Section 21,000 et seq., and the Guidelines for Implementation of the California Environmental Quality Act (hereinafter referred to as "State CEQA Guidelines"), developed by the Office of Planning and Research and adopted by the Secretary for Resources, as set forth in Title 14 of California Administrative code Sections 15,000 et seq. SECTION 2 - SHORT TITLE: These procedures may be cited as the "District's CEQA Procedures". SECTION 3 - OBJECTIVES: From time to time and under circumstances as outlined bhy these Guidelines, an environmental document must be prepared as a prerequisite to approval of a project. The function of such a document is to inform the Board of Directors of the environmental effects of a proposed project. The environmental effects set forth in such a document are to be evaluated by the Board of Directors before a project is approved. The Board retains existing authority to balance environmental objectives with economic, social, and other relevant objectives of the proposed project. The information in an EIR constitutes evidence that a public agency shall consider along with any other information which may be presented to the agency. SECTION 4 - LEGAL AUTHORITY FOR PROCEDURES: These procedures are adopted pursuant to the requirements of Section 21082 of the Public Resources Code which requires all public agencies to adopt objectives, criteria and procedures for the evaluation of projects and the preparation of environmental documentation and which requires that such objectives, criteria and procedures must be consistent with the provisions of CEQA and with the State CEQA Guidelines. SECTION 5 - PRIOR DISTRICT GUIDELINES: These procedures shall replace the District's Guidelines Implementing California Environmental Quality Act of January 1981. These procedures apply prospectively only and shall apply to steps in the CEQA process not yet undertaken on the effective date of these procedures, provided, however, that any document meeting the content requirements in effect when the document was set out for public review need not be revised to conform to any new content requirements in these procedures which take effect before the document is finally approved. SECTION 6 - EFFECTIVE DATE: These procedure shall take effect March 3, 1986. SECTION 7 - INCORPORATION OF STATE CEQA GUIDELINES: Pursuant to the authority granted by Section 15022(d) of the State CEQA Guidelines, the District adopts and incorporates by referenc the State CEQA Guidelines to the extent that they are applicable to local agencies such as the District. A copy of the State CEQA Guidelines shall be maintained on file at the offices of the District with these procedures, and any future amendment to the State CEQA Guidelines shall be deemed automatically incorporated into these procedures on the 120th day after the effective date of the amendment, or on such earlier date as may be required by the amendment. SECTION 8 - SUPPLEMENTARY PROCEDURES: These procedures are intended to tailor the general provisions of the State CEQA Guidelines to the specific operations of the District. In the event of any irreconcilable conflict, the State CEQA Guidelines shall prevail over these procedures. SECTION 9 - DEFINITIONS: Article 20 (commencing with Section 15350) of the State CEQA Guidelines contains definitions of terms used throughout those guidelines, unless a term is otherwise defined in a particular section. Those definitions shall apply to these procedures, and in addition, thereto, the following additions shall apply: (a) "Board" means the Board of Directors of the San Marcos County Water District. (b) "Deciseion-making Body", when used in reference to the District, means the Board. (c) "District" means the San Marcos County Water District. (d) "Staff" means the District's General Manager or his or her designee. SECTION 10 - LEAD AGENCY: 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. The Lead Agency will prepare the environmental documents for the project either directly or by contract. SECTION 11 - RESPONSIBLE AGENCY: Responsible Agency means a public agency which proposes to carry out or approve a project for which a Lead Agency has prepared the environmental documents. For the purpose of CEQA, the term includes all public agencies other than the Lead Agency which have discretionary approval power over the project. SECTION 12 - PROJECT: Project means the whole of an action, which has a potential for physical impact on the enviroment, directly or ultimately, that is any of the following: (1) An activity directly undertaken by the District; (2) An activity undertaken by a person which is supported in whole or in part through contracts, grants subsidies, loans, or other forms of assistance from the District; (3) An activity involving the issuance by the District to a person of a lease, permit, license, certificate, or other entitlement for use. A 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 facilities, general policy and procedure making (except 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. The term "PROJECT" refers to the activity which is being approvede and which may be subject to several discretionary approvals by governmental agencies. The term "PROJECT" does not mean each separate governmental approval. SECTION 13 - EMERGENCY PROJECTS: The following emergency projects do not require the preparation of a negative declaration or an EIR and thus are outside the scope of these Guidelines: (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-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with §ection 8550) of Division 1, Title 2 of the Government Code. (B) Emergency repairs to any of the District's facilities necessary to maintain service. (C) Specific actions necessary to prevent or mitigate an emergency. An 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 fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences, riot, accident, or sabotage. SECTION 14 - MINISTERIAL PROJECTS: Ministerial projects are exempt from the requirements of CEQA and these Guidelines and consequently no environmental documents are required therefor. Generally speaking, a ministerial project is one requiring approval by the District as a matter of law or the use of fixed stnadards or objective measujrements without personal judgment. Examples of such projects include but are not limited to, individual utility service connections and disconnections, all activities relating to in-development water service to developments which have been approved by other appropriate governmental agencies, and utility service connections and disconnecttions to potential customers within such developments. The decision as to whether or not a proposed project is ministerial in nature, and thus outside the scope of this enactment, shall be made by the District on a case-by-case basis or as part of these Guidelines as hereinafter set forth. SECTION 15 - DISCRETIONARY PROJECT: A Discretionary Project means a project approval of which requires the exercise of independent Judgment, deliberation or decision-making on the part of the District. SECTION 16 - APPROVAL: Approval means a decision by the District which commits it to a definite course of action with regard to a particular project. As respects any project to be undertaken directly by the District, approval shall be deemed to occur on the date the Board adopts a resolution making 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, approval shall be deemed to occur upon the earliest commitment to issue or the issuance by the District of a discretionary contract, frant, 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. SECTION 17 - DELEGATION OF RESPONSIBILITY: Except as otherwise provided in these procedures, in order to expedite the operations of the District, all steps and functions involved in the process of preparing environmental documents are delegated to the District's Staff who, upon approval of the Board, may be assisted by private consultants and others pursuant to contracts with the District. The foregoing delegation of responsibilities to Staff shall govern all projects of the District unless otherwise ordered by the Board. Staff shall advise the Board of steps being taken in the preparation of environmental documents. The Board reserves the right to overrule any decision or conslusion of Staff, to reassign responsibilities to private consultants or a commmittee of the Board, or to assume such responsibilities itself. The Board shall not delegated, and hereby reserves to itself, the responsibility for: (A) Reviewing and approving a draft EIR before it is sent out for public review. (B) Certifying that a final EIR had been completed in compliance with CEQA and reviewing and considering the information contained in the final EIR prior to approving the project. (C) Approving a negative declaration prior to approving the project. (D)Making of findings as required by Section 15091 of the State CEQA Guidelines. (E) Making of the statement of overriding considerations as required by Sectiton 15093 of the State CEQA Guidelines. SECTION 18 - LEAD AGENCY PROCEDURES: (A) PRELIMINARY REVIEW: Where the District is the lead agency, staff shall act on behalf of the District in making the preliminary review described in Section 15060 of the State CEQA Guidelines. (B) NOTICE OF EXEMPTION: If as a result of the preliminary review, Staff determines that a particular activity is exempt from CEQA, Staff may prepare a Notice of Exemption, substantially in the form of Appendix E to the State CEQA Guidelines, which shall be filed with the County Clerk of the county in which the project will be located after approval of the project by the Board. However, ailure to comply with this section shall not affect the validity of the approval of any of the project. (See Exhibit D). (C) INITIAL STUDY: Where the District is the Lead Agency, Staff shall prepare an initial study, as described in Section 15063(d) of the State CEQA Guidelines, to determine if the project may have a significant effect on the environment. However, if it can be clolearly determined without an initial study that an EIR will be required for the project, an initial study is not required. (See Exhibit F). (D) DECISION TO PREPARE AN EIR: If Staff determines that an EIR is required, it shall file with the Board a copy of its initial study, or if there be no initial study, a statement of its reasons why an EIR is required. If the Board concurs with the Staff recommendation, it shall direct preparation of the EIR either by Staff or pursuant to contact with private consultants. (E) DECISION TO PREPARE NEGATIVE DECLARATION: If Staff determines from the initial study that a negative declaration should be prepared, it shall prepare a proposed negative declaration for public review and shall fix a date for a public hearing by the Board. Staff shall give notice to the public at least 15 days prior to the adoption by the Board of the Negative Declaration by ritten notice to all organizations and invidualos who have prviously requested such notice, by posting a copy at the principal office of the District and by publication least one time in a newspaper of general circulation in the area affected by the proposed project. Staff may provide additional notice by other means. The public review period for a proposed negative declaration shall be at least 15 days, unless the proposed negative declaration must be submitted to - the State Clearinghouse for review by state agencies, in which case the public review period shall be at least 30 days. At the time and place set forth in the notice, the Board dshall hold a public hearing for the purpose of receiving additional comments from members of the public and interested parties. (See Exhibit G). (F) CONSIDERATION AND APPROVAL OF NEGATIVE DECLARATION: Prior to approving the project, the Board shall consider the proposed negative declaration, together with any comments received during the public review and hearing process and shall approve the negative declaration if it finds on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. (G) NOTICE OF DETERMINATION: After deciding to carry out or approve a project for which a negative declaration has been approved, Staff shall prepare a Notice of Determination, substantially in the form of Appendix D to the State CEQA Guidelines, which shall be filed with the County Clerk of the county in which the project shall be located and, if the project requires the discretionary approval from any state agency, with the Secretary for Resources. (See Exhibit C). (H) NOTICE OF PREPARATION OF AN EIR: If it is decided that an EIR is required for the project, Staff shall send by certified mail, return receipt requested, to each responsible agency a Notice of Preparation, substantially in the form of Appendix J to the State CEQA Guidelines. This notice shall also be sent to every federal agency involved in approving or funding the project and to each trestee agency responsible for natural resources affected by th eproject, as provided in Section 15082 of the State CEQA Guidelines. In order to expedite the process, the Staff may request one or more meetings between representatives of agencies involved, and Staff may also consult directly with any person or organization it believes will be concerned with the environmental effects of the project. (See State CEQA Guidelines, Sections 15082(c), 15083). (See Exhibit E). (I) NOTICE OF COMPLETION OF DRAFT EIR: Upon completion of the draft EIR, it shall be presented to the Board for review at a regular or special meeting. If the Board finds the draft EIR to be in order, it shall authorize Staff to file with the Secretary for Resources a Notice of Completion, substantially in the form of Appendix C to the State CEQA Guidelines. (See Exhibit B). (J) PUBLIC REVIEW AND HEARING ON DRAFT EIR: The Board shall fix a time for public review of the draft EIR, which shall be not less than 30 days nor longer than 90 days from the date of the notice unless it is an unusual situation. The Board shall fix a date during the review period for a public hearing by the Board on the contents of the draft EIR. Public notice of the availability of the draft EIR and of the public hearing shall be given by publication at least one time in a newspaper of general circulation in the area affected by the proposed project. (K) PREPARATION OF FINAL EIR: Following the public review period and the public hearing, and before approval of the project, the Board shall direct preparation of a final EIR, which shall include mattrs described in Section 15132 of the State CEQA Guidelines. The Board may, but shall not be required to, provide an opportunity for review by the public of the final EIR before approving the project. (L) CERTIFICATION OF FINAL EIR: Following preparation of the proposed final EIR, it shall be presented to the Board at a regular or special meeting. If the Board finds the final EIR to be in order, it shall certify that: (1) The final EIR has been completed in compliance with CEQA; and (2) The final EIR was presented to the Board and the Board reviewed and considered the information contained in the final EIR prior to approving the project. SECTION 19 - NECESSITY FOR FINDINGS: The Board shall not approve or carry out a project for which an EIR has been completed which identifies one or moe significant environmental effects of the project unless the Board makes one or more written findings described in Section 15091 of the State CEQA Guidelines, based on substaantial evidence, for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. SECTION 20 - APPROVAL OF PROJECT AND STATEMENT OF OVERRIDING CONSIDERATIONS: After considering the final EIR, and in conjunction with the making of the foregoing findings, the Board may decide whether or how to approe or carry out a project. If the Board determines to approve a project, despite remaining significant effects on the environment found to be unavoidable, it shall state in writing the specific reasonse to support this action based upon the final EIR and/or other information in the record, as required by Section 15092 and 15093 of the State CEQA Guidelines. SECTION 21 - NOTICE OF DETERMINATION: Staff shall file a Notice of Determination, substantially in the form of Appendix D to the State Guidelines, following each project approval for which an EIR was considered, as provided in Section 15094 to the State CEQA Guidelines. (See Exhibit C). SECTION 22 - FILING OF EIR: Staff shall file copies of the final EIR as provided in Section 15095 of the State CEQA Guidelines. SECTION 23 - RESPONSIBLE AGENCY PROCEDURES: (A) CONSULTATION AND RESPONSE: If the District is a responsible agency, Staff shall respond to requests for consultation by the Lead Agency and shall designate employees or representatives to attend meetings requested by the lead agency to discuss the scope and content of a proposed EIR. Staff shall review and comment on draft EIR's and negative declarations for projects for which the District would later be asked to approve. If there is adequate time, Staff may consult with the Board regarding such comments. (B) BOARD CONSIDERATION OF EIR OR NEGATIVE DECLARATION: Prior to reaching a decision on the project for which the District is a responsible agency, the Board must consider the environmental effects of the project as shown in the EIR or negative declaration and, if necessary, adopt the alternatives, mitigation measures or findings referrd to in Section 15096(g) and (h) of the State CEQA Guidelines. (C) NOTICE OF DETERMINATION: Upon approval of the project by the Board for which the District is a responsible agency, Staff shall file a Notice of Determination substantially in the form of Appendix D to the State CEQA Guidelines, as provided in Section 15096(i) of said Guidelines. (See Exhibit C). SECTION 24 - TIME LIMITS: Insofar as practical, the District shall comply with the time limits set forth in Article 8, commencing with Section 15100, of the State CEQA Guidelines. However, if Board action is required, a special meeting of the Board shall not be required solely to meet the time limits set forth therein. Matters requiring Board action need only be considered at regular meetings of the Board scheduled after any period that may be required for public notice and review. A special meeting may be called if deemed appropriate. SECTION 25 - STATUTES OF LIMITATIONS: Inasmuch as these procedures are intended to implement CEQA and the State CEQA Guidelines, court challenges alleging failure to comply with any of these procedures shall be subject to the same limitation periods applicable to proceedings under CEQA. Any court challenge involving these procedures which is determined not to be subject to the limitations period applicable to proceedings under CEQA shall be subject to provisions of Code of Civil Procedure Section 1094.6 which is hereby declared to be applicable under such circumstances. SECTION 26 - FORMS: The State CEQA Guidelines have as appendices the following forms which are adopted by the Board and identified as Exhibits A, B, C, D and E and are incorporated into this resolution: Appendix C: Notice of Completion Exhibit A Page 1 Appendix D: Notice of Determination- - Exhibit B Page 1 Appendix E: Notice of Exemption. Exhibit C Page 1 Appendix J: Notice of Preparation. Exhibit D Page 1 Appendix I: Environmental Initial Study and Negative Declaration. - Exhibit E Page 1-6 To the extent practical, the District shall use such forms in providing the notices required by these procedures. However, in lieu thereof, Staff may prepare other forms for use by the District, provided they contain the information required by the State CEQA Guidelines and these procedures. SECTION 27 - FUTURE AMENDMENT: Future amendments to the State CEQA Guidelines shall be deemed automatically incorporated into these procedures on the 120th day after the effective date of the amendment, or on such earlier date as may be required by the amendment. PASSED, APPROVEDAND ADOPTED this 3rd day of March, 1986 by the following roll call vote: AYES: Directors: Mason, Rutherford, Fergus0n, Mahr, Newport NOES: Directors: None ABSTAIN: Directors: None ABSENT: Directors: None San Marcos County Water District ATTEST: William W. Rucker, Secretary Board of Directors San Marcos County Water District NOTICE OF COMPLETION SAN MARCOS COUNTY WATER DISTRICT 788 West San Marcos Boulevard San Marcos, California 92069 - TO: Secretary for Resources The Resources Agency State of California 1416 Ninth Street, Room 1311 Sacramento, California 95814 Responsible Agency/District/Division Name of Project Location of Project District Contact Person Area Code Phone Extension Address Where Copy of EIR is Available Period during which comments will be received for review DESCRIPTION OF NATURE, PURPOSE AND BENEFICIARIES OF PROJECT: Date General Manager (Ref: Section 15085) (2-86) Exhibit A Page 1 NOTICE OF DETERMINATION SAN MARCOS COUNTY WATER DISTRICT 788 West San Marcos Blvd. San Marcos, California 92069 TO: COUNTY CLERK COUNTY OF SAN DIEGO Responsible Agency/District/Division Name of Project Location District Contact Person Area Code Phone Extension The Board of Directors of San Marcos County Water 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. a. ( ) An EIR has been prepared pursuant to the provisions of the California Environmental Quality Act and was certified pursuant to Section 15085(g) of the State EIR Guidelines. b. ( ) A Negative Declaration was prepared for this project pursuant to the provisions of CEQA, a copy of the Negative Declaration is attached. ( ) 3. The environmental effects of the project are too speculative for evaluation, therefore, no further environmental review is required. 4. Mitigation measures adopted to reduce the impacts of the approved project: Date General Manager Exhibit B Page 1 NOTICE OF EXEMPTION TO: County Clerk County of Responsible Agency/District/Division Name of Project Location District Contact Person Area Code Phone Ext. Name of Person or Agency Carrying Out Project DESCRIPTION OF NATURE, PURPOSE AND BENEFICIARIES OF PROJECT: EXEMPT STATUS (Check One) STATE GUIDELINE ( ) Ministerial Project Sec. 15369 ( ) Emergency Project Sec. 15359 ( ) Feasibility Study Sec. 15364 ( ) Categorical Exemption Sec. 15354 ( ) Lead Agency Sec. 15062 REASON PROJECT IS EXEMPT: 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 General Manager NOTICE OF PREPARATION FROM: (Responsible Agency) (District) (Address ) (Address ) (City, State, Zip) (City, State, Zip) SUBJECT: NOTICE OF PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT REPORT SAN MARCOS COUNTY WATER DISTRICT will be the Lead Agency and will prepare an environmental impact report for the project identified below. We need to know the views of your agency as to the scope and content of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering' your permit or other approval for the project. The project description, location, and the probably environmental effects are contained in the attached materials. A copy of the Initial Study ( )is ( )is not, attached. Due to the time limits mandated by State law, your response must be sent at the earliest possible date but not later than 45 days after receipt of this notice. Please send your response to: at the address shown above. We will need the name for a contact person in your agency. PROJECT TITLE: PROJECT APPLICANT, IF ANY: Date: Signature: Telephone No. Date: Exhibit D (Ref: Section 15082 Page 1 of 1 NEGATIVE DECLARATION BY THE SAN MARCOS COUNTY WATER DISTRICT LkAD AGENCY: NAME OF PERSON TO CONTACT: DESCRIPTION, LOCATION, AND PURPOSE OF PROJECT: FINDING: The SAN MARCOS COUNTY WATER DISTRICT, by and through an Environmental Impact Assessment dated , 19 , found that the aforesaid project WILL NOT HAVE a significant effect on the environment. REASONS: INITIAL STUDY: The Initial Study was prepared by: A copy is available at the District Office. POSTED: FINALED: BY: General Manager Date Signed NOTES: Exhibit ENVIRONMENTAL IMPACT ASSESSMENT SAN MARCOS COUNTY WATER DISTRICT NAME OF PROJECT: LOCATION: ASSESSOR'S PARCEL NO: ENTITY OR PERSON UNDERTAKING PROJECT: ( ) SAN MARCOS COUNTY WATER DISTRICT ( ) OTHER: Name: Address: STAFF DETERMINATION: The District's staff, having undertaken and completed an Initial Study of this project in accordance with the resolution adopted by the Board of Directors entitled "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" 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. ( ) 3. The environmental effects of the project are too speculative for evaluation, therefore, no further environmental review is required. Date General Manager Exhibit E Page 2 of 6 ENVIRONMENTAL INITIAL STUDY SHEET FOR EXTENSION OF A WATER/SEWER SYSTEM GENERAL INFORMATION: A. LAND OWNER: Name: Address: Telephone Number: B. AGENCY OR INDIVIDUAL PREPARING THIS FORM: Name: Address: Telephone Number: C. LOCATION AND BRIEF DESCRIPTION OF PROJECT, INCLUDING SIZE AND TYPE OF DEVELOPMENT: D. BRIEF DESCRIPTION OF WATER AND/OR SEWER FACILITIES REQUIRED TO SERVE THE PROJECT: Exhibit Paqe.3 of II. ENVIRONMENTAL IMPACT QUESTIONNAIRE: YES NO 1. Will the project require the issuance of a variance or special use permit by the County or City? 2. Will the project require a variance from established environmental standards (air, water, noise, etc.), and/or adopted plans? 3. Will the project require certification, authorization or issuance of a permit from any local, state, or federal environmental control agency? 4. Will the project require a change in zoning by the County or City? 5. Could the project affect the use of a recreational area or areas of important aesthetic value? 6. Will the project have any substantial and demonstrable negative aesthetic effect? 7. Could the project substantially affect a rare or endangered species of animal or plant, or habitat, food source, nesting place, source of water, etc., of such a species? 8. Will the project cause substantial interference with the movement of any resident or migratory fish or wildlife species? 9. Will the project breach any published National, State or local standards relating to solid waste or litter control? 10. will it be necessary to improve or construct any public or private roads ' for the project? 11. Could the project result in a generation of significant amounts of noice? 12. Could the project result in a generation of significant amounts of dust? Exhibit E Page 4 of 6 13. Could the project result in a signifi- cant change in the quality of any portion of the region's air or water resources? 14. Will the project involve the burning of brush, trees, construction materials, etc.? 15. Will the project involve the possibility of contaminating a public water supply system or adversely affecting ground- water quality? 16. Could the project cause substantial flooding, erosion or siltation? 17. Is the project subject to a major geologic hazard, such as the construction of facilities in the area of an active fault or areas subject to ground shaking, land- slide, etc.? 18.' Could the project significantly affect a historical or archaeological site or its setting? 19. Could the project significantly affect the potential use, extraction or con- servation of a scarce natural resource? 20. Could the project serve to encourage development of presently undeveloped areas or intensify development of already developed areas surrounding the project area? 21. List all public utilities that will serve the project? Exhibit III. STATEMENT OF NO SIGNIFICANT ENVIRONMENTAL EFFECTS: If you have answered YES to one or more of the questions in Section II, but still think the project will have no significant environmental effects, indicate the reasons below: I understand that this is only a preliminary Questionnaire, and if the District determines that the project has a significant impact on the environment, it will be necessary to provide the District with an Environmental Impact Report. Signature of Applicant Date Note: Attach District map of project. Exhibit E Paqe 6 0~ 6