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Reso 1630 12/2022RESOLUTION NO. 1630 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT MAKING FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND ADOPTING ADDENDUM NO. 1 TO 2004 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE MEADOWLARK WATER RECLAMATION FACILITY (SCH # 2004091046) WHEREAS, on October 20, 2004, the Board of Directors for the Vallecitos Water District adopted the Initial Study/Mitigated Negative Declaration for the Meadowlark Water Reclamation Facility (SCH # 2004091046) ("2004 IS/MND"), adopted a Mitigation Monitoring and Reporting Program, and approved the Notice of Determination ("NOD") pursuant to the California Environmental Quality Act ("CEQA"); and WHEREAS, the 2004 IS/MND included a number of individual expansion projects, for the Meadowlark Water Reclamation Facility, including the Meadowlark Reclamation Facility ("MRF") Conversion to Sodium Hypochlorite Project ("Project"), and the IS/MND analyzed the impacts of such included projects; and WHEREAS, the Project analyzed in the 2004 IS/MND proposed upgrades to the existing chlorine gas facility and disinfection system including upgrading the chlorine gas building and disinfection system by replacing the static meter with a new ejector unit, adding a dry chemical scrubber to the existing gas chlorine system, and adding a fire suppression system; and WHEREAS, the District proposes to make minor improvements to the Project, ("Improved Project") to include complete removal of the existing chemical building, chlorine gas storage and feed system, and chemical scrubber and replacement of that system with a 12.5 percent sodium hypochlorite solution storage and feed system; and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an IS/MND has been adopted, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and State CEQA Guidelines section 15162 require additional environmental review; and WHEREAS, staff has evaluated the Improved Project in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166 and State CEQA Guidelines section 15162, and concluded that the Improved Project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects that were previously disclosed in the 2004 IS/MND and therefore no subsequent EIR or mitigated negative declaration is required; and WHEREAS, the Improved Project would nonetheless necessitate minor changes or additions to the IS/MND and thus, the District has prepared an Addendum to the 2004 IS/MND ("Addendum No. 1 ") pursuant to State CEQA Guidelines section 15164; and WHEREAS, on December 14, 2022, the Board of Directors of the District held a duly noticed public meeting to consider the Improved Project and the Addendum, at which members of the public were afforded an opportunity to comment on the Improved Project and Addendum No. 1; and Resolution No. 1630 Page 2 WHEREAS, the Board of Directors has carefully considered the 2004 IS/MND, the Addendum No. 1, the staff report and all pertinent testimony offered at the public meeting held on December 14, 2022; and WHEREAS, State CEQA Guidelines section 15164, subdivision (c) does not require the Addendum to be circulated for public review but can be included in or attached to a final IS/MND; and WHEREAS, the findings and conclusions made by the Board of Directors are based on the oral and written evidence presented as well as the entirety of the administrative record for the Project, which is incorporated herein by this reference. NOW THEREFORE, THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: Recitals. The recitals above are true and correct and are hereby adopted as findings, as if fully set forth herein. SECTION 2: Compliance With CEQA. State CEQA Guidelines section 15164 allows lead agencies to prepare an addendum to a previously certified IS/MND if some changes or additions to the project are necessary, but none of the conditions requiring preparation of a subsequent IS/MND are present. The Board of Directors has reviewed and considered the administrative record, including but not limited to the 2004 IS/MND and Addendum No. 1, which are all incorporated by reference as though set forth fully herein, and finds that those documents taken together contain a complete and accurate reporting of all the environmental impacts associated with the Project and the Improved Project. The Board of Directors further finds that the Addendum and the administrative record have been completed in compliance with CEQA, the State CEQA Guidelines, and the District's Local Guidelines. The Board of Directors finds and determines that the Addendum reflects the District's independent judgment. SECTION 3: CEQA Findings. In this case, when taking subsequent discretionary actions in furtherance of a project for which an IS/MND has been certified, the District is required to review any changed circumstances under Public Resources Code section 21166 and State CEQA Guidelines section 15162 to determine whether additional environmental review is required. Based on the substantial evidence set forth in the administrative record, including but not limited to the 2004 IS/MND and the Addendum, the Board of Directors finds that none of the conditions under State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred because the Improved Project: a) does not constitute substantial changes that would require major revisions to the 2004 IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; and b) does not constitute substantial changes with respect to the circumstances under which the Project, is undertaken that would require major revisions of the 2004 IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and Resolution No. 1630 Page 3 c) does not present new information or substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the 2004 IS/MND was adopted, showing any of the following: (i) that the Improved Project would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. SECTION 4. Board of Directors Action adopts the Addendum to the 2004 IS/MND, previously imposed as part of the District's Improved Project. The Board of Directors hereby approves and and confirms that all the mitigation measures 2004 approvals remain fully applicable to the SECTION 5: Location of Documents. The 2004 IS/MND and Addendum No. 1 are on file and available for public review at https://www.vwd.org/departments/engineering/capital- facilities/capital-facilities-updates-and-notices. The custodian of record of proceedings for this action shall be Clerk of the District. SECTION 6: Staff is hereby authorized and directed to file a Notice of Determination with the San Diego County Clerk within five (5) working days following the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Vallecitos Water District at a Special Meeting held on the 14th day of December, 2022, by the following roll call vote: AYES: BOYD-HODGSON, ELITHARP, HERNANDEZ, PENNOCK NOES: ABSTAIN: ABSENT: I Cr ' itharp,President rd of Directors Vallecitos Water District ATTEST: �� Glenn Pruim, Secretary Board of Directors Vallecitos Water District