Reso 0366-04/1973 RESOLUTION NO. 366
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT ADOPTING
LOCAL GUIDELINES OF THE SAN MARCOS COUNTY
WATER DISTRICT IMPLEMENTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AS AMENDED
WHEREAS, the California Environmental Quality Act of
1970 as amended by Chapter 1154 of the Statutes of 1972 and the
Guidelines for Implementation of that statute by the California
Resources Agency require this District to adopt local implementing
guidelines,
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SAN MARCOS
COUNTY WATER DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1: Attached hereto and incorporated herein as
Appendix A of this resolution establishing the local guidelines
for the San Marcos County Water District implementing the Calif-
ornia Environmental Quality Act, as Amended, and the relative
regulations of the California Resources Agency.
PASSED AND ADOPTED this 2nd day of April 1973,
by the following roll call vote:
AYES: Directors: Dutton, Vanderbeck, Dow, Mahr, Blanchard
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: None
of San Mar/°~s County Water District
ATTEST:
APPENDIX A TO SAN MARCOS COUNTY WATER DISTRICT
RESOLUTION NO. 366
LOCAL GUIDELINES
OF THE SAN MARCOS COUNTY WATER DISTRICT
IMPLEMENTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED
Denotes State
Guidelines
Section. ARTICLE I - GENERAL
P15005 Section 1. Purposes. This Resolution implements the purposes
and provisions of the California Environmental Quality Act
of 1970 as amended by Chapter 1154 of the Statutes of 1972
(hereinafter referred to as "CEQA") and the Guidelines for
Implementation of the CEQA of 1970 which have been adopted
by the California Resources Agency (hereinafter referred
to as "Guidelines"). The enhancement and long-term pro-
tection of the environment and the encouragement of public
participation in achieving these goals are objectives of
this measure.
P15012 Section 2. Objectives. From time to time and under circum-
stances as outlined by this Resolution, a document known
as an environmental impact report (hereinafter referred
to as an EIR) must be prepared as a prerequisite to approval
of a project. The function of an EIR is to inform the Board
of Directors of the environmental effects of proposed pro-
jects. The environmental effects set forth in the report
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.
ARTICLE II - APPLICABILITY
Section 3. Scope of Applicability. This Resolution applies
to all projects which may have a significant effect on the
environment involving discretionary decision-making on the
part of the District, and which do not fall within any
class of categorical exemptions set forth in Article 8 of
the Guidelines and in Article VII hereof, are not emergency
projects within the meaning of Article IV hereof, and which
do not constitute feasibility or planning projects as
described in Article V thereof.
P15032 Section 4. Ministerial Projects.
P15073
A. This Resolution does not apply to ministerial projects
approved by the District. Generally speaking, a ministerial
project is one requiring approval by the District as a
matter of law or one involving minimal independent exercise
of judgment by the District as to its wisdom or propriety.
Examples of such projects include, but are not limited to,
individual utility service connections and disconnections,
agreements to install in-tract utility facilities to sub-
divisions, development of which has been approved by other
appropriate governmental agencies, and utility service
connections and disconnections to potential customers within
such subdivision.
APPENDIX A-1
B. 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.
ARTICLE III- DEFINITIONS
Whenever the following terms are used in this Resolution,
they shall have the following meaning unless otherwise
-- expressly defined:
P15020 Section 5. 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 under-
taken 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 defined
in Section 21 A (2) and (3), 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 assess-
ments must be completed as of the time of project approval.
Section 6. Board means the Board of Directors of San Marcos
County Water District.
' P15023 Section 7. 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.
P15024 Section 8. 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 9. District means the San Marcos County Water District.
P15025 Section 10. Emergency means a sudden and catastrophic calamity,
caused by an occurrence or combination of occurrences of
statewide or local impact such as fire, flood, landslide,
earthquake, or other natural disaster, riot, war, accident,
sabotage.
P15026 Section 11. 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.
P15027 Section 12. EIR means a detailed statement setting forth
the matters specified in Section 21100 of the Public Re-
sources Code as more particularly described hereinafter in
Section 30.
P15028 Section 13. EIS - Environmental Impact Statement means an
EIR prepared pursuant to the National Environmental Policy
Act (NEPA).
APPENDIX A-2
P15029 Section 14. Feasible means capable of being accomplished in
a successful manner by reasonably available, economic, and
workable means.
Section 15. Guidelines mean the Guidelines for Implementation
of the CEQA of 1970 adopted by the California Resources
Agency as they now exist or hereafter may be amended.
P15030 Section 16. Lead Agency means the public agency which has the
~ principal responsibility for carrying out or approving a
project which may have a significant effect on the environ-
ment where more than one public agency is involved with
the same underlying activity.
P15033 Section 17. Negative Declaration means a statement by the
District that will carry out or approve a discretionary
project and that such a project, although not categoric-
ally exempt, would not have a significant effect on the
environment and therefore does not require an EIR. The
term "Exemption Declaration" is interchangeable with the
term "Negative Declaration".
P15034 Section 18. Notice of Completion means a brief report 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.
P15035 Section 19. Notice of Determination means a brief notice to
be filed by the District when it approves or determines to
carry out a project which is subject to the requirements
of CEQA.
P15036 Section 20. 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' political subdivisions.
P15037 Section 21. Project
A. Project means the whole of an action, resulting in
physical impact on the environment, 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 sup-
ported 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.
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, general policy and procedure making, e.g. setting
of rates (except as they are applied to specific in-
stances 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, i.e., the
District.
APPENDIX A-3
P15040 Section 22. Significant Effect means a substantial adverse
impact on the environment.
Section 23. District's Staff means the District's Manager,
and/or his designee, and Engineer of the District.
ARTICLE IV - EMERGENCY PROJECTS
P15025 Section 24. The following emergency projects do not require
P15071 the preparation of a negative declaration or an EIR and,
thus, are outside the scope of this Resolution:
(a) Projects undertaken, carried out, or approved by a
public agency 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 Section 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) Projects undertaken as immediate action necessary to
prevent or mitigate an emergency.
ARTICLE V - FEASIBILITY AND PLANNING STUDIES
P15072 Section 25. Feasibility and planning studies of potential
projects undertaken by the District are specifically ex-
cepted from the requirements of CEQA and thus are outside
the scope of this Resolution, although such studies may
contain considerations of environmental factors incident
to the potential project.
ARTICLE VI - EVALUATING PROJECTS
P15080 Section 26. Initial Review for CEQA Exemptions.
A. 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) a project as defined in
Section 21 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 27, infra.
B. Staff Finding of No Exemption. If in the judgment of
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 27. Any
person proposing to undertake a project as defined in
Section 21 A.(2) or A.(3) (i.e. a private project) may
present his objection to the staff's determination to the
Board at its next regular or special meeting.
APPENDIX A-4
C. 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 A, it
shall so find on a form entitled Preliminary Environ-
mental Assessment, (a copy of which is attached hereto as
Exhibit "A") unless such activity is specifically exempted
in Sections 4 or 31, or is otherwise declared by the
Board not to require a written environmental assessment.
If so declared or exempted no further environmental assess-
ment shall be necessary and the proposed activity may be
carried out in the manner routinely exercised by the
District.
D. Rentention of Preliminary Environmental Assessment;
Availability for inspection. The Preliminary Environ-
mental Assessment shall be retained at the District's
office as part of its usual record-keeping process, and
it shall be made available 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 Environmental Impact Assessment by
the Manager shall be deemed to constitute the date of
approval of the activity.
P15065 Section 27. Lead Agency.
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 factors relating to the lead agency principle:
(1) the lead agency is the public agency with the
greatest responsibility for supervising or approving
the project as a whole; and
(2) the lead agency generally is the public agency
with general governmental powers, rather than an agency
with single or limited purposes which is involved with
the project by reason of the need to provide a public
service or utility to the project, such as the District~
(3) when any property to be served by the District
requires a change in zoning, conditional use permit,
variance, subdivision or tract approval or other land
use permits or entitlements, the governmental agency
responsible therefor shall be the lead agency.
B. Staff Finding that District is Agency with Primary
Responsibility. 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 28. Any person
proposing to undertake a project as defined in Section 21 A
(2) or A (3) (i.e. a private project) may present his
objections to the Staff's determination to the Board at
its next regular 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 aforementioned Preliminary Environmental Assessment.
Unless otherwise required by the Board, no further environ-
mental assessment shall be necessary.
APPENDIX A-5
P1506(b) Whenever a determination is made that another public agency
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 activities required to furnish services to the
P15065(d) project. The Office of Planning and Research will resolve
disputes among public agencies as to which is the lead agency.
Section 28. Initial Study Procedures.
P15080 A. Undertaking of Initial Study; by whom; submission of
data; costs. Upon a determination that a project is dis-
cretionary and is not otherwise exempt, and that the District
is the agency with primary responsibility for approval of
the project, an initial study shall be undertaken for the
purpose of ascertaining whether the proposed project may
have a significant effect on the environment, that is, a
substantial adverse effect on the environment.
(1) As to projects defined in Article III, Section 21
A (1) of this Resolution, the initial study 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 21
A (a) and 21 A (3), the person or entity proposing to
carry out the project shall submit all data and infor-
mation as may be required by the District to determine
whether the proposed project may have a significant ef-
fect on the environment. Such data and information shall
consider all factors enumerated in subparagraph 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 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.
P15081 B. Evaluating Environmental Significance. In determining
whether a project may have a significant effect on the en-
vironment, the District shall consider both primary and
secondary consequences. Some examples of consequences which
may have a significant effect on the environment are whether
the project:
(1) is in conflict with environmental plans and goals
that have been adopted by the community where the pro-
ject is to be located;
(2) has a substantial and demonstrable negative
aesthetic effect;
(3) substantially affects a rare or endangered species
of animal or plant, or habitat of such a species;
(4) causes substantial interference with the movement
of any resident or migratory fish or wildlife species;
(5) breaches any published national, state, or local
standards relating to solid waste or litter control;
(6) results in a substantial detrimental effect on
air or water quality, or on ambient noise levels for
adjoining areas;
APPENDIX A-6
(7) involves the possibility of contaminating a public
water supply system or adversely affecting ground water;
(8) could cause substantial flooding, erosion or
siltation;
(9) is subject to major geologic hazards;
(10) is likely to generate growth.
In most instances, affirmative findings as to any of the
foregoing will require preparation of an EIR.
P15082 C. Mandatory Findings of Significance. In every case
where any of the following conditions are found to exist
as a result of a project, the project will be found to have
a significant effect on the environment:
(1) Impacts which have the potential to degrade the
quality of the environment, curtail the range of the
environment.
(2) Impacts which achieve short-term, to the disad-
vantage of long-term, environmental goals. A short-
term impact on the environment is one which occurs
in a relatively brief, definitive period of time while
long-term impacts will endure well into the future.
(3) Impacts for a project which are individually
limited, but cumulatively considerable. A project
may impact on two or more separate resources where the
impact on each resource is relatively small. If the
effect of the total of those impacts on the environment
is significant, an EIR must be prepared. This mandatory
finding of significance does not apply to two or more
separate projects where the impact of each is insig-
nificant.
(4) The environmental effects of a project will cause
substantial adverse effects on human beings, either
directly or indirectly.
P15084 D. Staff Recommendation; Board Action. Staff shall sub-
mit 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 29 infra.
If, on the other hand, the Board finds that the proposed
project may have a significant effect on the environment,
it shall order the preparation and filing of an EIR in
accordance with the provisions of Section 30 infra.
P15164 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.
APPENDIX A-7
Section 29. Negative Declaration.
Following the initial study as described in Section 28, 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. The required contents of a negative declara-
tion and the procedures to be followed in connection with
the preparation thereof are as follows:
P15083(b) A. Contents. A negative declaration shall be a concise,
one-page statement containing the following information:
(1) a description of the project; and
(2) a finding that the project will not have a
significant effect on the environment.
P15083(b) B. Filing. Upon completion of a negative declaration, it
shall be filed with the county clerk.
C. Posting Notice of Negative Declaration. Simultaneously
with the filing of a negative declaration with the county
clerk, the Manager shall cause to be posted at the District's
office, a copy of the negative declaration.
P15083(b) D. Board Approval or Disapproval of Project. Following
(c) the filing of the negative declaration with the county
clerk and posting thereof, but in no event sooner than fifteen
days following the date of filing with the county clerk,
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.
P15083(c) E. Notice of Determination. Following approval or dis-
approval of the project, the District shall cause to be
prepared a Notice of Determination on a form attached here-
to as Exhibit "C" which shall contain the following:
(1) the decision of the District to approve or dis-
approve the project;
(2) the determination of the District as to whether
the project will or will not have a significant effect
on the environment; and
(3) a statement of whether an EIR has been prepared.
P15083(c) Said notice then shall be filed with the county clerk of the
(2) county or counties in which the project is located.
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 Notice of
Determination.
G. Costs. As to projects covered by Article III, Section
21 A (2) and (3), 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 Declaration.
APPENDIX A-8
P15084 Section 30. Environmental Impact Reports.
Following the initial study as described in Section 28, 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. The
required contents of an EIR and the procedures to be fol-
lowed in connection with the preparation thereof are as
follows in subparagraphs A, B, and C, infra.
P15141 A. 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.
(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.
P15142 B. Description of Environmental Setting. An EIR must in-
clude a description of the environment in the vicinity of
the project, as it exists before commencement of the pro-
ject, from both a local and regional perspective. Know-
ledge 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 that
region. Specific reference to related projects, both public
and private, both existent and planned, in the region should
also be included, for purposes of examining the possible
cumulative impact of such projects.
P15143 C. Environmental Impact. All phases of a project must be
considered when evaluating its impact on the environment:
planning, acquisition, development and operation. The
following subjects shall be discussed, preferably in
separate sections or paragraphs.
(1) The Environmental Impact of the Proposed Action:
Describe the direct and indirect impacts of the project
on the environment, giving due consideration to both
the short-term and long-term effects.
It should include specifics of the area, the re-
sources involved, physical changes, alterations to
ecological systems and changes induced in population
distribution, population concentration, the human use
of the land (including commercial and residential devel-
opment) and other aspects of the resource base such
as water, scenic quality and public services.
-- (2) Any Adverse Environmental Effects Which Cannot Be
Avoided if the Proposal is Implemented: Describe any
adverse 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. Do not neglect impacts
on any aesthetically valuable surroundings, or on human
health.
APPENDIX A-9
(3) Mitigation Measures Proposed to Minimize the
Impact: Describe any mitigation measures written into
the project plan to reduce significant environmentally
adverse impacts to insignificant levels, and the basis
for considering these levels acceptable. Where a par-
ticular mitigation measure has been chosen from among
several alternatives should be discussed and reasons
should be given for the choice made.
(4) Alternatives to the Proposed Action: Describe any
known 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. Attention should be paid to alter-
natives capable of substantially reducing or eliminating
any environmentally adverse impacts, even if these alter-
natives substantially impede the attainment of the
project objectives, and are more costly.
(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 ad-
versely affect the state of the environment. Special
attention should be given to impacts which narrow the
range of 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.
(6) Any Irreversible Environmental Changes Which Would
Be Involved in the Proposed Action Should It Be Imple-
mented: Uses of non-renewable resources during the
initial and continued phases of the project may be
irreversible since a large commitment of such resources
makes removal or non-use thereafter unlikely. Primary
impacts and, particularly, secondary impacts (such as a
highway improvement which provides access to a nonacces-
sible area) generally commit future generations to
similar uses. Also irreversible damage can result from
environmental accidents associated with the project.
Irretrievable commitments of resources should be evaluated
to assure that such consumption is justified.
(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 indirectly, 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 more con-
struction 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 characteristic of some projects which may
encourage and facilitate other activities that could
significantly affect the environment, either individually
or cumulatively. It must not be assumed that growth
in any area is necessarily beneficial, detrimental, or
of little significance to the environment.
P15085 D. Preparation of Draft EIR; by Whom:
(1) As to projects defined in Article III, Section
21 A (1) of this Resolution, the draft EIR shall be
undertaken by the District's staff or by private ex-
perts pursuant to contract with the District.
APPENDIX A-10
(2) AS to projects defined in Article III, Section 21 A
(2) and (3) the person or entity proposing to carry out
the project shall submit a draft EIR, containing the
information required by subparagraph A above, for
review and consideration by the District's staff. The
District's staff shall analyze the draft EIR submitted
pursuant to this sub-section to verify its accuracy
and objectivity prior to presenting it to the Board.
The Manager may require additional information and data
from the person or entity proposing to carry out the
project as he may deem necessary for completion of the
draft EIR.
P15085(c) E. 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
of the Resources Agency on a form attached hereto as Ex-
hibit "D". Said Notice shall contain the following:
(1) a brief description of the proposed project;
(2) the location of the proposed project; and
(3) information indicating where copies of the draft
EIR are available for review.
(4) 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.
F. 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, as
determined from time to time.
P15161 & G. Review of Draft EIR by Other Public Agencies and Persons
15085(b) 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 comment to all public agencies having juris-
diction 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.
(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.
(c) Each public agency and/or person to whom a
draft EIR is sent under (a) or (b) above shall be advised
in writing that they may submit written comments to the
District within the time established for review under
paragraph 2 below.
P15160 (2) Time for Review. At the time the Board authorizes
the filing of the Notice of Completion it shall estab-
lish a time period so as to permit adequate review of
and comment on the draft EIR by such public agencies
or persons. The period of time, to be established in
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
after the date of mailing or on delivery in person.
APPENDIX A-11
P15162 (3) Failure to Comment. In the event a public agency
or person whose comments on a draft EIR are solicited
pursuant to Subsection 1 above fails to comment within
the time period established pursuant to Subsection 2
above, it shall be presumed, absent a written request
for a specific extension of time for review and comment,
together with the reasons therefor, that such agency or
persons 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 Subsection 2 above.
P15160(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.
P15163 H. Availability of the Draft EIR for Review.
(1) Following the filing of the Notice of Completion as
required by Subparagraph E above. Copies of the draft
EIR also shall be made available at the District's
office for review or acquisition by members of the
general public. Any person requesting a copy of the
draft EIR from the District shall be charged the actual
cost of reproducing it.
(2) Copies of the draft EIR shall also be made avail-
abile to the public library.
P15165 I. Public Hearings.
(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.
(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 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
procedures 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 afforded the opportunity to participate in the
hearing process.
APPENDIX A-12
J. Final EIR.
P15085(e) (1) Preparation. Following the receipt of comments
on the draft EIR by other public agencies and persons
with special expertise as required by Subparagraph G above,
and if a public hearing has been held pursuant to
Subparagraph 1 above, following such hearing, comments
that have been received shall be evaluated and then a
final EIR shall be prepared.
P15146 (2) Contents. The final EIR shall consist of the draft
EIR, a section containing a statement of the comments
received through the review and consultation process
set forth in Subparagraphs G and I above, either verbatim
or in summary, and a section containing a response to
the significant environmental points that are raised
in the review and consultalon process.
P15146(b) The response of the responsible agency 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 describe
the disposition of significant environmental issues raised
(e.g., revisions to the proposed project to mitigate anti-
cipated impacts or objections). In particular the major
issues raised when the responsible agency'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.
P15085(f) K. Adoption of Final EIR by Board; Board Approval or Dis-
approval of Project.
Following preparation of the 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 adopt it,
whereupon it may proceed immediately to consider the pro-
posed 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.
P15085(g) L. 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 Ex-
hibit "C" which shall contain the following:
(1) The decision of the District to approve or
disapprove the project;
(2) The determination of the Board as to whether the
project will or will not have a significant effect on
the environment; and
(3) A statement of whether an EIR has been prepared.
P15085(g) Said Notice shall then be filed with the county clerk of (2) the county or counties in which the project is located.
P15053(a) M. Costs. As to projects covered by Section 21 A (2) and
(3), 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.
APPENDIX A-13
ARTICLE VII
CATEGORICAL EXEMPTIONS
Section 31. The following classes of projects, in accordance
with and pursuant to Article 8 of the 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 a negative declaration or
an EIR. The categorical exemptions listed herein are not
intended to be, and are not to be construed to be a limit-
ation on the categorical exemptions set forth in Article 8
of the State Guidelines.
P15100- A. Class I: Existing Facilities. Class I consists of the
P15115 operation, repair, maintenance or minor alteration of all
existing District facilities, structures, equipment or
other property of every kind which activity involves neg-
ligible or no expansion of use beyond that previously
existing, including 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; and
7) treatment plants.
B. Class II Replacement or Reconstruction. Class II
consists of replacement or reconstruction of any District
facilities, structures or other property where the new
facility or structure will be located on the same site as
the replaced or reconstructed facility or structure and will
have substantially the same purpose and capacity as the
replaced or reconstructed facility or structure, including
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; and
7) treatment plants.
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) water main extensions to serve a newly constructed
single family residence; and
(2) connecting facilities, including meter boxes, to
serve a newly constructed single family residence.
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 10
percent except where it is to be located in a
waterway, in any wetland, in an officially
designated (by Federal, State or local govern-
mental action) scenic area, or in officially mapped
areas of severe geologic hazard;
(3) new gardening or landscaping but not including
tree removal;
APPENDIX A-14
(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 manage-
ment areas of fish production facilities which
result in improvement of habitat for fish and
wildlife resources or greater fish production.
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.
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.
G. Class,VII: Accessory Structures. Class VII consists
of the construction or placement of minor structures accessory
to or appurtenant to existing commercial, industrial or
institutional facilities, including small parking lots.
H. Class VIII: Surplus Personal Property. Class VIII
consists of sales of surplus District personal property.
ARTICLE VIII
_. RETENTION OF COMMENTS AND
AVAILABILITY OF COMMENTS FOR REVIEW
P15166 Section 32. All written comments received on a draft EIR
through the formal consultation process provided for in
Section 30 E, 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
following approval or disapproval of the project to which
they relate. In addition, said comments shall be made avail-
able for public inspection at all reasonable times.
ARTICLE IX
SUBSEQUENT EIR'S
P15067 Section 33. 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.
B. There are substantial changes with respect to the
circumstances 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.
APPENDIX A-15
ARTICLE X
USE OF A SINGLE EIR FOR MORE THAN ONE PROJECT
Section 34.
P15068 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
PARTIAL INVALIDITY
Section 35. In the event any part or provision of this Reso-
lution shall be determined to be invalid, the remaining
portions of this Resolution which can be separated from the
invalid unenforceable provisions, shall nevertheless con-
tinue in full force and effect.
APPENDIX A-16
EXHIBIT A
DISTRICT
address
PRELIMINARY ENVIRONMENTAL ASSESSMENT
Name of Project
Location
Entity or Person Undertaking Project:
A. District
B. Other:
1. Name:
2. Address:
Staff Determination
The District's staff, having undertaken and completed
a preliminary review of this project in accordance with the
District's resolution entitled "Local Guidelines of the
District Implementing the Calif-
ornia Environmental Quality Act of 1970, as Amended" 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 21.
[ ] 2. The project is a Ministerial Project under Section 4.
[ ] 3. The project is an Emergency Project under Section 24.
[ ] 4. The project constitutes a feasibility or planning
study under Section 25.
[ ] 5. The project is Categorically Exempt under Section 31.
Applicable Exemption Class
[ ] 6. The project involves another public agency which
constitutes the lead agency.
Name of Lead Agency
DATE:
Manager
EXHIBIT B
DISTRICT
ENVIRONMENTAL IMPACT ASSESSMENT
Name of Project
Location
Entity or Person Undertaking Project
A. District
B. Other:
1. Name:
2. Address:
Staff Determination
The District's staff, having undertaken and completed an
initial study of this project in accordance with Section 28 of
the District's resolution entitled "Local Guidelines of the
District Implementing the California
Environmental Quality Act of 1970, as Amended" for the purpose
of ascertaining whether the proposed project might have a sig-
nificant 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
DISTRICT
NOTICE OF DETERMINATION
Responsible Agency/Division 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.
An EIR (has) (has not) been prepared pursuant to the provisions
of the California Environmental Quality Act of 1970, as amended.
DATE Manager
EXHIBIT D
DISTRICT
address
NOTICE OF COMPLETION
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