Reso 0380-03/1974 RESOLUTION NO. 380
RESOLUTION OF THE BOARD OFDIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT MODIFYING
LOCAL GUIDELINES OF THE SAN MARCOS COUNTY
WATER DISTRICT IMPLEMENTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AS ENDED
WHEREAS, the California Environmental Quality Act of
1970, as amended, and the Guidelines for Implementation of that
statute by the California Resources Agency require this District
to adopt local guidelines implementing the Statute and regulations
of the California Resources Agency.
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 here-
tofore adopted regulations implementing the Environmental Quality
Act in District Resolution No. 366, which regulations must be amended
to conform to the 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 RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1: Attached hereto and incorporated herein, as
Appendix A of this Resolution, are modifications to the District
Guidelines as established by Resolution No. 366.
Section 2: Effective this date, the regulations set
forth in Resolution No. 366 are hereby modified to conform to the re-
gulations set forth in Appendix A to this Resolution.
PASSED AND ADOPTED this 4th day of March, 1974, by the
following roll call vote:
AYES: Directors: Dutton, Vanderbeck, Dow, Mahr, Blanchard
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: None
Preslden of the Board of D~iec ors
of San n~arcos County Water District
ATTEST:
San Maros County Water District
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT
AMENDMENTS TO LOCAL GUIDELINES OF THE
SAN MARCOS COUNTY WATER DISTRICT
FOR THE PREPARATION OF ENVIRONMENTAL
IMPACT REPORTS
Section 10 is amended to read:
15025 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, or sabotage,
demanding immediate action to prevent or mitigate
loss or damage to life, health, property or essen-
tial public services.
Section 15.5 is added to read:
15029.5 Section 15.5 Initial Study means a preliminary analysis
prepared pursuant to Section 26 to determine whether
an EIR or a Negative Declaration must be prepared.
Section 16 is amended to read:
S15030 Section 16. Lead Agency means the public agency which
has the principal responsibility for preparing
environmental documents and for carrying out or
approving a project which may have a significant
effect on the environment where more than one public
agency is involved in the same underlying activity.
Section 17 is amended to read:
S15033 Section 17. Negative Declaration means a statement by
the District briefly presenting the reasons that
the project, although not otherwise exempt, would
not have a significant effect on the environment
and therefore does not require an EIR.
Section 21.5 is added to read:
S15037 Section 21.5 Responsible Agency means an agency which
proposes to undertake or approve a project but is
not the lead agency for the project, and includes
all agencies having approval power over the project
other than the lead agency.
Section 29 is amended to read:
S15083(b) A. Contents. A negative declaration shall be a
concise, one-page statement submitted on a form
entitled "Negative Declaration" and containing
the following information:
(1) a description of the project;
(2) a finding that the project will
not have a significant effect on the environment;
(3) a brief statement of reasons to support
the findings; and
(4) a statement indicating who prepared the
initial study and stating that a copy may be ob-
tained at the District office.
APPENDIX A
I
S15083(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 declara-
tion with the County Clerk, the Manager shall cause
to be posted at the District's office, a copy of the
negative declaration.
S15083(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.
S15083(c) E. 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 Exhibit "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 not have a signi-
ficant effect on the environment; and
(3) a statement of whether an EIR has been
prepared.
S15083(c) Said notice then shall be filed with the County Clerk
(2) of the county or counties in which the project is
located, with a copy of the negative declaration
attached.
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 copy of the Notice of Determination, with
a copy of the negative declaration attached.
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.
Section 31 "D" is amended to read:
S15100- D. Class IV: Minor Alterations to Land. Class IV
15115 consists of minor public or private alterations in
the condition of land, water and/or vegetation which
do not involve the removal of mature, scenic trees
except for forestry and agricultural purposes. Ex-
amples include but are 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 governmental action) scenic
APPENDIX A
2
area, or in officially mapped areas of severe
geologic hazard;
(3) new gardening or landscaping;
(4) filling of earth into previously excavated
land with material compatible with the natural fea-
tures of the site;
(5) minor alterations in land, water and vege-
tation on existing officially designated wildlife
management areas of fish production facilities which
result in improvement of habitat for fish and wild-
life resources or greater fish production.
APPENDIX A
3