Reso 0475-06/1978 RESOLUTION NO. 475
RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS
COUNTY WATER DISTRICT ADOPTING GUIDELINES FOR IMPLEMENTING
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the California Environmental Quality Act has been
amended by the 1977 Legislature, and said amendments took effect on
January 1, 1978; and
WHEREAS, the Secretary for Resources of the Resources Agency
has issued amendments to the State Guidelines Implementing the
California Environmental Quality Act, which must be implemented by
the District; and
WHEREAS, the District is required to adopt new guidelines
to comply with the requirements of the California Environmental Quality
Act and with the amended guidelines of the Resources Agency;
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SAN MARCOS
COUNTY WATER DISTRICT DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE
AS FOLLOWS:
Section 1: THE DISTRICT GUIDELINES FOR IMPLEMENTING
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT June 19, 1978, a copy of
which is attached hereto, is hereby adopted by the District.
Section 2: The Resolution and Guidelines heretofore
adopted are rescinded.
Section 3: The new Guidelines sahll apply to projects
undertaken by the District after the date of adoption of this resolu-
tion. Any project for which a Negative Declaration or draft Environ-
mental Impace was prepared in accordance with prior guidelines of the
District shall not be affected by the new guidelines.
PASSED, ADOPTED AND APPROVED by The Board of Directors of the
SAN MARCOS COUNTY WATER DISTRICT this 19th day of June, 1978, by the
following roll call vote:
__ AYES: Directors: Keebaugh, Vanderbeck, Dow, Mahr, Blanchard
NOES: Directors: None
ABSTAIN: Directors: None
SAN MARCOS COUNTY WATER DISTRICT
LOCAL GUIDELINES IMPLEMENTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
INDEX
Section
Number Title Page
ARTICLE I - GENERAL
1 Purposes 1
2 State Policy 1
2.5 State Policies Regarding Use of Environmental
Impact Reports 2
3 Additional Policies 3
4 Objectives 4
ARTICLE II - APPLICABILITY
5 Scope of Applicability 5
6 Ministerial Projects 5
ARTICLE III- DEFINITIONS
7 Approval 6
8 Board 6
9 Categorical Exemption 6
10 Cumulative Impacts 6
11 Discretionary Project 7
12 District 7
13 Emergency 7
14 Environment 7
15 Environmental Documents 7
16 Environmental Impact Report (EIR) 7
17 EIS - Environmental Impact Statement 8
18 State Guidelines 8
19 Feasible 8
20 Initial Study 8
INDEX
-1-
Section
Number Title Page
21 Jurisdiction by Law 8
22 Lead Agency 9
23 Negative Declaration 9
24 Notice of Completion 9
25 Notice of Determination 9
26 Notice of Exemption 10
26.5 Notice of Preparation 10
27 Person 10
28 Project 10
29 Responsible Agency 11
30 Significant Effect on the Environment 11
31 District's Staff 11
ARTICLE IV - EMERGENCY PROJECTS
32 Emergency Projects 12
ARTICLE V - FEASIBILITY AND PLANNING STUDIES
33 Feasibility and Planning Studies 12
ARTICLE VI - EVALUATING PROJECTS
34 Initial Review for CEQA Exemptions 12
General Rule 12
Preliminiary ReView 13
Staff Finding of No Exemption 13
Staff Finding of Exemption 13
Retention of Preliminary Environmental
Assessment; Availability for Inspection 14
Non-Delegable Responsibilities 14
35 Notice of Exemption 14
36 Lead Agency 15
A. Staff Determination of Lead Agency;
Recommendation to Board 15
B. Lead Agency CEQA Time Limits 17
C. Staff Finding that District Is Agency
with Primary Responsibility 19
D. Staff Finding that Another Public
Agency Is Lead Agency 20
INDEX
2
Section
Number Title Page
36 (cont.) E. Responsible Agency CEQA Time Limits 20
Process for a Responsible Agency 20
A. General 20
B. Response to Consultation 20
C. Meetings 21
D. Comments on Draft EIRs and Negative
Declarations 21
Eo Decision on Adequacy of EIR or NegatiVe
Declaration 22
F. Consider the EIR or Negative Declaration 22
G. Adoption of Alternatives or Mitigation
Measures 22
H. Notice of Determination 22
I. Limitations on Local Responsible Agencies 23
J. Shift in Lead Agency Responsibilities 23
K. Adequacy of An EIR or Negative Declaration
for Use by Responsible Agencies 24
Conditionsl Permits 24
37 Initial Study Procedures 25
A. Undertaking of Initial Study; By Whom;
Submission of Data; Costs 25
B. Evaluating Environmental Significance 27
C. Mandatory Findings of Significance 28
D. Staff Recommendations; Board Action 29
E. Public Participation 30
38 Negative Declaration 30
A. Preparation 30
B. Notice of Preparation 32
C. Contents 32
D. Public Review 33
E. Board Approval or Disapproval of Project 33
F. Notice of Determination 33
G. Posting Notice of Determination 34
H. Costs 34
39 Environmental Impact Reports 34
A. General Requirements of EIR's 34
INDEX
-3-
Section
Number Title Page
39 (cont.) B. Description of Project 37
C. Organzations and Persons Consulted
D. Description of EnVironmental Setting 38
E. Environmental Impact 38
(1) The Significant Environmental
Effects of the Proposed Project 38
(2) Any Significant Environmental Effects
Which Cannot Be Avoided If the Pro-
posal Is Implemented 39
(3) Mitigation Measure-Proposed to Mini-
mize The Significant Effects 39
(4) Alternatives To The Proposed Action 39
(5) The Relationship Between Local Short-
Term Uses of Man's Environment and
the Maintenance and Enhancement of
Long-Term Productivity 40
(6) Any Significant Irreversible Environ-
mental Changes Which Would.Be Involved
In The Proposed Action Should It Be
Implemented 40
(7) The Growth-Inducing Impact of the
Proposed Action 41
(8) Effects ~ound Not To Be Significant 41
(9) Incorporation By Reference 41
(10) Limitations on Discussion of Environ-
mental Impact 42
F. Preparation of Draft EIR; By Whom 42
G- Completion of Draft EIR; Notice of
Completion 43
H. Posting of Notice of Completion 43
I. Review of Draft EIR By Other Public
Agencies and Persons With Special
Expertise 44
(1) General 44
(2) Time for Review 45
(3) Failure to Conunent 45
(4) Continued Planning Activities 45
J. Availability of the Draft EIR for Review 46
INDEX
-4-
Section
Number Title Page
39 (cont.) K. Public Hearings 47
(1) General 47
(2) Notices 47
(3) Public Hearing During Regular Meeting 48
(4) Procedures for Conducting Public
Hearings 48
L. Final EIR 48
(1) Preparation 48
(2) Contents 48
M. Adoption of Final EIR by Board; Board
Approval or Disapproval of Project 49
N. Notice of Determination 50
O. Costs 51
Projects of Statewide, Regional or Areawide
Significance 51
ARTICLE VII - CATEGORICAL EXEMPTIONS
40 Categorical Exemptions 53
A. Class I: Existing Facilities 53
B. Class II: Replacement or Reconstruction 54
C. Class III: New Construction of Small
Structures 54
D. Class IV: Minor Alterations to Land 54
E. CIass V: Information Collection 55
F. dlass VI: Inspection 55
G. Class VII: Accessory Structures 56
H. Class VIII: Surplus Government Property
Sales 56
I. Class IX: Annexations of Existing
Facilities and Lots for Exempt
Facilities 56
J. Class X: Changes in Organization of
the District 57
Enforcement Actions by Regulatory Agencies 57
ARTICLE VIII - RETENTION OF COMMENTS AND AVAILABILITY
OF CO~ENTS FOR REVIEW
41 Retention of Comments and Availability of
Comments for Review 58
INDEX
-5-
Section
Number Title Page
ARTICLE IX - SUBSEQUENT EIR'S
42 Subsequent EIR'S 58
ARTICLE-X - USE.OF A SINGLE EIR FOR MORE THAN ONE PROJECT
43 Use of a Single EIR for More Than One Project 59
A. Two Projects Undertaken at the Same Time 59
B. Later Projects 60
ARTICLE XI - USE OF A GENERAL PLAN EIR WITH SUBSEQUENT
PROJECTS
44 Use of a General Plan EIR With Subsequent
Projects 60
ARTICLE XII - MULTIPLE AND PHASED PROJECTS
45 Multiple and Phased Projects 61
ARTICLE XIII - STAGED EIR
46 Staged EIR 61
ARTICLE XI~ - PARTIAL INVALIDITY
47 Partial Invalidity 62
INDEX
-6-
RESOLUTION NO.
SAN MARCOS COUNTY WATER DISTRICT
LOCAL GUIDELINES iMPLEMENTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
As Amended
June 5, 1978
Denotes
State
Guidelines
Section
ARTICLE I - GENERAL
15005 Section 1. Purposes.
This resolution implements the purposes and provisions of the
California Environmental Quality Act ("CEQA") and the Guide-
lines for Implementation of CEQA ("State Guidelines") which
have been adopted by the California Resources Agency. The
enhancement of long-term protection of the environment and
the encouragement of public participation in achieving these
goals are objectives of this measure.
15011 Section 2. State Policy.
The Legislature has declared that it is the policy of the
State to:
(t) Develop and maintain a high-quality environment
now and in the future, and take all action necessary
to protect, rehabilitate, and enhance the environmental
quality of the state.
(2) Take all action necessary to provide the people
of this state with clean air and water, enjoyment of
aesthetic, natural, scenic, and historic environmental
qualities, and freedom from excessive noise.
-1-
(3) Prevent the elimination of fish or wildlife species
due to man's activities, insure that fish and wildlife
populations do not drop below self-perpetuating levels,
and preserve for future'generations representations of
all plant and animal communities and examples of the
major periods of California history.
(4) Insure that the long-term protection of the environ-
ment shall be the guiding criterion in public decisions.
(5) Create and maintain conditions under which man and
nature can exist in productive harmony to fulfill the
social and economic requirements of present and future
generations.
(6) Require governmental agencies at all levels to de-
velop standards and procedures necessary to protect'en-
vironmental quality.
(7) Require governmental agencies at all levels to con-
sider qualitative factors as well as economic and tech-
nical factors and long-term benefits and costs, in addi-
tion to short-term benefits and costs and to consider
alternatives to proposed actions affecting the environment.
15011.6 Section 2.5 State Policies Regarding Use of Environmental
Impact Reports.
The Legislature has declared that the following policies shall
apply to the use of environmental impact reports:
(a) The purpose of an environmental impact report is
to identify the significant effects of a project on the
environment, to identify alternatives to the project,
and to indicate the manner in which such significant
effects can be mitigated or avoided.
-2-
(b) Each public agency shall mitigate or avoid the sig-
nificant effects on the environment of projects it approves
or carries out to the extent it is feasible to do so.
(c) In the event that economic, social, technical, or
other conditions make it infeasible to mitigate one or
more significant effects of a project on the environment,
such project may nonetheless be approved or carried out
at the discretion of a public agency, provided that the
project is otherwise permissible under applicable laws
and regulations.
(d) Environmental impact reports should omit unnecessary
descriptions of projects and emphasize feasible mitiga-
tion measures and alternatives to projects.
(e) Information developedin individual'environmental
impact reports should be incorporated into a data base
which can be used to reduce delay and duplication in
preparation of subsequent environmental impact reports.
(f) The EIR process is intended to enable public agencies
in evaluating projects to determine whether a project
may have a significant effect on the environment, to
examine and institute methods of reducing adverse impacts,
and to consider alternatives to a project as proposed.
These steps of analysis and evaluation must be completed
prior to approval of the project.
15011.5 Section 3. Additional Policies.
The Secretary for Resources has declared that the courts of
this state have found the followihg policies to be implicit
in CEQA:
(1) The EIR requirement is the heart of CEQA. (~ounty
of Inyo v. Yorty, 32 Cal. App. 3d 795.)
-3-
(2) THE EIR serves not only to protect the environment
but also to demonstrate to the public that it is being
protected. (County of Inyo, v. Yorty. 32 Cal. Appo 3d
795. )
(3) The EIR is to inform other governmental agencies
and the public generally of the environmental impact of
a proposed project. (No Oil, Inc. v. City of Los Angeles,
13 C 3d 68.)
(4) The EIR is to demonstrate to an apprehensive citizenry
that the agency has in fact analyzed and considered the
ecological implications of its action. (People ex rel.
Department of Public Works v. Bosio, 47 Cal. App. 3d 495.)
(5) The EIR process will enable the public to determine
the environmental and economic values of their elected
and appointed officials thus allowing for appropriate
action come election day should a majority of the voters
disagree. (People v. CoUnty of Kern, 39 Cal. App. 830.)
(6) CEQA was intended to be interpreted in such manner
as to afford the fullest possible protection to the en-
vironment within the reasonable scope of the statutory
language. (Friends of Mammoth v. Board of Supervisors,
8 C. 3d 247.)
15012 Section 4. Objectives.
From time to time and under circumstances as outlined by this
Resolution, an environmental document must be prepared as a
prerequisite to approval or disapproval of a project. The
function of such a document is to provide information re-
garding the environmental effects of proposed projects.
The environmental effects set forth in such document are
to be evaluated before a project is approved or disapproved..
The Board retais existing authority to balance environmental
-4-
objectives with economic, social, and other relevant objec-
tives of the proposed project.
The information in an EIR constitutes evidence that a public
agency shall consider along with any other information which
may be presented to the agency.
ARTICLE II - APPLICABILITY
15014 Section 5. Scope of Applicability
This Resolution applies to all activities which are projects
as defined herein.
15032 Section 6. Ministerial Projects.
15073
A. Ministerial projects are exempt from the require-
ments of CEQA and these Guidelines and consequently no
environmental documents are required therefor. Generally
speaking, a ministerial project is one requiring approval
by the District as a matter of law or the use of fixed
standards or objective measurements without personal
judgment. Examples of such projects include, but are
not limited to, individual utility service connections
and disconnections, agreements to install in-tract util-
ity facilities to subdivisions, development of which
has been approved by other appropriate governmental
agencies, and utility service connections and discon-
nections to potential customers within such subdivision.
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 or as part of these Guidelines as
hereinafter set forth.
-5-
ARTICLE III- DEFINITIONS
Whenever the following terms are used in this Resolution,
they shall have the following meaning unless otherwise ex-
pressly defined:
15021 Section 7. Approval means a decision by the District which
commits it to a definite course of action with regard to a
particular project. As respects any project to be undertaken
directly by the District, approval'shall be deemed to occur
on the date the Board adopts a resolution making the deter-
mination 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 28A(2) and
(3), infra, 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 ac-
quisition 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
assessments must be completed as of the time of project ap-
proval.
Section 8. Board means the Board of Directors of SAN MARCOS
COUNTY WATER DISTRICT.
15023 Section 9. 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.
15023.5 Section 10. Cumulative Impacts refers to two or more in-
dividual effects which, when considered together, are con-
siderable or which compound or increase other environmental
-6-
impacts. The individual effects may be changes resulting
from a single project or a number of separate projects.
15024 Section 11. 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 12. District means the SAN MARCOS COUNTY WATER
DISTRICT.
15025 Section 13. Emergency means a sudden, unexpected occurrence,
involving a clear and imminent danger, demanding immediate
action to prevent or mitigate loss of, or damage to, life,
health, property, or essential public services. Emergency
includes such occurrences as fire, flood, earthquake, or
other soil or geologic movements, as well as such occurrences
as riot, accident, or sabotage.
15026 Section 14. Environment means the physical conditions which
exist in the area which will be affected by a proposed proj-
ect including land, air, water, minerals, flora, fauna, am-
bient noise, objects of historic or aesthetic significance.
15026.5 Section 15. Environmental Documents means Draft and Final
EIR's, Initial Studies, Negative Declarations, Notices of
Completion, and Notices of Determination.
15027 Section 16. Environmental Impact Report (EIR) means a de-
tailed statement setting forth the environmental effects
and considerations pertaining to a project as specified in
Sections 21100 and 21100.1 of the California Environmental
Quality Act, and may mean either a draft or a final EIR.
(a) Draft EIR means an EIR containing the information spec-
ified in Section 39 of these Guidelines. Where the District,
as a Lead Agency, consults with Responsible Agencies in the
preparation of a draft EIR, the draft EIR shall also contain
the information specified in Section 39C.
(b) Final EIR means an EIR'containing the information con-
tained in the draft EIR, comments either verbatim or in sum-
mary received in the review process, a list of persons com-
menting, and the response of the Lead Agency to the comments
received. The final EIR is discussed in detail in Section
39L.
15028 Section 17. EIS - Environmental Impact Statement means an
EIR prepared pursuant to the National Environmental Policy
Act (NEPA).
Section 18. State Guidelines means the Guidelines for im-
plementation of CEQA adopted by the California Resources
Agency as they now exist or hereafter may be amended.
15029 Section 19. Feasible means capable of being accomplished
in a successful manner within a reasonable period of time,
taking into account economic, environmental, social, and
technological factors.
15029.5 Section 20. Initial Study means a preliminary analysis pre-
pared pursuant to Section 37, infra, to determine whether
an EIR or a Negative Declaration must be prepared.
15029.6 Section 21. Jurisdiction by Law.
A. Jurisdiction by law means the authority of any public
agency:
(1) to grant a permit or other entitlement for use,
(2) to provide funding for the project in question, or
(3) to exercise authority over resources which may be
affected by the project.
B. A city or county will have jurisdiction by law with
-8-
i respect to a project when the city Or county having primary
· jurisdiction over the area involved is the site of the proj-
ect, the area in which the major environmental effects will
occur, and/or the area in which reside those citizens most
directly concerned by any such environmental effects.
C. Where an agency having jurisdiction by law must exercise
discretionary authority over a project in order for the proj-
ect to proceed, it is also a Responsible Agency (see Section
29), or the Lead Agency (see Section 22.)
15030 Section 22. Lead Agency means the public agency which has
the principalresponsibility for preparing environmental
documents and for carrying out or approving a project which
may have a significant effect on the environment where more
than one public agency is involved in the same underlying
activity. The lead agency will prepare the environmental
documents for the project either directly or by contract.
See Section 36 for criteria to determine which agency is
the lead agency.
15033 Section 23. Negative Declaration means a written statement
prepared by the Lead Agency briefly describing the reasons
that a proposed project, although not otherwise categorically
exempt, will not have a significant effect on the environment
and therefore does not require the preparation of an EIR.
15034 Section 24. Notice of Completion means a brief notice filed
with the Secretary of Resources as soon as a District has
completed a draft EIR and is prepared to send out copies
for review. (See Exhibit "D")
15035 Section 25. Notice of Determination means a brief notice
to be filed by the District after it approves or determines
to carry out a project which is subject to the requirements
of CEQA. (See Exhibit "C")
other agency or can and should be adopted by such other
agency.
(c) specific economic, social, or other considerations
make infeasible the mitigation measures or project alter-
natives identified in the final EIR.
(3) The finding in Subparagraph (2)(b), supra, shall not
be made if the District has concurrent jurisdiction with
another agency to deal with identified feasible mitigation
measures or alternatives.
15089 _(4). Statement of Overriding Consideratiop__s.
(a) Where the decision of the Board allows the occur-
rence of significant effects identified in the final EIR
without mitigation, the agency must state in writing the
reasons to support its action based on the final EIR and
other information in the record. This statement may be
necessary if the District also makes a findingunder Sec-
tion 39M(2) or (3).
(b) If an agency makes a statement of overriding con-
siderations, the statement should be included in the
record of the project approval and should be mentioned
in the Notice of Determination.
15085(h) N. 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) an identification of the project by its com/non name where
possible;
(2) the decision of the District to approve or carry out
the project;
(3) the determination of the District whether the project
-50-
in its approved form will have a significant effect on the
environment; and
(4) a brief statement of the mitigation measures which were
adopted by the District to reduce the impacts of the approved
project; and
(5) a statement that an EIR was prepared pursuant to the
provisions of CEQA and was certified pursuant to Section
15085(g) of the Secretary for Resources' Guidelines.
15085(h)(2) Said Notice shall then be filed with the County Clerk of the
county or counties in which the project is located. If the
project requires discretionary approval from a state agency,
the notice shall also be filed with the Secretary for Resources.
15053 O. Costs.
As to projects covered by Section 28A(2) and (3), supra, 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 pub-
lication costs incident thereto.
15161.6 Projects of Statewide, Regional or Areawide Significance.
A. Projects meeting the criteria in this section shall be
deemed to be of statewide, regional or areawide significance.
EIRS or Negative Declarations prepared by any public agency
on a project described in this section shall be submitted to
the State Clearinghouse and should be submitted also to the
appropriate metropolitan area council of governments for re-
view and comment.
B. The Lead Agency shall determine that a proposed project
is of statewide, regional, or areawide significance if the
project meets any of the following criteria:
-51-
1. A proposed local general plan, element, or amendment
thereof for which an EIR was prepared.
2. A project which would interfere with the attainment
or maintenance of state or national air quality standards
including:
a. A proposed residential development of more than
500 dwelling units.
b. A proposed shopping center or business establish-
ment employing more than 1,000 persons or encompassing
more than 500,000 square feet of floor space.
c. A proposed commercial office building employing
more than 1,000 persons or encompassing more than
250,000 square feet of floor space.
d. A proposed hotel/motel development of more than
500 rooms.
e. A proposed industrial, manufacturing or processing
plant, or industrial park planned to house more than
1,000 persons, occupying more than 40 acres of land,
or encompassing more than 650,000 square feet of floor
area.
3. A project which would result in the cancellation of
an open space contract made pursuant to the California
Land Conservation Act of 1965 (Williamson Act), for any
parcel of 100 or more acres.
4. A project located in and substantially impacting on
an area of the California Coastal Zone as defined in,
and mapped pursuant to, Section 30103 of the Public Re-
sources Code.
5. A project which would substantially affect sensitive
wildlife habitats including but not limited to riparian
lands, wetlands, bays, estuaries, marshes, and habitats
for rare and endangered species as defined by Fish and
-52-
Game Code Section 903.
6. A project which would interfere with attainment of
regional water quality Standards as stated in the ap-.
proved areawide wastewater management plan.
ARTICLE VII - CATEGORICAL EXEMPTIONS
15100 Section 40.
The following classes of projects, in accordance with and
pursuant to Article 8 of the State Guidelines, have been de-
termined not to have a significant effect on the environment,
and therefore are declared to be categorically exempt from
the requirement of preparing any environmental document. The
categorical exemptions listed herein are not.intended to be,
and are not to ~be construed to be, a limitation on the cate-
gorical exemptions set forth in Article 8 of the State Guide-
lines, but are subject to the provisions of Section 15100.2
of State Guidelines.
15101 A. Class I: Existing Facilities.
Class I consists of the operation, repair, maintenance or
minor alteration of all existing District facilities, struc-
tures, equipment or other property of every kind which activ-
ity involves negligible or no expansion or use beyond that
previously existing, including bu~ 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 or additions to buildings provided the
addition will not increase the floor area by more than
50% of its existing area or by 2500 square feet, which-
ever is less. (See Reg. 15101(c);
(7) treatment plants; and
-53-
(8) recreational facilities.
15102 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, in-
cluding 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;
(7) treatment plants; and
(8) recreational facilities.
15103 C. Class III: New Construction of Small Structures.
Class III consists of construction of new facilities or struc-
tures and installation of new equipment or facilities, in-
cluding, but not limited to:
(1) single family residences not in conjunction with
the building of two or more such units;
(2) motels, apartments, a~d duplexes designed for not
more than four dwelling units if not in conjunction with
the building of two or more such structures;
(3) stores, offices, and restaurants if designed for
an occupant load of 20 persons or less, if not in con-
junction with the building of two or more such structures;
(4) water main, sewage, electrical, gas and other utility
extensions of reasonable length to serve the construction;
(5) accessory (appurtenant) structures including garages,
carports, patios, swimming pools and fences. Reg. 15103
15104 D. Class IV: Minor Alterations to Land
Class IV consists of minor alterations in the condition of
-54-
land, water, and/or vegetation which do not involve removal
of mature, scenic trees except for forestry or agricultural
purposes, including but not limited to:
(1) small water diversion facilities;
(2) grading on land with a scope of less than ten (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 area, or in
officially mapped areas of severe geologic hazard;
(3) new gardening or landscaping but not including tree
removal;
(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 management
areas of fish production facilities which result in im-
provement of habitat for fish and wildlife resources
or greater fish production;
(6) minor temporary uses of land having negligible or
no permanent effects on the environment;
(7) maintenance dredging where the spoil is deposited
in a spoil area authorized by all applicable state and
federal regulatory agencies.
15106 E. Class V: Information Collection.
Class V consists of basis data collection, research, experi-
mental management and resource evaluation activities which
do not result in a serious or major disturbance to an envi-
ronmental resource. These activities may be undertaken
strictly for information-gathering purposes or as part of a
study leading toward the undertaking of a project.
15109 F. Class VI: Inspection.
Class VI consists of inspection activities, including but
not limited to inquiries into the performance of an operation
-55-
and examinations of the quality, health or safety of a project.
15111 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 park-
ing lots.
15112 H. Class VIII: Surplus Government Property Sales.
Class VIII consists of sales of surplus government property
except for parcels of land located in an area of statewide
interest or potential area of critical concern as identified
in the Governor's Enviornmental Goals and Policy Report pre-
pared pursuant to Government Code Sections 65041 et seq.
However, if the surplus property to be sold is located in
those areas identified in the Governor's Environmental Goals
and Policy Report, its sale is exempt if:
(1) the property does not have significant values f6r
wildlife habitat or other environmental purposes, and
(2) any of the following conditions exist:
(a) the property is of such size or shape that it
is incapable of independent development or use, or
(b) the property to be sold would qualify for an
exemption under any other class of categorical exemp-
tion in Article VII of these Guidelines, or
(c) the use of the property and adjacent property
has not changed since the time ofpurchase by the
District.
15119 I. Class IX: Annexations of Existing Facilities and Lots
for Exempt Facilities.
Class IX consists of only the following annexations:
(1) annexations to the District of areas containing
existing public or private structures developed to the
density allowed by the current zoning or pre-zoning of
either the gaining or losing governmental agency which-
-56-
ever is more restrictive, provided, however, that the
extension of utility services to the existing facilities
would have a capacity to serve only the existing facili-
ties.
(2) annexations of individual small parcels of the mini-
mum size for facilities exempted by Class III, New Con-
struction of Small Structures.
15120 J. Class X: Changes in Organization Qf the District.
Class X consists' of changes in the organization or reorgani-
zation of the District where the changes do not change the
geographical area in which previously existing powers are ex-
ercised. Examples include but are not limited to:
(1) establishment of a subsidiary district;
(2) consolidation of two or more districts having iden-
tical powers;
(3') merger with a city or a district lying entirely
within the boundaries of the city.
15121 Enforcement Actions by Regulatory Agencies
(a) Class X consists of actions by regulatory agencies to
enforce or revoke a lease, permit, license, certificate, or
other entitlement for use issued, adopted or prescribed by
the regulatory agency or law, general rule, standard, or ob-
jective, administered or adopted by the regulatory agency.
Such actions include, but are not limited to, the following:
(1) The direct referral of a violation of lease, permit,
license, certificate, or entitlement for use or of'a
general rule, standard, or objective to the Attorney
General, District Athorney, or City Attorney as approp-
riate, for judicial enforcement.
(2) The adoption of an administrative decision 6r order
enforcing or revoking the lease, permit, license, cer-
tificate, or entitlement for use or enforcing the general
rule, standard, or objective.
-57-
(b) Construction activities undertaken by the public agency
taking the enforcement or revocation action are not included
in this exemption.
ARTICLE VIII - RETENTION OF COMMENTS AND
AVAILABILITY OF COMMENTS FOR REVIEW
15166 Section 41.
All written comments received on a draft EIR through the for-
mal consultation process provided for in Section 39G, supra,
as well as all written comments that may be received indepen-
dently 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 addi-
tion, said comments shall be made available for public in-
spection at all reasonable times.
ARTICLE IX - SUBSEQUENT EIR'S
15067 Section 42.
A. Where an EIR or Negative Declaration has been prepared,.
no additional EIR need be prepared unless:
(1) Substantial changes are proposed in the project
which will require major revisions of the EIR, due to
the involvement of new environmental impacts not con-
sidered in the original EIR.
(2) There are substantial changes with respect to the-
circumstances under which the project is to be undertaken,
such as a substantial deterioration in the air quality
in the area where the project will be located which will
require major revisions in the EIR due to the involvement
of new environmental impacts not covered in the original
EIR, or
(3) New information of substantial importance to the
project becomes available, and
(a) The information was not known and could not
-58
have been known at the time the EIR was certified as
complete or a Negative Declaration was adopted, and
(b) The new information shows any of the following:
1. The project'Will have one or more significant
effects not discussed previously in the EIR,
2. Significant effects previously examined will
be more severe than shown in the EIR,
3. Mitigation measures or alternatives pre-
viously found not to be feasible would in fact be
feasible and would substantially reduce one or more
significant effects of the project, or
4. Mitigation measures or alternatives which
were not previously considered in the EIR would sub-
stantially lessen one or more significant effects
on the environment.
B. If the EIR or Negative Declaration has been completed but
the project has not yet been approved, the Lead Agency shall
prepare or cause to be prepared the subsequent EIR before
approving the project.
C. If the project was approved prior to the occurrence of
the conditions described in Subsection A, the subsequent'EIR
shall be prepared by the public agency which grants the next
discretionary approval for the project. In this. situation
no other Responsible Agency shall grant an approval for the
project until the subsequent EIR has been completed.
ARTICLE X - USE OF A SINGLE EIR
FOR MORE THAN ONE PROJECT
15068 Section 43.
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
-59-
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 ex-
plain said impacts.
ARTICLE XI - USE OF A
GENERAL PLAN EIR WITH SUBSEQUENT PROJECTS
15068.5 Section 44.
The EIR on a general plan may be used as the foundation docu-
ment for EIR's subsequently prepared for'specific projects
within the geographic area covered by the general plan. The
subsequent EIR's may reference and summarize material in the
EIR on the general plan for the description of the general
environmental setting and as much of the description of the
environmental impacts as applies to the specific project.
Detailed information in the EIR on the specific project may
be limited to a description of the project, the specific en-
vironmental setting and those impacts which. are not adequately
described for the specific project in the EIR on the general
plan. When a subsequent EIR refers to an EIR on the genera~
plan for part of its description of the environment and the
environmental impacts, copies of the EIR on the general plan
shall be made available to the publlc in a number of locations
in the community and to any clearinghouses which will assist
in public review of the EIR. The purpose of this section is
not to restrict analysis of environmental issues but to avoid
the necessity for repeating detail from a General Plan EI~.
-60-
ARTICLE XII - MULTIPLE AND PHASED PROJECTS
15069 Section 45.
Where individual projects are, or a phased project is, to
be undertaken and where the total undertaking comprises a
project with significant environmental effect, the District
if it is a Lead Agency must prepare a single EIR for the ul-
timate project. Where an individual project is a necessary
precedent for'action on a larger project, or commits the Lead
Agency to a larger project, with significant environmental
effect, an EIR must address itself to the scope of the larger
project. Where one project is one of several similar 'projects
of the District, but is not deemed a part of a larger under-
taking or a larger project, the District may prepare one EIR
for all projects, or one for each project, but shall in either
case co~ent upon the cumulative effect.
ARTICLE XIII - STAGED EIR
15069.5 Section 46.
A. Where a large capital project will require a number of
discreEionary approvals from governmental agencies and one
of the approvals will occur more than two (2) years before
construction will begin, a staged EIR may be prepared covering
the entire project in a general form. The staged EIR should
evaluate the proposal in light of current and contemplated
plans and produce an informed estimate of the environmental
consequences of the entire project. The aspect of the project
before the District for approval shall be discussed with a
greater degree of specificity.
B. When a staged EIR has'been prepared, a supplement to the
EIR shall be prepared when a later approval is required for
the project, and the information available at the time of the
later approval would permit consideration of additional en-
vironmental impacts, mitigation measures, or reasonable
-61-
alternatives to the project.
C. Where a statute such as the Warren-Alquist Energy Re-
sources Conservation and Development Act provides that a
specific agency shall be the Lead Agency for a project and
requires the Lead Agency to prepare an EIR, a Responsible
Agency which must grant an approval for the project before
the Lead Agency has completed the EIR may prepare and consider
a staged EIR.
ARTICLE XIV - PARTIAL INVALIDITY
Section 47.
In the event any part or provision of this Resolution shall
be determined to be invalid, the remaining portions of this
Resolution which can be separated from the invalid, unenforce-
able provisions, shall nevertheless continue in full force
and effect.
-62-
EXHIBIT A . ·
PRELIM31F~Y ENVIRO~M~VE~L ASSESS~T~
DlSfRICT
(address)
Name of Project
Location
Entity or Person Urx]ertaking Project
A. District
B. O.tb~r
Name.
~c]ress
Staff Determination
The District' s staff, having undertaken and completed a prelin~
review of this project in accordance with the District's Resolution entitled
"Local Guidelines of the District Implementing
the CaliforD~a Environmental Quality Act", has concluded that this project
does not require further envirormental asses~nt because:
1. The proposed action does not constitute a Project within the meaning
of Section 28.
2. The project is a Ministerial Project under Section 7.
3. The project is an Emergency Project under Section 32.
4. The project constitutes a Feasibility or planning Study under
Section 33.
__ 5. The project is Categorically Exempt under Section 40. Applicable Exemption Class
6. The project involves another public agency which constitutes the
Lead Agency.
Name of I~ad Agency_
DATE b'U~NAGER
DISTRICT
(address)
Name of Project
Location
Entity or Person Undertaking Project
A. District
Bo Other
Name
Address
Staff Determination
The District's staff, having undertaken and oompleted' an Initial Study
of this project in accordance with Section 37 of the District's Resolution
entitled "Local Guidelines of the District Implementing
the California Environmental Quality Act", for the purpose of ascertaining
whether the proposed project might have a significant effect on the
environment, has reached the following conclusion:
__ 1. The project could not have a significant effect on the environment;
therefore, a Negative Declaration should be prepared.
__ 2. The project could have a significant effect on the environment;
therefore, an EIR will be required.
FA_NAGER
EXHIBIT C
NOTICE OF DETERMINATION
DISTRICT
(address)
TO: County Clerk
County of
Responsible Agency Division
Name of Project
Location
Contact Person Area Code Phone Ext.
The Board of Directors of the District, on
, 19 , has approved the above described project and has taken
the following action:
1. Determined that tile project will/ will not have a significant effect on
the environment.
2. An Eir has been prepared pursuant to the provisions of the California
EnV'ironmental Quality Act and was certified pursuant to Section 15085(g) of
the State EIR Guidelines.
A Negative Declaration was prepared for this project pursuant to the
provisions of CEQA. A copy of the Negative Declaration is attached.
3. A statement of Overriding Consideration was/ .yas not adopted for this projec~
4. Mitigation measures adopted to reduce the impacts of the approved project:
Date Manager
EXHIBIT D
NOTICE OF COMPLETION
DISTRICT
(aaaress)
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
'- ~- E~]IBIT E
NOTICE OF EXjiMPTION
DISTRICT
(address)
TO: County Clerk
County of
Project Title
Project Location - Specific
Project Location - City County
Description of Nature, Purpose, and Beneficiaries of Project
NaFe of Public Agency Approving ffrb~c't" " ,
Name of Person or Agency Carrying Out Project
Exempt Status:' (check one)
Ministerial - Section 15073
' Declared ~nergency - Section 15071
~nergency Project - Section 15071
' Categorical Exemption - state tl~pe and section number___
~easons ~'~ny projec't"is ex~npt
Contract Person Area Code Phone Extension
If filed by applicant:
1. Attach certified doctraent of exemption finding.
2. }Ms a notice of exemption been filed by ~e public agency approving
the project? __.yes ..... ~o
DATE MANAGER
EXHIBIT F
Page 1 of 2
ENE[EY CONS~]2RVATION
I. INTRDDUCTION
~ goal of oonserving energy implies the wise and efficient use of
energy. The means of achieving this goal include:
(1) decreasing overall per capita energy consumption;
(2) decreasing reliance on natural gas and oil; and
(3) increasing reliance on renewable energy sources.
In order to assure that energy implications are considered in project
decisicns, the California Environmental Quality Act requires that EIR's
include a discussion of the potential energy impacts of proposed projects,
with particular emphasis on avoiding or reducing inefficient, wasteful and
unnecessary consumption of energy.
-Energy Conservation implies that a project's cost effectiveness be reviewed
not only in dollars, but also in terms of energy requirements. For many pro-
jects, lifetime costs may be determined more by energy efficiency than by
initial dollar costs.
II. EIR CONTENTS
Potentially significant energy implications of a project should be
considered in an EIR. The following list of energy impact possibilities
and pote~ntial conservation measures is designed to assist in the preparation
of an EIR. In many instances specific items may not apply or additional
ita~s may be needed.
A. Project Description may include the foilcRying items:
· ~1.' Energy consuming equiFment and processes which will be used
duri~ construction, operation and/or removal of the p~oject. If appropriate,
this discussion should consider the energy intensiveness of materials and
equipment required for the project.
2. Total energy requirements of the project by fuel type and end use.
3. Energy conservation equipment and design features.
4. Initial and life-cycle energy costs or supplies.
B. Environmental Setting n~y include existing energy supplies and
energy use patterns in the region and locality.
C. Environmental Impacts may include:
1. The project' s energy requirements aix3 its energy use efficiencies
by ~nount and fuel type for each stage of the project' s life cycle including
construction, operation, maintenance and/or removal. If appropriate, the
energy intensiveness of materials may be discussed.
EXHIBIT F
Page 2 of 2 "-i
2. The effects of the project on local and regional energy supplies
and on requirements for additional capacity.
3. The effects of the project on pea~k ar~ base period demaDS~ for
electricity and other forms of energy.
4. The degree to which the project complies with existing energy
stand~ards.
5. The effects of the project on energy resources.
D. Mitigation Measures may include:
1. Potential measures to reduce wasteful, inefficient and unnecessary
construction of energy during construction, operation, maintenance and/or
removal. The discussion should explain why certain measures were incorporated
in the project and why other measures were dismissed.
2. The potential of siting, orientation, and design to minimize
energy consumption.
3. The potential for reducing peak energy demand.
4. Alternate fuels (particularly renewable ones) or energy systems.
5. Energy conservation which could result from recycling efforts.
E. Alternatives should he compared in terms of overall energy cons~'~ption
and in terms of reducing wasteful, inefficient and unnecessary consumption
of energy.
F. Unavoidable ~dverse Effects may include wasteful, inefficient and
unnecessary consumption of energy during the project construction, operation,
maintenance and/or removal that callnot be feasibly mitigated.
G. Irreversible Conmitment of Resources my include a discussion of how
the project preempts future energy development or future energy conservation.
t1. Short-Term Gains versus Long-Term Impacts can be ccmpared by calculating
the energy costs over the lifetime of the projt~t.
I. Growth Inducing Effects may include the estimated energy consumption
of growth induced by the project.
E~{IBIT G
SIGNIFICANT EFFECTS
project will normally have a significant effect on the environment if it will:
(a) Conflict with adopted environmental plans and goals of the community
where it is located;
(b) Have a substantial, demonstrable negative aesthetic effect;
(c) Substantially affect a rare or endangered species of animal or plant or
the habitat of the species;
(d) Interfere substantially with the movement of any resident or migratory fish
or wildlife species;
(e) Breach published national, state, or local standards relating to solid
waste or litter control;
(f) Substantially degrade water quality;
(g) Contaminate a public water supply;
(h') Substantially degrade or deplete groundwater resources;
(i) Interfere substantially with groundwater recharge;
(j) Disrupt or alter an archaeological site over 200 years old, an historic site
or a paleontological site except as part of a scientific study of the site;
(k) Induce substantial growth or concentration of population;
(1) Cause an increase in traffic which is substantial in relation to the existing
traffic load and capacity of the street system;
(m) Displace a large number of people;
(n) Encourage activities which result in the use of large amounts of fuel, water
or energy;
(o) Use fuel, water or energy in a wasteful manner;
(p) Increase substantially the ambient noise levels for adjoining areas;
(q) Cause substantial flooding, erosion or siltation;
(r) Expose people or structures to major geologic hazards;
(s) Extend a sewer trunk line with capacity to serve new development;
(t) Substantially diminish habitat for fish, wildlife or plants;
(u) Disrupt or divide the physical arrangement of an established community;
(v) Create a public health hazard or a potential public health hazard; ~'~.~
(w) Conflict with established recreational, educational, religious or
scientific uses of the area;
(x) Violate any ambient air quality standard, contribute s~b~tantially to
an existing or projected air quality violation, or expose sensitive
receptors to substantial pollntant concentrations.
NOTE: Authority cited: Sections 21083 and 21087, Public Resources Code.
Reference: Sections 21000-21176, Public Resource~ Code.
EXltIBIT H
NOTICE OF PREP/LRATION
TO: FROM:
(Responsible Agency) (District)
(Address) (Address)
SUBJECT: Notice of Preparation of a Draft Environmental Impact Report
District will be the Lead Agency and will prepare
an environmental impact report for the project indentified below. We need to know
the views of your agency as to the scope and content of the envSronmental information
which is germane to your agency's statutory responsibilities in connection with the ~.
proposed project. Your agency will need to use the EIR prepared by our agency when '
considering your permit or other approval for the project.
The project description, location, and the probable environmental effects are
contained in the attached materials. A copy of the Initial Study ( )is, ( ..)is not,
attached.
Due to ~he time limits mandated by State law, your response must be sent at the
earliest possible date but not later than 45 days after receipt of this notice.
Please send your response to at the address shown above.
q~e will need the name for a contact person in your agency.
PROJECT TITLE:
PROJECT APPLICANT, IF ANY:
Date Signature
Title
Telephone
determines that it can be fairly argued on the basis of sub-
~tantial evidence that the project may have a significant
effect on the environment or'that there is a Serious public
controversy concerning the environmental effect of a project,
it shall order the preparation and filing of an EIR in accord-
ance with the provisions of Section 39, infra.
15164 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.
15066 Section 38. Negative Declaration
15083
A. Following the initial study as described in Section 37,
supra, a Negative Declaration shall be prepared for all dis-
cretionary projects not otherwise exempt upon a finding by
the Board that the project will not have a significant effect
on the environment. Before completion of a draft EIR or adopting
a Negative Declaration, the District shall consult with all
responsible agencies (i.e., other public agencies involved
in carrying out or approving the project). This consultation
may take place during the public review period required by
subsection D of this section.
1. Prior to determining whether a Negative Declaration
or Environmental Impact Re port is required for a proj-
ect, the Lead Agency shall consult with all Responsible
Agencies. This fiTst step of consultation may be done
quickly and informally.
2. Immediately after deciding that an EIR is required
for a project, the Lead Agency shall send to each Re-
sponsible Agency by certified mail a Notice of Prepara-
tion stating that an EIR will be prepared. The notice
shall also be sent to every federal agency involved in
approving or funding the project.
-30-
(a) The Notice of Preparation shall provide the Re-
sponsible Agencies with sufficient information de-
scribing the project and the environmental effects
to enable the Responsible Agencies to make a meaningful
response. At a minimum, the information should include:
(1) Description of the project
(2) Location of the project, and
(3) Probable environmental effects of the project.
(b) A sample format for a Notice of Preparation is
shown in Appendix H. Any format containing the essen-
tial information is permissible. A copy of the Initial
Study may be sent with the notice to supply the necessary
information.
(c) The Lead Agency may begin work. on the draft EIR
immediately without awaiting responses to the Notice
of Preparation. The draft EIR in preparation may need
to be revised or ekpanded to conform to responses to
the Notice of Preparation.
3. After receiving the Notice of Preparation under sub-
paragraph 2, each Responsible Agency shall provide the
Lead Agency with specific detail about the scope and
content of the environmental information related to the
Responsible Agency's area of statutory responsibility
which must be included in the environmental impact report.
4. In order to expedite the consultation, the Lead Agency,
a Responsible Agency, or a project applicant may request
one or more meetings between representatives of the agencies
involved to assist the Lead Agency in determining the
scope and content of the environmental information which
the Responsible Agency may require. Such meetings shall
be convened by the Lead Agency as soon as possible, but
no later than 30 days, after the meetings were requested.
-31-
7 The required contents of a Negative Declaration and the pro-
! cedures to be followed in connection with the preparation
thereof are as follows:
15083(d) B. Notice of Preparation of a Negative Declaration shall
be provided by the District Manager to the public at least
ten (10) days prior to final adoption by the District of the
Negative Declaration. At least ten (10) days prior to the
adoption. of a Negative Declaration, notice shall be given to
all organizations and individuals who have previously re-
quested such notice and shall also be given by at least one
of the following procedures:
(1) publication, no fewer times than required by Section
6061 of the Government Code, by the District in a newspaper
of general circulation in the area affected by the proposed
project;
(2) posting of notice by the District on an off site in the
area where the'project is to be located;
(3) direct mailing to owners of property contiguous to the
project.
The alternatives for providing notice specified above shall
not preclude the District from providing additional notice
by other means if the District so desires, nor shall the re-
quirements of this section preclude the District from pro-
viding the public notice required herein at the same time and
in the same manner as public notice otherwise required by law
for such project.
15083(c C. Contents. A Negative Declaration shall contain the follow-
ing information:
(t) a brief description of the project; including a commonly
used name for the project if any;
(2) the location of the project and the name of the project
proponent;
-32-
(3) a finding that the project will not have a significant
effect on the environment;
(4) an attached copy of the Initial Study documenting reasons
to support the finding;
(5) mitigation measures, if any, included in the project
to avoid potentially significant effects.
15083(e) D. Public Review. Upon completion of a Negative Declaration,
the Manager or other designated person shall cause a copy of
the Negative Declaration and the Initial Study to be filed'
and posted at the District's office and made available for
public inspection.
E. Board Approval o~ Disapproval of Project. Following the
filing and posting of the Negative Declaration at the District's
office, but in no event sooner than fifteen (15) days following
the date of such filing and posting, the Board may consider
the project at a regular, adjourned 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.
15083(f) F. Notice of Determination. Following approval or disapproval
of the project, the District shall cause to be prepared a No-
ice of Determination on a form attached hereto as Exhibit "C",
which shall contain the following:
(1) the decision of the District to approve the project;
(2) the determination of the District as to whether the proj-
ect will have a significant effect on the environment;
(3) a statement of whether an EIR has been prepared pursuant
to CEQA; and
(4) the address where a copy of the Negative Declaration
may be examined.
Said notice then shall be filed with the County Clerk of the
county or counties in which the project is located. If the
project requires discretionary approval from a state agency,
the Notice of Determination also shall be filed with the Sec-
retary for Resources.
-33-
G_L. 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.
15053 H. Costs. As to projects covered by Article III, Section
28A(2) and (3) supra, 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.
15084 Section 39. Environmental Impact Reports.
Following the Initial Study as described in Section 37, supra,
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 or that there
is serious public controversy concerning the environmental
effect of a project. The required contents of an EIR and the
procedures to be followed in connection with the preparation
thereof are as follows:
'15140 A. General Requirements of EIR's
(1) Environmental Impact Reports shall contain the information
outlined in this article. Each element must be covered, and
when these elements are not separated into distinct sections,
the document shall state where in the document each element
is discussed.
(2) Each report shall contain a brief summary of the proposed
action and its consequences in language sufficiently simple
that the issues can be understood by the average member of
the lay public. The EIR shall also contain a table of contents
or an index.
(3) The information contained in an EIR shall include summar-
ized technical data, maps, plot plans, diagrams and similar
-34-
relevant information sufficient to permit full assessment of
significant environmental impacts by reviewing agencies and
members of the public. 'Placement of highly technical and
specialized analysis and data in the body of an EIR should
be avoided through inclusion of supporting information and
analyses as appendices to the main body of the EIR. Appen-
dices to the EIR may be prepared in volumes separate from the
basic EIR document, but shall be available for public exami-
nation and shall be submitted to all clearing-hoUses which
assist in public review.
(4) The EIR should be prepared using a systematic, inter-
disciplinary approach. The interdisciplinary. analysis shall
be conducted by competent individuals, but no single discip-
line shall be designated or required to undertake this eval-
uation. Preparation of EIR's is dependent upon information
from many sources, including the engineering project report
and many scientific documents relating to environmental fea-
tures. The EIR shall reference all documents used in its .
preparation including where possible, a citation to the page
and section number of any technical reports which were used
as the basis for any statements in the EIR.
(5) The EIR should discuss environmental effects in proportion
to their severity and probability of occurrence. Effects dis-
missed in an Initial Study as clearly insignificant and un-
likely to occur need not be discussed further in the EIR un-
less the Lead Agency subsequently receives information incon-
sistent with the finding in the Initial Study. A copy of the
Initial Study shall be attached to the EIR to provide the basis
for limiting the impacts discussed.
(6) An EIR shall contain a statement briefly indicating the
reasons for determining that various effects of a project
that could possibly be considered significant were not found
to be significant and consequently were not discussed in de-
tail in the EIR.
-35-
(7) Drafting an EIR necessarily involves some degree of
forecasting. While foreseeing the' unforeseeable is not pos-
sible, an agency must use its best efforts to find out and
disclose all that it reasonably can.
(8) If, after thorough investigation, a Lead Agency finds
that a particular impact is too speculative for evaluation,
the agency should note its conclusion and terminate discussion
of the impact.
15063 (9) When an EIR is required by CEQA and a federal EIS has
been or will be prepared for the same project, all or any part
of the EIS may be used as all or any part of the EIR; provided,
however, that the EIS or part used shall comply with these
Guidelines.
In cases where a federal EIS is used, discussion of mitigation
measures, growth-inducing impact, and energy conservation will
have to be added or supplemented if the EIS does not include
an adequate discussion of these elements.
(10) When a project requires both an EIR and an EIS, the
Lead Agency shall whenever possible, use the EIS as the EIR
as provided in subsection (9).
(11) If a Lead Agency finds that an EIS for a project would
not be prepared by the Federal Agency at the time when the
Lead Agency will need to consider an EIR, the Lead Agency
should try to prepare a combined EIR-EIS. To avoid the need
for the Federal Agency to prepare a separate document for the
same project, the Lead Agency must involve the Federal Agency
in the preparation of the EIR-EIS. This involvement is neces-
sary because federal law generally prohibits a Federal Agency
from using an EIR prepared by a state or local agency unless
the Federal Agency was involved in the preparation of the
document.
-36-
(12) When it plans to use an EIS or prepare a joint EIR-EIS,
the Lead Agency shall consult as soon as possible with the
agency that would prepare the EIS.
(13) W~ere a project will be subject to both CEQA and the
National Environmental Policy Act, the one year time limit
and the 105 day time limit may be waived pursuant to Section
36B.
(14) Where the Federal Agency circulated the EIS for public
review as broadly as state or local law may require and gave
notice meeting the standards in Section 39j, the Lead Agency
under CEQA need not recirculate the EIS for public review.
One review and comment period is enough. The Lead Agency
shall give notics that it will use the EIS in the place of
an EIR and that it believes that the EIS meets the require-
ments of CEQA.
15141 B. 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 proj-
ect 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, and supporting public service facilities.
15144 C. Organizations and Persons Consulted. The identity of all
-37-
federal, state or local agencies, other organizations and
private individuals consulted in preparing the EIR, and the
identity of the persons, firm or agency preparing the EIR,
bV contract or other authorization must be qiven.
15142 D. Description of Environmental Setting. An EIR must include
15145
a description of the environment in the vicinity oi the proj-
ect, as it exists before commencement of the project, from
both a local and regional perspective including but not limited
to water quality aspects of the proposed project which have
been previously certified by the appropriate state or inter-
state organizations as being in substantial compliance with
applicable water quality standards. Knowledge 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 the region. Specific reference
to related projects, both public and private, both existent
and planned, in the region should also be included, for pur-
poses of examining the possible cumulative impact of such
projects.
15140 E. Environmental Impact. All phases of a project must be
15143 Considered when evaluating its impact on the environment:
planning, acquisition, development and operation. The follow-
ing subjects shall be discussed separately, the EIR shall in-
clude a table showing where each of the subjects is discussed.
15143(a) (1) The Significant Environmental Effects of the Proposed
Project
Describe the direct and indirect significant effects of the
project on the environment, giving due consideration to both
the short-term and long-term effects. It should include rele-
vant specifics of the area, the resources involved, physical
changes, alterations to ecological systems and changes induced
in population distribution, population concentration, the ~=
-38-
human use of the land (including commercial and residential
development) and other aspects of the resource base such as
water, scenic quality and public services. Cumulative effects
shall also be discussed when found to be significant.
15143(b) (2) Any Significant Environmental Effects Which Cannot Be
Avoided If The Proposal Is Implemented.
Describe any significant 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. Describe significant impacts on any
aesthetically valuable surroundings, or on human health.
15143(c) (3) Mitigation Measure Proposed To Minimize The Significant
Effects
Describe significant, avoidable, adverse impacts, including
inefficient and unnecessary consumption of energy and measures
to minimize these impacts. The discussion of mitigation mea-
sures shall distinguish between the measures which are proposed
by project proponents to be included in the project and other
measures that are not included but could reasonabl~ be expected
to reduce adverse impacts. This discussion shall include an
identification of the acceptable levels to which such impacts
will be reduced, and the basis upon which such levels were
identified. Where several measures are available to mitigate
an impact, each should be discussed and the basis for selecting
a particular measure should be identified. Energy conservation
measures, as well as other appropriate mitigation measures,
shall be discussed when relevant. Examples of energy conser-
vation measures are provided in Exhibit "F".
15143(d) (4) Alternatives To The Proposed Action.
DesCribe all reasonable alternatives to the project, or to
the location of the project, which could feasibly attain the
-39-
basic objectives of the project, and why they were rejected
in favor of the ultimate choice. The specific alternatives
of "no project" must also always be evaluated, along with the
impact. The discussion of alt'ernatives shall include alter-
natives capable of substantially reducing or eliminating any
significant environmental effects, even if these alternatives
substantially impede the attainment of the project objectives
and are more costly.
15143(e) (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 p[oposed
project which adversely affect the state of the environment.
Special attention should be given to impacts which narrow the
range of beneficial.uses of the enviroDment 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. (But see Paragraph (9), infra).
15143(f) (6) Any Significant 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 con-
tinued phases of the project may be irreversible since a large
commitment of such resources makes removal or non-use there-
after unlikely. Primary impacts and, particularly, secondary
impacts (such as a highway improvement which provides access
to non-accessible area) generally commit future generations
to similar uses. Also irreversible damage can result from
environmental accidents associated with the project. Irre-
trievable commitments of resources should be evaluated to
assure that such current consumption is justified. (But see
Paragraph (9), infra).
-40-
15143(g) (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 wastewater treatment plant might, for example,
allow for construction in service areas). Increases in the
population may further tax existing community service facili-
ties so consideration must be given to this impact. Also dis-
cuss the characteristics of some projects which rmay 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.
15143.5 (8) Effects Found Not To Be Significant.
An EIR shall contain a statement briefly indicating the reasons
that various possibly significant effects of a project were
determined not to be significant and were therefore not dis-
cussed in detail in the EIR. Such a statement may be contained
in an attached copy of an Initial Study.
15149 ~9}.. InCorporation By Reference.
(a) An EIR may incorporate by reference all or portions of
another document which is a matter of public record or is gen-
erally available to the public. Where all or part of another
document is incorporated by reference, the incorporated language
shall be considered to be set forth in full as part of the text
of the EIR.
(b) Where part of another document is incorporated by reference,
such other document shall be made available to the public for
inspection at a public place or public building. The EIR shall
state where the incorporated documents will be available for
inspection. At a minimum, the incorporated document shall be
made available to the public at an office of the Lead Agency
-41-
in' the county where the project would be carried out or in one
or more public buildings such as county offices or public li-
braries if the Lead Agency does not have an office in the
county.
(c) Where an EIR uses incorporation by reference, the incor-
porated part of the referenced document shall be briefly sum-
marized where possible or briefly described if the data or in-
formation cannot be summarized. The relationship between the
incorporated part of the referenced document and the EIR shall
be described.
15143.1 (10) Limitations on Discussion of Environmental Impact.
The information required by subparagraphs (E)(5) and (E)(6)
of Section 39 of these Guidelines need be included only in
EIR's prepared in connection with any of the following activ-
ities:
(a) the adoption, amendment, or enactment of a plan, policy,
or ordinance of the District.
~b) the adoption by a Local Agency Formation Commission of
a resolution making the determinations.
15143.1(c) (c) a project which will be subject to the requirement for
preparing an environmental impact statement pursuant to the
requirements of the National Environmental Policy Act of 1969,
as amended.
15085 F_L.' Preparation of Draft EIR; p%Whom
(1) the draft EIR shall be undertaken by the District's staff
or by private experts pursuant to contract with the District.
15085(b) (2) Prior to completing the draft EIR, the District should
also consult directly with any person or organization it
-42-
believes will be concerned with the environmental effects of
the project.
(3) For projects where federal involvement might require prep-
aration of a federal EIS, the Lead Agency under CEQA should
consult with the appropriate federal agency on the need for
an EIS. If both an EIR and EIS are needed, the documents
should be prepared jointly where federal regulations or pro-
cedures allow, or the EIR should be prepared pursuant fo Sec-
tion 15063(b) of the State Guidelines. Preparation of a sep-
arate EIR and EIS for the same project should be avoided, if
possible.
After determining that an EIR will be required for a project,
the District shall send a Notice of Preparation to each
sponsible agency as required by Section 38.
15085(c) G. Completion of Draft EIR; Notice of Completion.
Upon completion, the draft EIR shall be presented to the Board
for review at a regular, adjourned 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 for the Resources Agency on a form attached hereto
as Exhibit "D". Said Notice shall contain the following:
(1) a brief description of the proposed project;
(2) the location of the proposed project;
(3) information indicating where copies of the draft EIR are
available for review; and
(4) the period during which comments will be received.
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.
H. Posting of Notice of Completion.
-43-
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 Dis-
trict as follows:
San Marcos City Hall
105 W. Richmar Avenue
San Marcos, California 92069
San Diego County Public Library
San Marcos Branch
131 W. Richmar Avenue
San Marcos, California 92069
15161 I. Review of Draft EIR By Other Public Agencies and Persons
15161.5 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 shall consult with and attempt to obtain com-
ments from all public agenciesing jurisdiction 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. or as other-
wise determined by the Board. Draft EIR's and Negative
Declarations shall be submitted to the State Clearing-
house where a state agency is a Responsible Agency.
(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 shall be advised in writing that they may
submit written comments to the District within the time
established for review under Paragraph 2, infra.
-44-
15160 (2) Time for Review
At the time the Board authorizes the filing of the Notice
of Completion it shall establish a time period so as to per-
mit adequate review of and comment on the draft EIR by such
public agencies or persons. The period of time, to be estab-
lished at 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
and no more than ninety (90) days, except in unusual circum-
stances, after the date of mailing or on delivery in person.
If a state agency is a Responsible Agency, the review period
shall be no less than forty-five (45) days unless a shorter
period is approved by the State Clearinghouse.
15162 (3). Failure To Comment
In the event a public agency or person whose comments on a
draft EIR are solicited pursuant to Subparagraph 1, supra,
fails to comment within the time period established pursuant
to Subparagraph 2, supra, it shall be presumed, absent a
written request for a specific extension of 'time for review
and comment, ~ogether with the reasons therefor, that such
agency or person has no comment to make. Any extension"of
time granted by the District shall be reasonable under the
circumstances, but ordinarly shall not cover a period greater
than the time period initially established for review and
comment pursuant to Subparagraph 2, supra.
15160(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.
-45-
15085(d) J. Availabil. ity of the Draft EIR for Review.
(1) After completing a draft EIR, the District shall consult
with and obtain comments from' public agencies having juris-
diction by law with respect to the project and should consult
with persons having special expertise with respect to any en-
vironmental impact involved. The District shall provide the
general public with an opportunity to comment on the EIR.
(2) The District shall provide public notice of the comple-
tion of a draft EIR at the same time as it sends a Notice of
Completion to the Resources Agency. Notice shall be mailed
to all organizations and individuals who have previously re-
quested such notice and shall also be given by at least one
of the following procedures:
(a) publication at least one time by the District in
a newspaper of general circulation in the area affected
by the proposed project;
(b) posting of notice by the District on and off the
site in the area where the project is to be located;
(c) direct mailing to owners of property contiguous to
the project.
(3) The alternatives for providing notice specified in Sub-
paragraph (2), supra, shall not ~reclude the District from
providing additional notice by other means if the District
so desires, nor shall the requirements of this section pre-
clude the District from providing the public notice required
by this section at the same time and in the same manner as
public notice otherwise required by law for such project.
(4) The District shall use the State Clearinghouse to dis-
tribute EIR's and other environmental documents to state
agencies for review and should use areawide clearinghouses
to distribute the documents to regional and local agencies.
-46-
(5) TO make copies of EIR's available to the public, the
District should furnish copies of draft EIR's to appropriate
public library systems, i.e., to the San Diego County Public
Library, San Marcos Branch, i31 W. Richmar Avenue, San Marcos,
California 92069.
(6) Any person requesting a copy of the draft EIR from the
District may be charged the actual cost of reproducing it.
(7) The District should. compile listings of other agencies,
particularly local agencies, which have jurisdiction by law
and/or special expertise with respect to various projects
and project locations. Such listings should be a guide in
determining which agencies should be consulted with regard
to a particular project.
15165 K. Public Hearings.
15085(d)
(1) General.
From time to time, depending upon the nature and location
of a proposed project, the Board in its discretion, may find
it desirableto 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 news-
paper of general circulation within the District and it shall
be posted at three (3) public places within the District, one
of which shall be at the principal office of the District.
Publication or posting shall be done at least fourteen (14)
days prior to the date set for public hearing. Said notice
shall also 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 meeting of the Board.
(4) Procedures for Conducting Public Hearings.
The procedures for the manner of conducting the public hear-
ings 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.
15085(f) L. Final EIR.
15146
~1~_ Preparation.
Following the receipt of comments on the draft EIR by other
public agencies and persons with special expertise as required
by Subparagraph I and if a public hearing has been held pur-
suant to Subparagraph K, following such hearing, comments that
have been received shall be evaluated and then a final EIR
shall be pepared.
15146(a) (2) Contents.
15146(a)(4) The final EIR shall consist of the draft EIR or a revision
thereof; a section containing a statement of the comments
received through the review and consultation process set forth
in Subparagraphs I and K, either verbatim or in summary; a
list of persons, organizations and public.. agencies commenting
on the draft EIR; and a section containing a response by the
Lead Agency to the significant environmental points that are
raised in the review and consultation process.
15146(b) The response of the District to comments received may take
-48-
the form of a revision of the draft EIR or may be an attach-
ment to the draft EIR. The response shall describe the dis-
position of significant environmental issues raised (e.g.
revisions to the proposed project to mitigate anticipated
impacts or objections). In particular, the major issues
raised when the District's position is at variance with
recommendatiqns 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.
15085(g) M. Adoption of Final EIR by Board; Board Approval or Dis-
approval of Project.
(1) Following preparation of the final EIR, it shall be pre-
sented to the Board at a regular, adjourned regular, or special
meeting. If the Board finds the final EIR to be in order,
it shall certify (a) that the final EIR has been completed
in compliance with CEQA and the State Guidelines, and (b) that
the Board so certifies, it may proceed in~ediately to consider
the proposed project for purposes of approval or disapproval.
Members of the public may appear before the Board and present
their view prior to the Board's determination to approve or
disapprove the project.
15088 (2) The District shall not approve or carry out a project
for which an EIR has been completed which identifies one or
more significant effects of the project unless the District
makes one or more of the following findings:
(a) changes or alterations have been required in, or
incorporated into, the project which mitigate or avoid
the significant environmental effects thereof as identi-
fied in the final EIR;
(b) such changes or alterations are within the responsi-
bility and jurisdiction of another public agency and not
the District. Such changes have been adopted by such
-49-
15035.5 Section 26. Notice of Exemption means a brief notice which
may be filed by the District when it has approved or deter-
mined to carry out a project, and it has determined that it
is ministerial, categorically exempt or an emergency project.
Such a notice may also be filed by an applicant where such
a determination has been made by the District, which must
approve the project. The contents of this notice are ex-
plained in Section 35A and B, infra. (See Exhibit "E")
15035.7 Section 26.5. Notice of PrepaFation means a brief notice
sent by a Lead Agency to notify the Responsible Agencies that
the Lead Agency plans to prepare an EIR for the project.
The purpose of the notice is to solicit guidance from the
Responsible Agencies as to the scope and content of the en-
vironmental information to be included in the EIR. A sample
form is included as Exhibit "H" of these Guidelines. Any
format which includes the essential information may be used.
15036 Section 27. 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 and political subdivisions
of such entities.
15037(a) Section 28. Project.
A. Project means the whole of an action which has a poten-
tial for resulting in a physical change in 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 supported
in whole or in part through contracts, grants, subsidies,
loans, or other forms of assistance from the District;
(3) an activity involving the issuance by the District
to a person_.of a lease, permit, license, certificate,
or other entitlement for use.
-10-
15037(b) B. Project d6es not include:
(1) anything specifically exempted by state law; (2)
proposals for legislation to be enacted by the State
Legislature other than requests by state agencies for
authorization or funding for projects independently from
the Budget Act; (3) continuing administrative or main-
tenance activities such as purchases for supplies,
personnel-related actions, emergency repairs to public
service facilities, general policy and procedure making,
(except as they are applied to specific instances covered
above), feasibility or planning studies; (4) the sub-
mittal of proposals to a vote of the people of the state
or of a particular community (including the District).
15037(c) C. The term "project" refers to the activity which is being
" approved and which may be subject to several discretionary
approvals by governmental agencieS. The term "project" does
not mean each separate governmental approval.
15039 Section 29. Responsible Agenc~ means a public agency which
proposes to carry out or approve a project for which a Lead
Agency has prepared the environmental documents. For the
purposes o°f CEQA, the term "responsible agency" includes all
public agencies other than the lead agency which have dis-
cretionary approval power over the project.
15040 Section 30. Significant Effect on the Environment means a
substantial, or potentially substantial, adverse change in
any of the physical conditions within the area affected by
the activity, including land, air, water, minerals, flora,
fauna, ambient noise, and objects of historic or aesthetic
significance.
Section 31. District's Staff means the District's Manager,
and/or his designee, and Engineer/Architect of the District.
-11-
ARTICLE IV - EMERGENCY PROJECTS
15025
15071 Section 32. The following emergency projects do not require
the preparation of a Negative Declaration or an EIR:
(a) Projects undertaken, carried out, or approved by the
District to maintain, repair, restore, demolish or replace
property or facilities damaged or destroyed as a result of
a disaster in a disaster-stricken area in which a state of
emergency has been proclaimed by the Governor pursuant to
Chapter 7 (commencing with 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) Specific actions necessary to prevent or mitigate an
emergency.
ARTICLE V - FEASIBILITY AND PLANNING STUDIES
15072 Section 33. Feasibility and Planning Studies of potential
projects undertaken by the District which the agency has
not approved, adopted or funded are specifically excepted
from the requirements of CEQA and thus are outside the scope
of this Resolution, although such studies may contain con-
siderations of environmental factors incident to the poten-
tial project.
ARTICLE VI.- EVALUATING PROJECTS'
15060 Section 34. Initial Review for CEQA Exemptions.,
15080
A. General Rule. The requirements set forth in these Guide-
lines apply to projects which may have a significant effect
on the environment and which involve discretionary govern-
mental action. Where it can be seen with certainty that
there is no possibility that the activity in question may
have a significant effect on the environment, the activity
-12-
is not covered by the requirements set forth in CEQA. How-
ever, these Guidelines should be consulted to determine the
procedures necessary to verify that conclusion.
B. 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) not a project as defined
in Section 28 supra, (2) ministerial, (3) an emergency proj-
ect 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 36, infra.
C. Staff Finding of No Exemption. If in the judgment of
the 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
37, infra. Any person proposing to undertake a project as
defined in Section 28A(2) or (3), supra (i.e. a private proj-
ect) may present his objection to the staff's determination'
to the Board at its next regular or special meeting.
15080(g) As soon as a Lead Agency has determined that a project is
not exempt and that an initial study will be required t0.
determine whether a Negative Declaration or an EIR is re-
quired, the Lead Agency shall consult with all Responsible'
Agencies as required by Section 38A.
D. 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 B, it shall
so determine and may record its findings on a form entitled
"Preliminary Environmental Assessment" (a copy of which is
attached hereto as Exhibit "A"). If exempted, no further
-13-
environmental assessment shall be necessary and the proposed
activity may be carried out in the manner routinely exercised
by the District. Failure of the District's staff to prepare
a Preliminary Environmental Assessment on a project that is
exempt shall not affect the District's right to carry out
the proposed activity.
E. Retention of'Preliminary Environmental Assessment;
i Availability for Inspection. The Preliminary Environmental
· 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 Dis-
trict office hours. Except as otherwise may be determined
by the Board, the date of completion and signing of the Pre-
liminary Environmental Assessment by the Manager shall be
deemed to constitute the date of approval of the activity.
15055 F. Non-Delegable Responsibilities.
(a) The Board may not delegate the following functions:
(1) Review and consideration of a final EIR or Nega-
tive Declaration prior to approving a project.
(2) The making of findings as required by Section
39M (2),(3) and (4).
(b) Where an advisory body such as a planning commission
is required to make a recon~endation on a project to
the Board, the advisory body shall also review and con-
sider the EIR or Negative Declaration.
15074(a) Section 35. Notice of Exemption.
A. When District staff determines that a project is exempt
from the requirements of CEQA because it is an emergency
project, a ministerial project or categorically exempt, and
the District Board agrees and approves or determines to carry
out the project, it may file a notice of exemption. Such
a notice shall include (1) a brief description of the project,
(2) a finding that the project is exempt, including a citation
-14-
to the State and Local Guidelines section under which it is
found to be exempt, and (3) a brief statement of reasons to
support the finding. (A form of such notice is attached
hereto as Exhibit "E") .
15074(b) B. Whenever the District approves an applicant's project,
it or the applicant may file a notice of exemption. The
notice of exemption filed by an applicant shall contain the
information required in Paragraph A above, together with a
certified document issued by the District stating that it
has found the project to be exempt. This may be a certified
copy of an existing document or record of the District.
15074(d) C. The notice of exemption shall be filed with the County
Clerk of the county or counties in which the project is lo-
cated. Copies of all such notices shall be available for
public inspection and a list of such notices shall be posted
on a weekly basis in the office of the County Clerk. Each
such list shall remain posted for a period of thirty (30)
days.
15075 Projects Which are Disapproved do not give rise to applica-
tions of CEQA.
15064 Section 36. Lead Agency.
15065
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 pri-
marily responsible for carrying it out or approving it.
Staff shall consider, among others, the following principles
in determining the Lead Agency:
(1) Where a project is to be carried out or approved by-
more than one public agency, only one public agency shall
be responsible for preparation of environmental documents,
-15-
and it will be the Lead Agency. Such environmental documents
will be prepared by the Lead Agency in consultation with all
Responsible Agencies. The Lead Agency's environmentEl docu-
ments shall be the environmental documentation for all Re-
sponsible Agencies. Except as provided in Section 46 of these
Guidelines, such Responsible Agencies shall consider the Lead
Agency's EIR or Negative Declaration prior to acting upon
or approving the projects, and they shall certify that their
decision-making bodies have reviewed and considered the in-
formation contained in them.
(2) If the project is to be carried out by a public agency,
the Lead Agency shall be the public agency which proposes
to carry out the project.
(3) If. the project is to be carried out by a nongovernmental
person, the Lead Agency shall be the public agency with the
greatest responsibility for supervising or approving the proj-
ect as a whole.
15065(a) (a) The Lead Agency will generally be the agency with
general governmental powers rather than an agency with
a single or limited purpose which is involved by reason
of the need to provide a public service or public utility
to the project; in such cases, the single or limited
purpose agency will, upOn.request, provide data concern-
ing all aspects of its activities required to furnish
service to the project to the agency drafting the EIR,
and no separate EIR will be required in regard to such
activities.
(b) Where a city has prezoned an area, the city will
be the appropriate Lead Agency for any subsequent annexa-
tion of the area and should prepare the required environ-
mental document at the time of the prezoning. The city
shall consult with the Local Agency Formation Commission,
-16-
and the EIR shall include the comments of the Local
Agency Formation Commission.
(4) Where more than one public agency equally meet the cri-
teria set forth in Subparagraph (3) above, the agency which
is to act first on the project in question shall be the Lead
Agency (following the principle that the environmental impact
should be assessed as early as possible in governmental
planning).
(5) Where the provisions of Subparagraphs (2), (3), and (4)
leave two or more public agencies with a substantial
claim to be the Lead Agency, the public agencies may by
agreement designate which agency will be the Lead Agency.
An agreement may also provide for cooperative efforts by
contract, joint exercise of powers, or similar devices.
(6) The determination of the Lead Agency of whether to pre-
pare an Environmental Impact Report or a Negative Declaration
shall be final and conclusive on all persons, including Re-
.sponsible Agencies, as provided by Section 21080.1 of the
Public Resources Code, unless:
(a) The decision is challenged as provided in Section
21167 of the Public Resources Code, or
(b) Circumstances change as provided in Section 42.
15054.2 B. Lead Agency CEQA Time Limits
(a) When the District is acting as a Lead Agency for a proj-
ect for which the District will grant a lease, license, permit,
certificate, or other entitlement for use, the District shall
complete and certify an EIR in not more than one year or com-
plete and adopt a Negative Declaration in not more than one
hundred five (105) days.
(1) Different time limits may be established for dif-
ferent types of projects subject to the 105 day and
year maximum time limits.
'(2) The time limits shall be measured from the date
on which an application requesting approval for the
project is received and accepted as complete by the
District.
(A) State agencies are required to adopt lists and
criteria by which to determine the completeness of
an application. (Government Code Section 65940 &
65941).
(B) Local agencies may adopt lists and criteria by
which to determine the completeness of applications.
Different lists and criteria may be developed for
different kinds of projects.
(3) The procedures may provide for a reasonable exten-
sion of the time periods under this subsection in the
event that compelling circumstances justify additional
time and the project applicant consents to the extension.
(4) The Lead Agency may waive the one year time period
or the 105 day period if all the following conditions
occur:
(A) The project will require both an EIR or a Nega-
tive Declaration under CEQA and an EIS or a Negative
Declaration under the National Environmental Policy
Act,
(B) Additional time will be required to prepare
a combined EIR-EIS, or a combined Negative Declara-
tion under both laws,
-18-
(C) The time required to prepare such a combined
document would be less than the time required to
prepare each document separately, and,
(D) The applicant has requested or consented to
the waiver.
(5) If the Lead Agency waives the time periods as pro-
vided in the subsection (4), the Lead Agency must ap-
prove or disapprove the project within 60 days after
the combined document under CEQA and NEPA has been com-
pleted. (Government Code Section 65951).
(b) Within 45 days after accepting an application as complete,
a Lead Agency, for a project involving the issuance of a lease,
permit, license, certificate, or other entitlement for use,
shall make an initial determination of whether the project
will need an EIR or Negative Declaration.
(c) A Lead Agency shall convene a meeting with one or more
Responsible Agencies to discuss the scope and content of a
proposed EIR as soon as possible' but not later than 30 days
after the meeting is requested as provided in this Section.
C. Staff Findin.g That District Is Agency With Primary Re-
sponsibility.
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 out-
lined in Section 37, infra. Any person proposing to undertake
a projeqt as defined in Section 28A(2) or (3), supra, (i.e.,
a private project) may present his objections to the staff's
determination to the Board at its next regular or special
meeting.
-19-
Do 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 afore-
mentioned Preliminary Environmental Assessment. Unless other-
wise required by the Board, no further environmental assessment
shall be necessary.
15064 Whenever a determination is made that another public agency
15065(b) 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 service to the project. The
District as a Responsible Agency shall certify its review and
consideration of the Negative Declaration or EIR prior to
acting on or approving a project.
15054.3 E. Responsible Agency CEQA Time Limits
As soon as possible after receiving a Notice of Preparation
and in no event more than 45 days after receiving the notice,
a Responsible Agency shall inform the Lead Agency of the scope
and content of the environmental information that the Respon-
sible Agency would need in the EIR.
15085.5 Process for a Responsible Agency
A. General
A Responsible Agency complies with CEQA by considering docu-
ments prepared by the Lead Agency and by reaching its own
conclusions on whether and how to approve the project involved.
This section identifies the special duties the district will
have when acting as a Responsible Agency.
B. Response to Consultation
A Responsible Agency shall respond to consultation by the
Lead Agency in order to assist the Lead Agency in preparing
adequate environmental documents for the project. By this
-20-
means, the Responsible Agency will ensure that the documents
it will use will comply with CEQA.
1. In response to consultation, a Responsible Agency
shall explain its reasons for recommending whether the
Lead Agency should prepare an EIR or Negative Declaration
for a project. Where the Responsible Agency disagrees
with the Lead Agency's proposal to prepare a Negative
Declaration for a project, the Responsible Agency should
identify the significant environmental effects which it
believes could result from the project and recommend
either that an EIR be prepared or. that the project be
modified to eliminate the significant effects.
2. As soon as possible, but not longer than 45 days
after receiving a Notice of Preparation from the Lead
Agency, the Responsible Agency shall send a written reply
by certified mail. The reply shall specify the scope
and content of the environmental information which would
be germane to the Responsible Agency's statutory respon-
sibilities in connection with the proposed project~ The
Lead Agency shall include this information in the EIR.
C. Meetings
The Responsible Agency shall designate employees or repre-
sentatives to attend meetings requested by the Lead Agency
to discuss the scope and content of the EIR.
D. Comments on Draft EIRS and Negative Declarations
A Responsible Agency should review and comment on draft EIRS
and Negative Declarations for projects which the Responsible
Agency would later be asked to approve. Comments should focus
on any shortcoming in the EIR, the appropriateness of using
a Negative Declaration, or on additional alternatives or miti-
gation measures which the EIR should include. The comments
may deal with any aspect of the project or its environmental
effects.
-21-
E. Decision on Adequacy of EIR or Negative Declaration
If a Responsible Agency believes that the final EIR or Nega-
tive Declaration prepared by the Lead Agency is not adequate
for use by the Responsible Agency, the Responsible Agency may
either:
1. Take the issue to court within 30 days after the
Lead Agency files a Notice of Determination,
2. Be deemed to have waived any objection to the ade-
quacy of the EIR or Negative Declaration, or
3. Prepare a subsequent EIR if permissible under Section
15067.
F. COnsider the.EIR or Negative Declaration
Prior to reaching a decision o~ the project, the Responsible
Agency must consider the environmental effects of the project
as shown in the EIR or Negative Declaration. A new or supple-
mental EIR can be prepared only as provided in Section 42.
G. Adoption of Alternatives or Mitigation Measures
When an EI'R has been prepared for a project, the Responsible
Agency shall not approve the project as proposed if it finds
any feasible alternative or feasible~mitigation measure within
its powers that would substantially lessen any significant
effect the p~oject would have on the environment. When con-
sidering alternatives and mitigation measures, a Responsible
Agency is more limited than a Lead Agency. In deciding whether
to carry out, finance, or approve a project, a Responsible
Agency has responsibility for mitigating or avoiding only the
environmental effects of those activities which are within
the scope of its statutory authorities.
H. Notice Of Determination
The Responsible Agency should file a Notice of Determination
-22-
in the same manner as a Lead Agency under Section 38F or 39N.
15065.5 The Office of Planning and Research will resolve disputes
among public agencies as to which is the Lead Agency.
15090 I. Limitations on Local Responsible Agencies
In applying the duty to mitigate or avoid significant effects
on the environment whenever it is feasible to do so, the scope
of concern of the District which is functioning as a Lead
Agency shall differ from that of the District which is func-
tioning as a Responsible Agency. The District functioning
as a Lead Agency shall consider the significan~ effects, both
individual and cumulative, of all activities involved in the
project. The District functioning as a Responsible Agency
shall have responsibility for considering only the significant
effects of those activities which it is required by law to
carry out or approve that are involved in a project for which
a Lead Agency has prepared an EIR.
15065.3 J. Shift in Lead Agency Responsibilities
A. Where a Responsible Agency is called on to grant an ap-
proval for a project subject to CEQA for which another public
agency was the appropriate Lead Agency, the Responsible Agency
shall begin to act as the Lead Agency when any of the follow-
ing conditions occur:
1. The Lead Agency did not prepare any environmental
documents for the project, and the statute of limitations
has expired for a challenge to the action of the approp-
riate Lead Agency.
2o The Lead Agency prepared environmental documents
for the project, but the following conditions occur:
a. A subsequent EIR is required pursuant to Section
42.
-23-
b. The Lead Agency has granted a final approval for
the project, and,
c.. The statute of limitations for challenging the
Lead Agency's action under CEQA has expired.
3. The Lead Agency prepared inadequate environmental
documents without consulting with the Responsible Agency
as required by Section 38 and the statute of limitations
has expired for a challenge to the action of the approp-
riate Lead Agency.
B. When a Responsible Agency assumes the duties of a Lead
Agency under this section, the time limits applicable to a
Lead Agency shall apply to the actions of the agency.
15202 K. Adequacy of An EIR or Negative Declaration For Use By
Responsible ~gencies
A final EIR prepared by a Lead Agency or a Negative Declara-
tion adopted by a Lead Agency shall be conclusively presumed
to comply with CEQA for purposes of use by Responsible Agencies
which were consulted pursuant to Section 15066 unless one of
the following conditions occurs:
1. A legal action or proceeding is filed challenging the
EIR within the period provided in P.R.C. Section 21167(c),
or
2. A'subsequent EIR is made necessary by Section 42 of
these Guidelines.
15203 Conditional Permits
A. If a lawsuit is filed challenging an EIR or Negative Dec-
laration for noncompliance with CEQA, Responsible Agencies shall
act as if the EIR or Negative ~eclaration complies with CEQA
and continue to process the application for the project
-24-
according to the time limits for Responsible Agency action
contained in Government Code Section 65952. In this situa-
tion, the Responsible Agency shall have authority only to
grant a conditional approvalor disapproval of the project.
A conditional approval shall constitute approval or disapproval
of the project. A conditional approval shall constitute per-
mission to proceed with a project only when the court action
results in a final determination that the EIR or Negative
Declaration does comply with the provisions of CEQA. (P.R.C.
21167.3)
B. This section shall not require a Responsible Agency to
process an application for a project where that Responsible
Agency' has filed a lawsuit challenging the legal adequacy of
the environmental documents prepared by or for the Lead Agency.
15080 Section 37. Initial Study Procedures
A. Undertaking of Initial Study; By Whom, Submission of Data;
Costs
Upon a determination that a project is discretionary and is
not otherwise exempt, and that the District is the-Lead Agency,
it shall conduct an Initial Study to determine if the proposed
project may have a significant effect on the environment, un-
less the District can determine that a project will clearly
have a significant effect.
If any aspects of the project, either individually or cumula-
tively, may cause a significant effect on the environment,
regardless of whether the overall effect of the project is
adverse or beneficial, then an EIR must be prepared. All
phases of project planning, implementation, and operation must
be considered in the initial Study of the project. To meet
the requirements of this section, the Lead Agency may use an
Initial Study prepared pursuant to the National Environmental
Policy Act.
-25-
The purposes of an Initial Study are to:
1. identify environmental impacts;
2. enable an applicant or Lead Agency to modify a proj-
ect, mitigating adverseimpacts before an EIR is written;
3. focus an EIR, if one is required, on potentially
significant environmental effects;
4. facilitate environmental assessment early in the
design of a project;
5. provide documentation of a factual basis for the ~
finding in a Negative Declaration that a project will
not have a significant effect on the environment;
6. eliminate unnecessary EIR's.
An Initial Study shall contain the following:
(1) a description of the project; (2) an identification of
the environmental setting; (3) an identification of environ-
mental effects by use of a checklist, matrix, or other method;
(4) a discussion of ways to mitigate the significant effects
identified, if any; (5) an examination of whether the project
is compatible with existing zoning and plans; and (6) the name
of the person or persons who prepared or participated in the
Initial Study.
15080(d) Theinitial study shall be used to provide a written deter-
mination of whether a Negative Declaration or an EIR shall
be prepared for the project.
Where a project is revised in response to an Initial Study
so that potential adverse effects are mitigated to a point
where no significant environmental effects would occur, a
Negative Declaration shall be prepared instead of an EIR.
If the project would still result in one or more significant
effects on the environment after mitigation measures are added
to the project, an EIR shall be prepared.
15080(d)(3) The EIR may omit further examination of those impacts found
-26-
tO be clearly insignificant in the Initial Study.
As to projects defined in Article III, Section 28A(1), supra,
of this Resolution, the Initial Study shall be undertaken
by the District's staff or by private experts pursuant to
contract with the District.
As to projects defined in Article III, Section 28A(2) and
28A(3), supra, the person or entity proposing to carry out
the project shall submit all data and information as may be
required by the District to prepare the Initial Study. Such
data and information shall consider all factors enumerated
in paragraph B, infra and specify which other public agencies
will have jurisdiction by law over the project. 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.
15081 B. Evaluating Environmental Significance
In determining whether a project may have a significant effect
on the environment, the District shall consider both primary
and secondary consequences. A project will normally have a
significant effect on the environment if it will:
(1) conflict with adopted environmental plans and goals of
the community where it is located;
(2) have a substantial, demonstrable negative aesthetic effect;
(3) substantially affect a ra~e or endangered species of
animal or plant or the habitat of the species;
(4) interfere substantially with the movement of any resident
or migratory fish or wildlife species;
(5) breach published national, state, or local standards
relating to Solid waste or litter control;
(6) substantially degrade water quality;
-27-
(7) contaminate a public water supply:
(8) substantially degrade or deplete groundwater resources;
(9) interfere substantially with groundwater recharge;
(10) disrupt or alter an archaeological site over 200 years
old, an historic site or a paleontological site except as
part of a scientific study of the site;
(11) induce substantial growth or concentration of population;
(12) cause an increase. in traffic which is substantial in
relation to the existing traffic load and capacity of the
street system;
(13) displace a large number of people;
(14) encourage activities which result in the use of large
amounts of water, or energey;
(15) use fuel, water, or energy in a wasteful manner;
(16) increase substantially the ambient noise levels f6r ad-
joining areas;
(17) cause substantial flooding, erosion, or siltation;
(18) expose people or structures to major geologic hazards;
(19) extend a sewer trunk line with capacity to serve
new development;
(20) substantially diminish habitat for fish, wildlife or
plants;
(21) disrupt or divide the physical arrangement of an estab-
lished community;
(22) create a public health hazard or a potential public
health hazard;
(23) conflict with established recreational, educational,
religious or scientific uses of the area;
(24) violate any ambient air quality standard, contribute
substantially to an existing or projected air quality viola-
tion, or expose sensitive receptors to substantial pollutant
concentrations.
15082 C. Mandatory Findings of Significance
A project shall be found to have a significant effect on the
environment if:
(1) the project has the potential to degrade the quality
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self-sustaining'levels, threaten to eliminate
a plant or animal community, reduce the number or restrict
the range of arare or endangered plant or animal or eliminate
important examples of the major periods of California history
or prehistory;
(2) the project has the potential to achieve short-term en~
vironmental goals to the disadvantage of long-term environ-
mental goals;
(3) the project has possible environmental effects which
are individually limited but cumulatively considerable. As
used in this subsection, "cumulatively considerable" means
that the incrementa'i effects of an individual project are
considerable when viewed in connection with the effects of
past projects, the effects of other current projects, and
the effects of probable future projects;
(4) the environmental effects of a project will cause sub-
stantial adverse effects on human beings, either directly
or indirectly.
15084 D. Staff Recommendation; Board Action
Staff shall submit its recommendation as to whether a proposed
project may or may not have a significant effect on the en-
vironment 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, adjourned 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 38, infra. If, on the other hand, the Board
-29-