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Reso 0395-03/1975 RESOLUTION NO. 395 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT ESTABLISHING LOCAL GUIDELINES OF THE SAN MARCOS COUNTY WATER DISTRICT IMPLEMENTING THE ENVIRONMENTAL QUALITY ACT, AS AMENDED, AND RECINDING PRIOR RESOLUTIONS AND GUIDELINES WHEREAS, the California Environmental Quality Act of 1970, as amended, 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 Secretary of Resources has recently amended the regulations of that agency and it is necessary for this District to modify the District regulations on environmental quality. WHEREAS, the San Marcos County Water District has hereto- fore adopted regulations implementing the Environmental Quality Act and the Regulations of the Secretary of Resources in District Reso- lution No. 366 as amended by Resolution No. 380 [Change 1] and as amended by Resolution No. 384 [Change 2], which regulations must be further amended to conform to changes in the regulations issued by the California Resources Agency. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: Resolution No. 366, Resolution No. 380 and Resolution No. 384 are hereby rescinded. Section 2: Effective this date the regulations and guide- lines set forth in Appendix A of this Resolution, attached hereto and incorporated herein, establish the local guidelines for the San Marcos County Water District implementing the California Environ- mental Quality Act, as amended, and the related regulations of the California Resources Agency. PASSED AND ADOPTED this 17th day of March, 1975, by the following roll call vote: -1- Resolution No. 395 AYES: Directors: Dutton, Vanderbeck, Dow, Mahr and Blanchard NOES: Directors: None ABSTAIN: Directors: None ABSENT: Directors: None ATTEST: Secretary of San Marcos County Water District ist APPENDIX A TO April 1, 1975 Denotes State Guidelines Section ARPICLE I - G~qERAL 415005 Section 1. Purposes. This Resolution implements the purposes and provisions of the California Environmental QL~]ity Act of 1970 as amended by Chapter 1154 of the Stat- utes of 1972 (hereinafter referred to as "CEQA") and the Guidelines for Inplementa- tion of the ~ of 1970 which have been adopted by the California Resources Agency (hereinafter referred to as "Guidelines"). The enhancement and long-term protection' of the environment and the encouragement of public participation in achieving th~se goals are objectives of this measure. ~15012 Section 2. Objectives. Fzu~ tj_n~ to time and under circumstances as outlined by this Resolution, a document known as an enviror~antal impact report (hereinafter referred to as an EIR) must be prepared as a prerequisite to approval of a project. function of an EIR is to inform the Board of Directors of the envlrorarental effects of proposed projects. 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 envirormental objectives with econc~ic, social, and other televent objectives of the proposed project. A~ICLE II - APPLICABILITY Section 3. S~DFe of Applicability. This FEsolution applies to all projects w~nich may have a significant effect on the environment involving discretionary decision- making on t'~.~- [~rt of the District, and which do not fall within any class of cat- egorical ~x. cT. ptio~ set forth in Article 8 of the Guidelines and Article VII hereof, are not e~ergency projects within the meaning of Article IV hereof, and ~ich do not constitute feasibility or planning projects as described in Article V hereof. A. ~dsterial projects are exert fr~n the retirements of ~ ~ these Guide- lines ~aqct cons-~a~tly no enviroxmental doc~.nents are re~guird therefor.' Canerally s[x~ing, a nd.nisterial project is one requiring approval by the District as a tar of law or ec.e involving mh~lTal inde~xdent exercise of jdq~Tent by the Distric~c as to its wi~tom or propriety. h~les of such projects jaclLYje, but are not l~ted tn, individ~l utility seaTice com~ections ~uqd disconnections, a[Ffeenents to install/~tjcact utility facilities to s~dadivisions, develo[xnent of ~fnich has been approvc~l by or/net appropriate governmental agencies, ~ utility service connections. a~t disconnections t~ l~3tential cust/~nars within such s~livision. B. The de~ision as to ~hethe~ or not a pmposca project is ndnisterie~ in nat~e, en~ thus outside the sco~ of t~s emc~nent, shall be m~e by the District on a case-by-case ~sis or as [k~rh of these ~p~idelines as hereinafter set forth. ~EICT~E III- D~INITI<~NS ~rnenever the foll~.~ing terms are used/n this Pasolution, they st~l ~ve the follc~i~ ~eaning Unless otherwise expressly defined: §15020 .~tion 5. ~proval n~<?aqs a decision by t/qe Distmict v~qich cc~ts it ~ a definita course of acZion with regard to a [k~rticu31ar project. As res[~cts ahoy project to ~qde~en directly ~ the District, approval shall ~ dec~ t~ ocoar on the date the Board adopts a resolution making tj~e determination to proceed with a project, which in no event shall be later than the date of adoption of plans and specifica- tions. ~ respects private projects defined in Section 21 A (2) and (3), approval APPENDIX A-1 Shmll be deemed to occur upon the earl!,,,~'t ojl,,,dtment to issue ~r the issuance by the District of a discre~mnary o2~tract, grant, ~,b~_idy, loan, or other fore of financial a~istance, ]~e, permit, license, certificate, or other entitlement for use of the project. The mere acquisitiall of land by the District, On the other hand, shall not in and of itself be a~d to ccrstitute approval of a project. For purposes of this ReeolutiOn, all envir(a~ental assessrents must be c~':~let~a as of the time of project a[~proval. San MaPcos Sectirm 6. Board m~*-s the Boazd of Directc~ of COL~ntY W.ate P District. ~15023 SeC~C,,I 7. Cate~<~ical Ex~LiOn means an e~am~t/On frc~ t/~ ~,i~_nt of preparing a negative a~]~tltion or an EIR even thaugh the proposed project is discretionary. in nature, as ~ partLeu/arly descr~ in Article VII infra. ~15024 ~ 8. Dise~ Project ~eans a ~oject approval of which requires f3~ exer- cise of in~6 ~ud'%!nent, deliberatiOn or decision-making on the part of the District. !=: '- Sectjail 9. DiStriCt.meanS U~ San Marcos c~lmnt~ w~ter._ _ District. ~15025 Sectio~ 10. Emergency means a sudden and catasta.~3phic calamity, caused by an occur-' e~ce or"aat~rna'~ of occurrences of state~ide or lc~_] ir~act such as fire, flood, .......... lana~]~ae, earthquake, or other natural. dis3ster, riot, .war, ~¢~a~alt~_sabotage §15026 Secticll 11. En~t means the [hysical condit/oms whic3] exist in the area ~ich "'~11 be affected ~ a proposed project includb:g land, air, water, ndnerals, flora, fauna, ambient noise, ct3jects of historic or aesthetic significance. §15027 Sectic~ 12. EIR m~ns a detailed staterent setting forth the matters specified in Sec- tion 21100 of the Public Resources Cc~s as rare particularly described hereinafter in Section 30. §15028 Section 13. EIS - Enviro.~an~] Impact Statement means an EIR prepared pursuant to the National EnvirorFaental Policy Act (NEPA). ~15029 Section 14. Feasible Feans capable of being acccmplished in a successful manner by reasonably available, ecanflnic, and ~orkable n~ans. SectiOn 15. Guidelines n~ans the GuidelirEs for ImpleTentat/on of the CEQA of 1970 aa~pted by the CaFlfornia Resources Agency as they now exist Or hereafter may be ~15030 Sectia~ 16. IP~a Agency m_ans the public agency which has the principal responsibility for carrying cut or approving a project which may have a significant effect on environment %4~_/e more than one public agency is involved with the same underlying ecitivity. ~15033 Section 17. Negative Declaration m-~ns a statenant by the District that will carry out or approve a discretionary project and that such a project, a/though not categor- ically ex~=:t~h, would not have a significant effect on the environm_nt ara therefore does not require an EIR. The term "E~.ptien Declaration" is interchangeable with the term "Negative Declaration". ~15034 Section 18. Notice of C/repletion m~e_ns a brief notice filed with the Secretary for Paseurces as soon as a District has ckl~leted a draft EIR and is prepared to send out copies for review. (e~zc Exhibit "D") ~15035 Sectiota 19. Notice of Determination means a brief notice to be filed by the District aftar it approves or determines to carry out a project which is subject to the requirerants of Ci~A. (See E~d%ibit "C") APPENDIX A-2 §L5035.5 Sectio~ 19.1. Notice of F~xe,vLion means a brief notice which may be filed by a dis- tric~ when it has approved or determined to carry out a project, ard it has debar- mined that it is ministerial, categorically exe,~t or an energency project. Such a notice may also be filed by an applicant where such a detezmination has been made by a district, which must approve the project. The contents of this notice are expla{red in Se~. 26.1 (a) and (b). (See Exhibit "E") §15036 Section 20. Person includes any person, finn, association, organization, partnership, business, trust, corporation, c~,~any, district, county, city and county, city, town, the State, and any of the agencies' political subdivisions. S15037 Sec~-d~ 21. Project A. ~roje~t -~ns t~ whole of an action which has a ~otential for physical impact ~ the envircnmmt~ directly or ultimately, that is any of the following: (1) an a~i,~ity directly urdertake{'~ by the ridstrict; (2) an activity undertaken by a per~n which is supported in wh~le or i~ part thr~Jgh c~ntracts, grants, subsidies, loans, or other fo~qns of assistar~e fr~n the District; (3) an activity involving the issuance by ttxe Disti-ict to a person of a lease, pentit, license, cert{ficate, or other entitlerent f~r use. B. Project does not incl,~l~: (1) anythirx~ specifically ex~oted by state law; (2) proposals for legislation to be enacted by the State Legislature; (3) continuing administrative or maintenance activities, such as pur- chases for supplies, personnel~related. actions, genezal policy and procedure making, e.g. setting of rates (except as they are applied to specific instances covered ~c~jve), feasibility or planning studies; (4) the subnittal of proposals to a vote of the people of the state or of a particular ccnmmjnity, i.e., the district. C. The ~r~ "project" refers to the underlying activity and not to the govern- mental approval process. §15040 Section 22. Significent Effect means a substantial adverse impact on the environTent. SecticM~ 23. District's Staff means the District's Manager, and/or his designee, and' Ehgineer of the District. AREFICI~. IV - E>UERGFIqCY PRDJECTS §15025 Section 24. The foilowing e~rgenCy projects do not require the preparation of a ne~a- ~t5071 tire d~]~3~ation or an EIR and thus, are outside the scope of this Resolution: (a) Proje~J~s undertaken, carried out, or approved by a public agency to maintain, reins{r, restore, deTolish or replace property or facili~-ies damaged or .destroyed as a result of a disaster in a disaster-stricken area in v~]ich a state of ~ergency has been proclaimed by the Covemot pursuant to Chapter 7. (ccra~encing with Section. 8550) of Division 1, Title 2 of the Coverrment Code. (b) B~ergency repa{rs to any of the District's facilties necessary to rc~ntain service. (c) Projects undertaken~ as imTediate action 'necessary to prevent Or mitigate an energency. APPENDIX A-3 AR~Ie;~ V - FEASIBTIJTY { STUDIES §15072 ~ ~. F~~ ~ p~ ~ies of ~ti~ p~j~ Di~i~ ~ ~ifiC~]ly ~ f~n ~e' E~ts of ~ ~ ~ ~ out- s~ ~ ~ of ~ ~1~, d~u~ ~ st~i~ ~y ~n~ ~ati~ of ~~~ f~ ~mt ~ ~e ~ p~j~. ~'i~ ~ - ~~ P~ ~15080 · A. ~d ~3. h ~dM~ ~t for~ ~ ~ ~el~ a~ly ~ proj~s ~ my ~ a ~fi~t eff~ ~ ~e ~~t ~ ~ ~lve ~r~ ~ ~~ ~. ~e it ~ ~ ~ wi~ c~ty ~~ ~ ~ ~vi~ ~ ~ my ~ a si~fi~t eff~ on ~e ~ ~ ~~' ~ d~n of p~j~ ~ ~ pre~a~on ~ of ~~ ~ ~ ~ a~ly. ~ ~da N, ~ (Uf~ility d pl.~E~ stay as de~r~ ~ ~icle V, ~ (5) a ~c~] ~m ~ ~e~ b, ~cle ~I, ~fra, or (6)~- -- ~ ~ ~ ~ ~i~s ~ ld ~ pr~i~s~ns~le for ~ ~ ~ of ~ ~j~ ~ d~cr~ ~ ~.on 27, C.. S~f F~ of ~ '~i~. If ~' ~ jd~nt of Dis~ict's st~f. ~e p~ { ~vi~ ~. ~ f~l d~l ~e of ~e f~ego~ carries, it s~ll pr~ ~ ~ ~j~ ~d~ ~ss ~ ~tl~ in ~on 27. ~y ~n p~shg ~ ~ a ~j~ ~ ~f~ h ~i~ 21 A. (2) or A. (3) (i.e. a priva~ p~ · j~) ~ pM ~s ~jd~ ~ ~ s~ff's de~ti~ ~ ~e ~ at its n~t D. S~[f F~ of ~e~. If ~ ~ j~et 0f ~e Dis~'ict's s~f~, a p~ ~ ~vi~ ~ f~l ~ ~ of ~ ~ries ~at~ ~ ~~h A, it ~]~ ~ f~ ~ a fore e~ ~~ ~mm~ ~smt, (a ~ of ~ ~ at~ ~ ~ ~i~ "A")d~s ~ch ac~vi~ ~ ~i~ 4 ~ 31, ~ is ~ ~ ~ ~ ~ ~t ~ r~H~ a ~it~ E. ~ of M~ ~~~ ~M~t; A~]~ih~ for ~On. ~ ~1~ ~v~~ ~s~t ~r~ at ~ Dis~i~'s of~i~ ~ ~ of i~ ~,~] ~-k~ ~s, it ~] ~ ~ a~]~le f~ ~ ~~ ~i~'~ ~ D~ict office ~. ~ ~ ~ my ~ ~ ~ ~e ~, ~ ~ of ~letion ~m~ ~ ~ of ~ of ~ a~. ~74 ~ 26.1. ~ of ~. (a) ~ D~i~ s~ff ~'~,~s ~t a pmj~ ~ ~ ~ ~ ~~ of ~ ~a~ it is ~ ~ pmj~, a ~ ~j~-~ ~i~l]y ~, ~ ~ ~i~ ~M or ~ ~ ~ ~oj~, it my f~e a ~ of ~e,~. ~ a ~ (1) a ~i~ ~i~ of t~ ~oj~, (2) a fL~{~ ~t ~e pmj~t ~ ~ ~, ~ (3) a ~i~ ~ of ~a~ ~ s~ ~'f~{~. ~) ~aD~~M~~t'spmj~, it~a~tmy counties in which the project will be located. copies of all such notices will be available for public inspectian. ~1~065 Section 27. Lead Agency. A. Staff Determination of T~d Agency; ~ation to Boa~. Upon a deter- ~tion that a proposed activity is discretionary in nature and is not otherwise ex~,~, consideration shall be given by staff to whether another public agenc~ is primarily responsible for carrying it out or aimproving it. Staff shall consider, ~,,ong others, the followir~ factors relating to the Lead ~gency principle: (1) the ~d Agency is the public agency with the greatest responsibility for supervising or approving the project as a whole; and (2) the L~ Agency generally is the public agency with general govern- nental 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 u~]!!ty service 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, st~division or tract approval or other land use permits or entit2ements, the governmental agency responsible therefor B. Staff Finding that District is A~ency with Primary Respons]JDility. If, in the judgment of tj~e District'~ staff, the project'does not involve another public agency which is the Lead Agency, it shall proceed with the pzoject evalua- tion process as outlined in Section 28. Any p~rson proposing to undertake a pro- ject as defined in Section 21 A (2) or A (3) (i.e. a private project) may present his objections to the Staff 's dete~nination to the Board at its next regular or special meeting. C. Staff Finding that ~x)ther Public Agency is Lea~ .Agency. If, in the judgment of t. he Dist~ct's staff, the project does involve mlothef public agency ~ich is the I~f] Ag~"ncy, it shall so find and shall designate the Lead Agency o~] the afore~ mentio..-~] Preliminary 1...~viro,nmental Assessment. Unless otherwise required by the Boa_~d, n~ ~_;rther en~.:irc_rfn. ent~l assc:~.ent shall be.. ne~3ssary. I ~15065 (b) Whenever a determination is made that another public agency constitutes the Lead Agenc~.~. for undertaking or approving a project, the District shall provide data, upDn ~Tittsn request of the Lead Agency concerning all aspects of the District' s activities r~Taired to furnish service to the project. ~15065(d) The Office of P!annin.q c~,d Research will resolve disputes ~nong pubiio agencies 'as to which is the Lead Agency. Section 28. Initial Study P~Dc~,ures 915080 A. UMertsk]ng off Initial Study; by whc~~; submission of data; costs. Upon a deter- mination ~]at a projec~ is d].scret]~onaz~y &nd is not otherwise excerpt, and that the District is the agency wikh prima~, res~=onsib]lity for approval of the project, an initial ~',"~" s.hall be ~ndertsJ<,jn for the purpose of ascertaining whether the pro- poscd ;.;3o~ect may have a significan~ effect on the envirorm~q~, that is, a substan- tial ad~vr~e effect on the enviro~mnent. (]) ,Is to projccts define] in ~ticle III, Sectic~ 21 A (1) Of this ResO- lutioF., the initial study shall be undertaken by the Distric~'s staff Or by private experts [~L~SUant to co:~tract with tj~e D~strict. (2) As to pmojc~ts defined in Article III, Section 21 A (2) and 21 A (3), the person or entity proposing to carry cut the project shall subnit all dat~ euld informalrich as maS, be r~.~.~ired by the District to determine whehher the proposed project nmy have a sig~ificant effc:c~_ on tJ~e enviro.~nent. Such data and information shall con:~ider all factors enumeratcd in subparairaph B infra. All costs incurred by the District in rcvi~_~jng the data and infomnation suhnitted by said person or entity, or in conducting its own investigation based upon such data and information for tJ]e [mrpose of determining whetJlef tJ~e proposed project might have a significant effect on the enviro~mM~nt shall be bo~e by the person or entity proposing to carry APPENDIX A-5 out the project. The District may also require such person or entity to specify to the best of his knowledge which other public agencies will have jurisdiction by law over the §15081 B. Evaluating Envirormental Significance. In determining whether a project may have a significant effect on the environment, the District shall consider both primary ~nd secondary consequences. Scme exanples of consequences ~ich may have a significant effect on the environment are whether the project: (1) is in conflict with envirorn~nta~ plans and goals that have been a~,~ated by the ccmqunity where the project is to be loca~a~ (2) has a substan~a]~ arxi denDnstrable negative aesthetic effect; (3) substantially affects a rare or endangered species of animal or plant, or habitat of such a spec.,.ies; (4) causes substantial interference with the mDvement of any resident or migratory fish or wildlife species; (5) br~ any publisl~d national, state,. or local starK]ards relating to solid waste or litter c~trol; (6) results, in~ a substantial detrimental effect on air or water c~lity, or on ambient noise levels for adjoLning areas; (7) involves the possibility of contaminating a public water supply system or adversely affecting ground water; (8) could c~,,~e substantial flocxlin~, erosion or siltat/on; (9) is subject to major geologic hazards; · (10) is likely to generate gr~cho In most instances, affirmative findings as to any of the foregoing will require prep- aration of an EIR. §15082 C. ~lndatory Findings Of Significance. In every case where any of the foll~,i ng conditions are found to exist as a result of a project, the project will be found to have a significant effect on the environrent: (1) Impacts vah_ich have the poteJxtial to degrade the quality of the environ- ~e~t, curtail the range of the environ{ent. (2) Ixnpacts which achieve short-term, to the disadvantage of long-term, envi~o~,ental goals. A short-term ir~pact on tha enviromnent is one which occurs in a relatively brief, definitive period of time while long-term impacts will erdure (3) Impacts for a project w~}ich are individually limited, but cuPulatively considerable. A project my impact on two or more separate resources where the im- pact on each resource is relatively s~a] ]. If the effect of the total of those impacts on the environnent 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 e_~ch is insignificant. (4) The environrental effects of a project will cause substantial adverse effects on hunan beir~3s, either directly or indirectly. §15084 D. SP~[{ Re~,a,efdation; Board Action. S~[f shall submit its reju,,,~ndation as to whether a proposed project may or may nDt have a significant effect on the environT merit to the Board which reo~,~,erdation sb~]] be sut~nitt~a on a fore entitled Environnental Iml3act Assessment (a ~ of which is attached hereto as Exhibit "B") If the Board finds at a regular or spec{a] meeting that the proposed project will not APPENDIX A-6 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 enviror:~ent, it shall order the preparation and filing of an EIR in accordance with the provisions of Section 30 infra. 215164 E, Public Participation. Members of the public may aUF_ar before the Eoard and present their vie~ prior to the Board' s determination under this section. ~15083 Sect/tin 29, Negative Declaration. ~15066 Following the initial stk~y as described in Section 28, a negative declaration shall be ~ed for all discretionary projects not otherwise exeT~gt upon a fina~ng by the Board that the project will not have a significant effect on the envi~'.'..i,ent, Befol-e ~pletion of a negative declaration, the DistriCt shall con- sult with all re~xansible agencies (i.e. other' public agencies involved in carrying out or a~oroving the project). The required contents of a negative declaration and the ~z~ceduze.$ to be followed in Connection with the preparation thereof are as fO]]n~: ~15083CD) A. ~ts.l,. A negative declaration shall be a concise, one-page stateTent con- tainln~"""'~f information: (1) a 4_ ~<=iptio~ of the project; (2) a firaing that the project will not have a significant effect on the envircmmnt along with a state~nt to support the findings; and - (3) a statement iraicating who prepared the initial study and where a copy ~15083 (c) B. Public Av~{ l~hility of Negative Declaration. Upon ccmpletion of a negative declaration, the Manager or other designated person shall cause a copy of the nega- tive dec]~_ration and the initial study to be filed and posted at the District's office and made available for public inspect/on. C. Board Approval or Disapproval of Project. Following the filing aD~] posting Of the negative dec3~ation at the District's office~ but in no event sooner than 15 days following the date of such filing and posting, the 5pard my consider the pro- ject at a regular or special meeting for purposes of approval or disapproval. Mem~ hers of the public may appear before the Board and present their views prior to the Board's determinatio~ to appzove or disapprove of the project. ~15083(d) D. Notice of Determination. Following approval or di~aUproval of the project, the District shall cause to be prepared a Notice of Determination on a form attached hexe~o as EF2dbit "C" which shall contain the following: (1) the decision of the District to approve or disapprove the project; (2) the determination of the District as to whether the project will or will r~t have a significant effect on the envir~a~ent; and - (3) a statement of whether an K~R has been prepared. §15083(d) S~{a notice then shall be filed with the county clerk of the county or counties in (2) whid~ the project is located. If the project requires discretionary approval frcm a state agency, the Notice of Det~ninatio~ also sba!l be 'filed with the Secretary for P~scurces. E. Po~ting Notice of Determination. Simultaneously with the filing of the Notice Of De~e~vmination the District shall cause to be poetea at the District's office a F. O:~ts, As to projects ou"~e~ea by Article III, Section 21 A (2) and (3), the per~n' or entity p~posi~ to carry out U~ ~oject requirin~ approval by the APPENDIX A-7 District .sh.*l'm bear all ~,x,.s_ts.~ by the Dlstrict in preparing and f~g the 515084 Secti=n. 30. Envi~.en~ Impact Paports Fol lr~dag the initial study as described in Section 28, an EIR shall be prepared for all dig~ ~o~ary projects z~t otherwise exe,~t uFon a finding by th~ Board that the project my have a significant effect on the environment. The required ua,tents of an EIR and t2~ procedures to be followed in connection with the prepe- ration t/~_a~eof are as follows in subparagra[~hs A, B, and C, infra. but should not supply e~tensive def~il beyond that needed for evaluation ax~ review of the environ~Ental impact. . . (1) The pree.~-~e locatio~ and boundaries of the proposed project shall be' sh~wn-(m a defiled map, preferably topographic. The location of the project shall ~ appear c~ a re~icna3. map, {2) A, Statement of the objectives sought by the prc%~0sed project. (3) A general description of the project's technical, ecorrmic, and env/zcn- Ha~taL characteristics, oDnsidering the principal engine~rin~ pro[osals. vicini~o~'~.o'5'ect, as it exists before c~,ue~%T~t of the project. from both a local and regional perspective inc]uding but r~t lima_te~ to water quality aspects of the proposed project which have been previously certified by the appropriate state or interstate organizations as being in substantial pliance with a=~T!icable water quality standards. Knowledge of the regioDat setting is critical to the assesa~w~_nt of envizDnmental impacts. Special e~%~asis should be pl~ed c~ env)tal resources that are rare or unique to the region. Specific. refezerr~ to.related projects, both ~ublic and private, ,both existent and in the regic~ should also be includea, for purposes of exandaing the possible fatire impact of such projects. 515143 C. Environmental Impact. ALt phases of a project must be consiaered when e~ruluat/= its im~ on the enviroraBnt: plannir~, acquisition, development and operatim. The followir~ subjects shall he ~sed, preferably in separate sections or para- graphs. ............... (t) The Envi~o~,ental Impact of the Proposed Action: . Describe the a~rect ara indirect im~cts ~)f tile ~roject ~n the envirorm~nt, giving due considazation to both the shor~-f~ and Long-term effects. It should i~lude specifics of the area, the resources in~31ved, physical char~es, altera~ to ecological systems and changes ~ in population it_ion, popula~ conceitration, the human use of the land (including cumerc{~] and residen~{~l develo~t) and other aspects of the resource base suzh as wad--r, (2) Any ~averse ~rircm~ent~l Effects Which Cannot Be Avoided if the Propos~ be r~ed to an insignificant level but not eliminated. Where there are impacts that canrDt be ~l]evia~a without imposing an alternative design, their implicatioru and the reascr~ why the p~uject is being proposed, notwithstanding their effect, s/x~)ld be described. Do ~ot neglect impacts on any ~sthetically val,,~hLe ir~s, or on human health. (3) Mitigation Measures P~uFa~ed to' Minimize the Impact: Describe a~oidable adverse im[Bcts, incl,~a{ng inefficient and unnecessary comga,~tion of energy, ar~ the m~ures p~o~Dsed to ,dnimize these impacts. This discussira shall include an ~a~tificat~ix3~ of the a.~feF~RhXa levels to which such impacts will be rec~,o~a, and the basis u~Dn which such levels ~ identified. Whe/B alternative m~a-~ures are APPENDIX A-8 · - one alternative should be identified. Energy conservation measures, as well as o~er appropriate mitigation measures, shall be discussed. (See Exhibit "F") (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 bask objectives of the project, and why they were re iected in favor of the ultimate choice. The specific altarnative of "no project" must also always be evaluated, a~ with the impeat. Attention should be paid to alternatives capable of sub- stantially reducing or eliminating any envirormentally adverse impacts, even if these alternativessubetant~2~l/y impede the attairment of the project.objectives, (5) The ~ela~ionship Bet~en IxDcal Short-Term Uses of Man 's E~viromnent and the MaLntenance and Enhancement of LongjTerm ~roductivity: ' Describe the ct:~,~tive and long-term effects of the proposed ~roject which adversely affect the state of the em, ironrent. Special attention should be given to impacts which narrow the range of beneficial uses of the envirorment or pose long-term r~sks to health or safety. In a]dition, the reasons why the pro~os~l pl~ject is believed by the sponsor to be just_ifie~t now, rat]~er than rese.~:vir~ an optic1 for furrier alternatives, should (6) Any Irreversible Environmental Changes Which Would Be Involved in the Ffo~osed Actic~l Should It [~ Implenentcd:~es of no~-renewable resources during the initial and continued phases of the ~2~Tect ~ay be irreversible si~e a large c~,,,~tment of such resources makes removal or ~on-use therealtor unl]3~ely. Primary impac~.s and, parti~alarly, secondary impacts (such as a highway improvenent which provides access to a nonaccessible area) generally com~it future generations to similar u~es. Also irreversible damage can ~esult frc~n enviror~en~'~] accidents associated with the project. Irretrievable cn~n~itments of resources should be evalu- ated to assure that such ~ion is just]fie~. (7) The_ Growth-Inducing Impact of the Proposed Action: Discuss the ways in which tb~ proposed project could foster econcmic or population growth, either direct- ly or indirectly, in the su~£our~ng envirormemt. Included h~ ~his are projects which ~XLld remove dmstacles to population growth (a major expansion of a waste water treatment plant might, for example, allow for more construction in service areas). Increase~ in the population may further tax existing conmunity service facilities so cc~sideration must be given to this impact. Also discuss the charac- teristics of scme pzojects which may encourage and facilitate other activities that. could significantly affect the envirorment, either individually or c~m31atively. It ~ust not be assumed that ~owth in ~ny area is necessarily beneficial, detri- mental, or of little significance to the enviro~re~t. ~15085 D. Preparatic~ of Draft EIP~ by Wham: (1) As to project~ defined in Article III~ Section 21 A (1) of this Resolution~ the draft SIR shall be undertaken by the Diatrict's staff or by private experts put- (2) ~ 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 Di~;,ict's sf~f. The District's staff shall analyze the draft fIR subnitted pursuant to this sub-~on to verify its aco_~acy ard objectivity prior to presenting it to the Board. The Manager may require _~cl~itional infon~ation and data frgn the pe~n or entity p~u~osing to carry out the project as he may deem necessary for c~letion of the draft fIR. (3) Before c~le~n of a draft RTR, the District shall consult with all ze~Fi.~ible agencies (i.e. other public agencies invDlved in carrying out Or approving the project). ~15085(c) E. C~,~letion of Draf~ EIR; Notice of Caf~letice; Upon c~leeion, the draft ~ sha13. be pMt~_ to the Boaxd for revie~ at a regular or special meeting. If the ~1~1 finds the d~-~ft ~u~ to be in c~C~r, it ~] t authorize the Mana~_r to file a Notice of C~,~letioa with the Secretary of the Resources Agency on a form attached hereto as Exhibit "D". Said Notice shall con~in the following: (1) a brief descriptio~ of the proposed project; (2) the locatic~ of the p~oFosed project; (3) information indicat/ng where copies of the draft EIR are available for (4) the period eating which carments will be received. (5) Filin~ shall ~e deemed complete when the Notice of Ca. Lk~letion has been deposi~,~ in the United States mail ~aa~ssed to the Secretary for ~sources, oP when delivered in persc~ to the Office of the Secretary. · F. Post/rig Of Notice of Crm~letion: Sir~ultaneously with the filing of a Notice of Ocmple+~, the District 'shall cause a oc~y of said Notice to be Ff,s~ at the Dis- trict's offiC~ and t~O other public places within t/le District, ~S determined fro~ .~ime to time ~15161 G. ~evie~ of Draft EIR by Other Public .~A~ie~iand Persons With Special Experti.se_. ~15085 (b) (1) General: (a) After fil/ng and po~ting a Notic~ of Ccmp!etion, the. District shall ......... ~t c~pies of t~e d~-aft EIR for revie. v and consult with and attest to obtain ua,~ents free all. public acjencies having jurisdiction by law over the proposed pre- ject. The identity of thoee public agencies having jurisdiction by law over the project shall be determined on a case-by-case bes-is or as otherwise detelTained by '~ (b) The District may send copies of the draft EIR to public agencies or pers~ls with special expertise whose comments relative to the draft EIR ~ould be ~' desirable. (c) Each public agency and/or person to when a draft EIR is sent under (a) or (b) above shall be advised in writing that they may submit written ccrm~_nts to the District with/n the time established for revie~ under paragraph 2 below. ~15160 (2) Time for Review. At the time the Board authorizes t3te filing of the Notice of C~let/c~ it shall establisa] a time period so as to permit adequate re- view of and c~,.~ant on the draft EIR by such' public agencies or persons. The period of time, to be established in the a~cretic~ of the Board, shall be based upon the size and scc~e of the proposed project; however, in no event shall tl~e review period be less than thirty (30) days after the date of mail/rig or on de~iveDy in person. ~15162 (3} Failure to C~m~ent. In the event a public agency or person whose ccm- n~nts on a draft EIR are solicit~_~_ pursuant to Subsection 1 above fails to oament within the time period established pursuant to Subsection 2 above, it shall be pre- sumed, absent a written request for a specific extension of t/me for review and ~.zent, together with the reasoT~ therefor, that such agency or person has no com- ment to make. Any extension of time granted by the District shall be reasonable under the circunstances, but ordinarily shall not c~ver a period greater than the t/me perind initially established for review and oc~kTent pursuant to Subsection 2 above. §15160(d) (4) Continued Planning Activities. Continued planning activities con~-nL-Kg the pl~ project, short of formal ap~3roval thereof, may continue during the [erie] set as/de for review and ~,.,~t c~ the draft EIR. ~15085(d) }{. Av~l~-h~lity of the Draft EIR for Review. S15163 (1} ~ the f{ 1 {~.~ of t~e Notice of O~,~letion as required by ~ psra~ E a~ove, ~ies of the di~nft EIR also shall be made ava/l~hle at the Dis- ~-]nt's offi=e for l%~iw or ac~i~w~ by members Of the general public. · ~.~ APPENDIX A'-10 · . . person requesting a copy Of the draft EIR frcm the District shall be charged the ac~] cost of reproducing it. (2) Copies of the draft EIR shall also be made available to the public library o ~15165 I. PUbliC H~ings. (1) General. Fr~n time to t/me, deperaing upon the nature and location of a proposed p~ the Board in its discretion, may find it desirable to conduct a publj.c hearing on the environmental impact thereof. In such e~nt the public b~ring shall be conducted subsequent to the filing and t~Dsting Of tj~ Notice of C~letiC~, but in no event sooner than fourteen (14) days thereafter. The draft EIR Shall be u-~ea_ as the basis for discussion during any public hearhn. g that may · be held, (2) NOtice. Notice of the time and place of the [~xblic hearing shall be published ~ in '~ newspaper of general circulation which is printl-d, published and circ%dated witbin the District. If tj~ere is no such newsFaper, it may be pub- lished in a news~toer of general circulation with/3~ ~he District and it shall be posted at three public places within the District, one of ~.Aich shall be at the principal offices of the District. Publication or posti~g shall be done at least 14 days prior to the dat~ set for public hearing.. Said notice also shall indicate where the draft E~R is available for review. (3) Public Hearing During R~ular ~eting. A public hec/ring may be sched- uled to be copaucted during t~ne course o"f~ar meeting of the Board. (4) Procedures for Conducting Public HcarLnQs. The procedures for the manner of c~n~/cting the public hearings shal~i"E~scrjb~/by the Board at t/me the hearing cc~venes. Members of the public who atte{~d sl~ll be afforded the opFortunity to participate in the hearing process. §15146 J. Final EIR. ~15085 (e) (1) Preparation. Following the receipt of ccnments on the draft EIR by other public agencies arkd persons with s[~cial experlise as requii-ed by Subparagraph G above, and if a public hearing has been held pursuant to Subparagraph I above, fol- lowing such hearing, cca'a:~ents that have been received shall be evaluated aax] then a final EIR shall be prepared. ~15146 (2) Contents. The final EIR shall consist of the draft EIR or a revision thereof; a ~ containing a stat~_nt of the cr~q~ents received through the review and consultation process set forth in Subp,%ragraphs G and I above, either verbatim or in s~,,,ery; a list of ~ersons, organizations and public agencies menting on the draft FiR; and a section containing a response to the significant environmental points that are raised in the review and consu/tation process. ~15146 (b) The response of the responsible agency to c~omments 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 sig]~ificant enviror~entat issues raised (e.g. revisions to the proposed project to mitigate_ anticipat~ inrpacts or objections). In particular the major issues raised when the responsible agency's position is at variance with recu~,~undations and objections rajsed in the comments nlLst be ad- dressed in detail giving reasons why specific comments and suggestions were not accepted, and factors of over-riding importance warranting an over-ride of the sug- gestions. .§15085(g) K. Adoption of Final FiR by Board; Board Approval or DisapproVal of Project, Following preparation of the final EIR, it shall be presented to the Board at a regular or spec{~] meet/rig. If the Board finds the final FiR to he in order it shall certify it, whereupon it may proceed/mTediately to consider the proposed project for purposes of approval or disapproval. Menbets of the public may appear before the Board and present their vim prior to the Board's determination to a~x~ or disapprove the project, APPENDIX .A-11 ..... ,. .. §15085(h) L. Notice of Determination. Followir~ approval or disapproval of the project, the District shall cause to be prepared a Notice of Detarmination on a fomn attached hereto as Exhibit "C" which shall concern the following: (1) The deCisic~ 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 envir~a~ent; ana (3) A statement of w~nbaz= an EIR h~g beam prepared. §15085 ~1) Said Notice sb~_l! the~ be filed wit/x the county clerk of the ccunty or counties in which the project is located. If the prDject requires discretionary approval frcm "a state ageicy, the notice shall also be filed with the Sec~-etary for Resources. §15053(a) M. Costs. As to p~ojects covered by Section 21 A (2) and (3), the person or eltit~ prcpusin~ to can7 out the project requiring appL~val by the District shall k~r all costs/ncurred by the District in preparing and filing the EIR, as well as all publicatio~ costs incident thez~co. Sectic~ 31. The following classes of [=ojects, in accordance with and pursuant to Article 8 of the Guidelines, have been determined not to have a significant effect on the envil~am~nt, and therefore are declared to be categorically ex. Ipt frc~ the requi-~-~fe~t of prepsring any envir~ental doc~r~j'~t. The categorical exitionS ........ !~-~tea herein are not intended to ~e, and are not to be construed to be, a limita- tion on the categorical exens set forth in Article 8 of the State G~idelines. ~15100 A. Class I: Existing Facilities. Class I consists of the operation, repair, main-. §15115 tenanoe or [ninor alteration of all existing District facilities, structures, equip~ merit or other Froperry of every k/rid w~i~h activity involves negligible or no expansion of use h~ryona that pPeviously ~xisting, includ]~ but not limited to: (1) water co~vey~u~ce facilities; (2) water connection facilities, including meter b~xes; (3) fire hydrants; (4) storage reser~irs; (5) pa~ stetions; (6) b~a~]s; and (7) treatment plants. B. Class II: ~eplace~ent or ~e~D,~truction. Class II c~sists of replaceYent or reconstruct/tin of any District facillt/es, structures or other property where the nm~ facjllity or structure ~ be located on the sm~s site as the rep!,~ced or recon- structed f~c~ ] ity or structur~ and will have substantially the same purpose and capacity as the replaced or reco~structea_ facility or structure, including but not (1) water convey~ce facilities; (2) water connectic~ facilities, including meter boxes; (3) fire hydrants; (4) s~ rese~oirs; (5) P~e stations; (7) treaUmmt ~lants. C. Chss III: New Construction of Small Structures. Class III consists of coa- stzuction of re~ facilities or structures and installatica of new e~ui~ment or facil- lt/es, incb~{~g, but not 1/mited to: (1) wa~er -~{n extensions tD sen~ a newly ~tru~ted single fanily resinenos; (2) emlrmctin~ facilities,/nclu~ng me+~r ~.~es, to serve a newly APPZNDiX A~12 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 vater diversion facilities; (2) gra~ng on land with a slope of less than 10 percemt except where it is to be located in a waterway, in any wetland, in an officially designated (by Federal, state or local gove~'x.iental action) scenic area, Or in officially mapped areas of severe geologic hazard; {3) new qaz~ening or lardscaping but not including tree reno~al; (4) fillin~ of earth into previously excavated land with material ~patible with the natural features of the site; (5) minor alterations in land, water and vegetation on existing officially ' dasignated wildlife managemint areas of fish production facilities which result in impz~)vsrent of habitat for fish and wildlife resources or greater fish producticnl Eo Class V: Ir,~ormation Collection. Class V consists of basic data collection, re-_ searc~h, expe~] managelent and resource evaluation activities which do not result in a seziou~ or major disturbance to an environmen~] resource. These activ- ities may be ~caken strictly for informationo<~athering ExLrposes or as part of a study lealing ~ the underb~ing of a project. F. Cl~ VI: Inspech~nn. Cla-_~ VI consists of irmt~ction activities, including but not limited' to inquizies into the perfonnanse of an operation and examinations of the quality, he~tlth or safety of a project. G. Class VII: ~ S~. Class VII consists of the construction Or pl~-w~nt: of miIx)r stmlctures a~x~_ssary to or appurtenant to existing cclmiercial, ilzlustr~ or institltuional facilities, including s~all parking lots. It. Class VIII: Surplus Personal Property. Class VIII ccesists of sales of surplus Dis~xi~t pe~-~-~! property. Sectinn 32. All written c~,'~,ents received on a draft EIR through the fozmal corbq~lta- ~nn ~ ~x)vided for in Section 30 E, as well as all written ommente that may be ~rece__ivecl indeper~-qtly of said proce__ss, shall be retained at the District's office for a pex~n~ of at ]~t cra y~r following approval or disapproval of the ~j~-~ t~ leh~h they xelate. In ad~nn, sajxl ~,~m'e~ts sha/1 be xx~ av~{l~hte f~ publi~ ~ at all r~ceable times. S~m 33. m an ~ has been pr~, no addit~ona/SIR ~ be prepared unless., A. 9,h~btn~! chan~ are prc~ in the project which will reck,ire major sju:ms of the ~iU~, due to the in~v~ent of new env~f~ impacts not in the original B. Thex'e are ~,h.~m'~tia.]. ~ with resin,l-t_ to the ci~-~mstances under which the p~olect is to be undertakefi, such as a cha~3e in the proposed lccati~n of the pro- ~-t, which ~H ] 1 require mmjor zevi~nns in the k~TR due to the invDlvement of new A~ICLE X USE ~ A SIN~R ELR POR M3RE 1}IAN C~E PNCXIECT ~_qee?~ 34. A. 13o Projects Undertaken at the Sa~e Time. A single EIR may be utilized to de- m.~ibe nlDre than one p~oject whefi the projects are essentja] ly the sate in texTas Ject~ Mt be separately set forth and expl-~ned. = APPENDIX A-13 e envi~tal impacts of the projects are essentially the same. If there are envirorm~ntal impacts applicable to the later project which were not associated with the earlier project, the earlier EIR rmast be a~ended to separately set forth and explain said impacts. A~rlcv~ XI - PARrLAL INVALIDFrY Section 35. In the event any part or provision of this Resolution shall be deer- mined to ~e invalid, the r~maining portions of this Resolution which can be separated f~(~. the invalid unenfor~eable provisions, shall nevertheless ~ tinue in full force and effect. CERTIFICATION I, JAMES F. McKAY, Secretary of the Board of Directors of San Marcos County Water District, certify that the Board of Directors Df San Marcos County Water District adopted the above resoluticn a= a regular meeting of said Board duly held on the -- 17th day of March, 1975. ~' ~ ecretary ~~ 0UNTY WATER DISTRICT APPENDIX A-14 1. Nsmm = 2. gddrem~ Staff ~anaticn The District's staff, having ~ era camplated a preliminary review of this project in aooordance with the District's resoluticm entitled "Local Guidelines of the District Imple~ the Califarnia Env~l Oualf~y A~t of 19~0~ as Amended" hag cureluded that this project [ ] 1. The proposed ~'tim does not mtituta a project within the mntn~ of Sect/on 21. [ ] 2. The project is a MinistarSal Project under Section 4. [ ] 3. The project is an E~ner~ency Project under Secticn 24. ~ [ ] 4. The project constitutes a feas/bility cr pl~a/n~ study under Sectira 25. [ ] 5. The project is Categ~rically Ex~ under Section 31. Applicable Ex~ Class 4 [ ] 6. Th~ project in~Dlv~s another public agency which ~titut~s the lnaa Nam of ~ Agency San Marcos County Water DISTRICT 788 San Marcos. Boulevard, San Marcos A. San Marcos County Water 1. ~: ~ "~ e,4~-~e of ~ San Marcos Cty D~i~ ~l~t~ ~ ~ml ~ ~ of 1970, ~.~" f~ ~ ~ of ~ ~ ~ ~ pmJ~ ~mpmsible Acler=y~visicm Di~ ~ C~nn~ Person Area (bde Phcee Extension ~he Board of Directors of the District, on , 19 , took the foll~ action concerning the above project: 1. ~ to [~approve []a{-~[~o~e the project; and effect on the envirumm~t. 3. [] An ~.TR b~ ~n prepared purs,~nt to the pzovisions of the C~] { fornia Envir~ntal ~m~ty Act of 1970, as ~. [~;A Negative Declaratic~ w~s prepared for tb~-~ project pu~s~nt to the ~u~isions of ~ A cQpy of the Negative Declaratic~ is at~cb~a. EXI~r~IT D Agency Division Name of Project Area C,~e Phone Extansi~n ProJect Lo, ca~mlma - Cl*llr ProJe, c~ X~catic,= - Co~t~ Descriptlm of lktm, Purpoae, am1 ~eneftctariea of P~Jec~ ~ame of Public AgenCy Approving Project ,'Tame of Person or Agem,*-Jr Caz-zytng Out Project Exempt S~a~u~: ( C~eck One ) H Aa er aZ (Sec, Z O73)' Emergemc~ ProJec~ (Sec. 15071 (U) am1 (c)) ___~egorical Exea~ion. Sta~e type. ami sectiota number P~asons ~b~ project is exempt: Contact Person Area Code Telephone E~tenston If filed by applicant: 1. A~tach certified doc,,m~-nt of exemption finding. 2. Has a notice of exemption been filed by the public agency approwing the project? Yes No EXHIBIT F ]~TERGY CONSERVATION The Cali{ornia Environmental Quality Act was amended, effeCtlye January 1975, to require that the discussion of mitigation measures in an fIR include a discussion of measures to reduce the inefficient and unnecessary consump- tion of energy. The following discussion is offered as assistance in meeting this requirement. Energy conservation is the wise use of energy resources. The wisdom of a certain kind of energy use will vary according' to the circumstances. In late 1974, a leading consideration in energy use is the reduction in dependence upon high priced imported petroleum. Other considerations are the reduction in pollution from energy use and .findinz ways to make resources in short supply last longer and be used for the most essential purposes. 51ergy consel'vation measures, including both the available alternatives and those incorporated into the design and operation of a proposed project need to be discussed in EIR's. · There are many ways in which a project may be designed or operated to make more efficient and wiso use of energy. The following list of conservation measures provides examples that may be used in EIR's where relevant.. The list is not exhaustive, and it is not necessary to discuss each example in every fIR. (1)--Insulation and other protectlob from heat loss or heat gain to consel*re fuel used to heat or cool buildings and mobile homes. (2) Use o~ resource conserving foils of energy such as solar energy for water and space heating, wind for operating pumps, falling water for generating electricity, and hea~ pumps. (3) Energy efficient building design including such features as orientation of structures to summer and winter sunlight to ~bsorb winter solar heat and reflect or avoid summer solar heat. (4) Measures to reduce energy consumption in transportation such as: .. ............... (a~--Providing access to altenlative means of transportation for people such as bus lines, mass transit, bicycle lanes, pedestrian facilities, and cap pooling (b) Use of samll cars rather than large cars where possible. (c) Use of alternative means of shipping which allow for energy savings. (5) Efficient lighting practices including use of indirect natural light, use of efflcien~ lighting flxtures and/or sources,' establishment of reasonable' lighting criteria to prevent over illumination, and minimum use of · architectural or display lighting. (6) HnerEy conserving construction practices. (7) Use of energy conservation devices such as flywheels. which discourage .n ece,s" e.ergy cons mptio.. I~_'~O)*'Wa~tO heat recovery. '*