Resolution No. 1954 RESOLUTION NO. 1954
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
AUTHORIZING THE EXECUTION OF DAVIS - GRUNSKY
ACT GRANT REQUEST FOR DISBURSEMENT OF FUNDS
BE IT ENACTED, by the Board of Directors of the South Tahoe Public
Utility District, County of El Dorado, State of California, as follows:
THAT, the President of Said Board of Directors is hereby authorized
to execute Davis - Grunsky Grant Request for Disbursement of Funds for Water
and Sanitary Facilities Grant, and Dam and Reservoir Grant, all pursuant to
Davis - Grunsky Act Grant Contract No. D-GGR27, with Amendment between
State of California and South Tahoe Public Utility District.
Donald H. Korte s , President
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ATTEST:
David W. Callahan, Clerk and Ex- officio
Secretary of the Board
SOUTH TAHOE PUBLIC UTILITY DISTRICT
L
I hereby certify that the foregoing is a full, true and correct
copy of Resolution No. 1954 duly and regularly adopted by the Board
of Directors of the South Tahoe Public Utility District, El Dorado County,
California , at a meeting thereof duly held on the 1st day of May, 1975,
by the following vote:
AYES, and in favor thereof, Directors: Wakeman
Kortes
ii��, r Fesler
r Hegarty
NOES, Directors: None
ABSENT, Directors: Ream
L�-
David W. Callahan, Clerk and Ex- officio
Secretary of the Board
SOUTH TAHOE PUBLIC UTILITY DISTRICT
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SUMMARY OF MAJOR REVISIONS OF
DISTRICT LOCAL ENVIRONMENTAL GUIDELINES
1. A definition of "jurisdiction by law" is added (Section
2.14), and lead agencies are now required to obtain comments
from agencies having jurisdiction by law on negative declarations
(Section 6.4) as well as on draft EIRs (Section 7.5A[1]).
2. A requirement that lead agencies consult with responsible
agencies prior to completion of negative declarations (Section 6.2),
and draft EIRs (Section 7.1) is included.
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3. EIRs are now required to include within the topic "mit-
igation measures" a discussion of the project's energy consumption
and proposals included within the project's plan to minimize
energy consumption (Section 7.2C[3] and Exhibit "F ").
4. Sections have been added delineating the "no project"
exemption (Section 3.1), the lead agency relationship on local
projects requiring State (Section 4.2) or Federal (Section 4.3)
approval or financial assistance, and the proper treatment of
phased projects (Section 8.3).
5. A pre- existing section of the State Guidelines has been
now inserted in the Local Guidelines (Section 5.2C) which requires
that where there is anticipated to be a substantial body of
opinion which considers the effect of a proposed project to be
substantially adverse, an EIR rather than a negative declaration
should be prepared.
6. Notices of determination are now required to be filed
with the Secretary for Resources as well as the County Clerk
where the project requires discretionary approval from a state
agency (Sections 6.6 and Section 7.10) and the form of notice
of determination has been modified (Exhibit "E ").
7. The topics required to be discussed in EIRs are now
specifically required to be set forth in separate sections
(Section 7.2C).
8. The requirement for filing of a notice of intent has
been deleted and in lieu thereof, the "cover form required by
the State Clearinghouse" is required to be filed upon completion
of a draft EIR necessitating state agency comments (Section 7.4).
9. Draft EIRs now must be filed in local public libraries
to facilitate public comment (Section 7.5A[31).
10. Final EIRs are required to be included in project
reports where such reports are prepared for any project (Section 7.8B).
11. The form of notice of exemption (Exhibit B) has been
modified to conform to modifications of the State Guidelines
and the forms of preliminary environmental assessment (Exhibit A),
environmental impact assessment (Exhibit C), and negative
declaration (Exhibit D) have been modified to conform to modi-
fications of the Local Guidelines.
STUDY GUIDE
LOCAL GUIDELINES IMPLEMENTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970,
AS AMENDED
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ARTICLE I - GENERAL
Section [1.] 1.1. Purposes. These Guidelines implement
the purposes and provisions of the California Environmental
Quality Act of 1970 as amended, Public Resources Code Sections
21000 et seq. (hereinafter referred to as "CEQA ") and the Guide-
lines for Implementation of the CEQA of 1970 which have been
adopted by the California Secretary For Resources [Agency]
(hereinafter referred to as "State EIR Guidelines "). The enhance-
ment and long -term protection of the environment and the encour-
agement of public participation in achieving these goals are
objectives of this measure.
Section [2.] 1.2. Objectives. From time to time and under
circumstances as outlined by these Guidelines, [a document known
as an environmental impact report (hereinafter referred to as an
EIR)] environmental documents must be prepared as a prerequisite
to approval of a project. The function of [an EIR] such documents
is to inform the [Governing] Board and the public of the environ-
mental effects of proposed projects. The intent of the environ-
mental review process is to enable the District to evaluate
projects to determine whether they may have a significant effect
on the environment, to examine and institute methods to reduce
adverse impacts and to consider alternatives to projects as
proposed. The environmental effects set forth in [the report]
environmental documents are to be evaluated by the [Governing]
Board before a project is approved. The Board retains [existing]
authority to balance environmental objectives with economic,
social, and other relevant objectives of the proposed project.
[ARTICLE II - APPLICABILITY]
[Section 3. Scope of Applicability. These Guidelines apply
to all projects which may have a significant effect on the environ-
ment involving discretionary decision - making on the part of the
District, and which do not fall within any class of categorical
exemptions set forth in Article 8 of the State Guidelines and in
Article VII hereof, are not emergency projects within the meaning
of Article IV hereof, and which do not constitute feasibility or
planning projects as described in Article V hereof.]
[Section 4. Ministerial Projects.
A. These Guidelines do not apply to ministerial projects
approved by the District. Generally speaking, a ministerial pro-
ject is one requiring approval by the District as a matter of
law or one involving minimal independent exercise of judgment
by the District as to its wisdom or propriety. Examples of such
projects include, but are not limited to, individual utility
service connections and disconnections, agreements to install in-
tract utility facilities to subdivisions, development of which
has been approved by other appropriate governmental agencies,
and utility service connections and disconnections 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.]
ARTICLE [III] II - DEFINITIONS
Whenever the following terms are used in these Guidelines,
they shall have the following meaning unless otherwise expressly
defined:
Section [5.] 2.1. 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 determination
to proceed with a project, which in no event shall be later than
the date of adoption of plans and specifications. As respects
private projects defined in [Section 25A (2) and (3),] paragraphs
(2) and (3) of Section 2.21A approval shall be deemed to occur
upon the earliest commitment to issue or the issuance by the
District of a discretionary contract, grant, subsidy, loan, or
other form of financial assistance, lease, permit, license,
certificate, or other entitlement for use of the project. The
mere acquisition of land by the District, on the other hand,
shall not in and of itself be deemed to constitute approval of
a project.
For purpose of these Guidelines, [all] the environmental
[assessments] process must be completed as of the time of project
approval.
Section [6.] 2.2. Board means the Governing Board of this
District.
Section [7.] 2.3. 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.]
Section 3.5.
Section [8.] 2.4. Discretionary Project means a project
approval of which requires the exercise of independent judgment,
deliberation or decision - making on the part of the District.
Section [9.] 2.5. District means this District.
Section [10.] 2.6. District's Staff means the Engineer -
Manager and /or his designee, and any other person or persons
designated by the Board.
Section [11.] 2.7. Emergency means a sudden, unexpected
occurrence demanding immediate action to prevent or mitigate loss
or damage to life, health, property, or essential public services.
Section [12.] 2.8. Environment means the physical conditions
which exist in the area which will be affected by a proposed
project including land, air, water, minerals, flora, fauna,
ambient noise, objects of historic or aesthetic significance.
Section [13.] 2.9. Environmental Documents means [D] draft
and [F] final EIRs, [I] initial [S] studies, Negative Declarations,
Notices of Completion and Notices of Determination.
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Section [14.] 2.10. EIR means a detailed statement setting
forth the matters specified in Section 21100 of the Public
Resources Code as more particularly described hereinafter in
Section [33.] 7.1.
Section [15.] 2.11. EIS - Environmental Impact Statement
means an EIR prepared pursuant to the National Environmental
Policy Act (NEPA).
Section [16.] 2.12. Feasible means capable of being
accomplished in a successful manner by reasonably available,
economic, and workable means.
[Section 17. State Guidelines means the Guidelines for
Implementation of the CEQA of 1970 adopted by the California
Resources Agency as they now exist or hereafter may be amended.]
Section [18.] 2.13. Initial Study means a preliminary
analysis prepared by the District pursuant to Section [31] 5.1
to determine whether an EIR or a Negative Declaration must be
prepared for a project.
k tor Section 2.14. Jurisdiction by Law.
A. Jurisdiction by law means the authority of any public
agency to:
(1) Grant a permit or provide funding for the project
in question, or
(2) Exercise authority over resources which may be
affected by the project in question.
B. In addition to other public agencies having juris-
diction by law over District projects, the following cities and
counties have jurisdiction by law over District projects:
(1) The city or county in which the project site
is located.
(2) The city and /or county in which the major environ-
mental effects of the project will occur.
(3) The city and /or county in which reside those
citizens most directly concerned with the major environ-
mental effects of the project.
410, C. Where an agency having jurisdiction by law must
exercise discretionary authority over a project in order for
the project to proceed, such agency is also a responsible agency
or the lead agency with respect to the project.
Section [19.] 2.15. Lead Agency means the public agency
which has the principal responsibility for preparing environmental
documents and for carrying out or approving a project which may
have a significant effect on the environment. [Responsible Agency
means a public agency which proposes to undertaken or approve a
project, but is not the lead agency for the project. It includes
all public agencies other than the lead agency which have approval
power over the project.]
Section [20.] 2.16. Negative Declaration means a statement
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by the lead agency briefly presenting the reasons that the
project, although not otherwise exempt, [would] will not have a
significant effect on the environment and therefore does not
require an EIR.
Section [21.] 2.17. Notice of Completion means a brief
[report] notice filed with the Secretary for Resources by the
District as soon as [the District] it has completed a draft EIR
and is prepared to send out copies for review.
Section [22.] 2.18. Notice of Determination means a
brief notice filed with the County Clerk [upon] after District
approval of, or determination to carry out, a project for which
a Negative Declaration or a [F] final [Environmental Impact
Report] EIR has been approved by the District.
Section [22.5.] 2.19. Notice of Exemption means a brief
notice filed with the County Clerk upon District approval of,
or determination to carry out, a ministerial, categorically
exempt or emergency project.
[Section 23. Notice of Intent means a brief report
prepared in lieu of a Notice of Completion and filed with the
State Clearinghouse in lieu of the Secretary for Resources as
soon as the District has completed a draft EIR and is prepared
to send out copies for review.]
Section [24.] 2.20. Person includes any person, firm,
association, organization, partnership, business, trust, cor-
poration, company, district, county, city and county, city,
town, the State, and any of the agencies' political subdivisions.
Section [25.] 2.21. Project
A. Project means the whole of an action, [resulting in]
which has a potential for physical impact on the environment,
directly or ultimately, that is any of the following:
(1) an activity directly undertaken by the district;
(2) an activity undertaken by a person which is
supported in whole or in part through contracts, grants, subsi-
dies, loans, or other forms of assistance from the District; or
(3) an activity involving the issuance by the District
to a person of a lease, permit, license, certificate, or other
entitlement for use.
B. Project does not include:
(1) anything specifically exempted by state law;
(2) proposals for legislation to be enacted by the
State Legislature;
(3) continuing administrative or maintenance activi-
ties, such as purchases for supplies, personnel- related actions,
general policy and procedure making, e.g. setting of rates
(except as they are applied to specific instances covered above),
feasibility or planning studies; or
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(4) the submittal of proposals to a vote of the
people of the state or of a particular community, [i.e.] e.g.,
of the district [.] or of a zone or area within the District.
C. The word "project" refers to the underlying activity
and not to the District's approval process.
Section [25.5.] 2.22. Responsible Agency means a public
agency which proposes to undertake or approve a project, but is
not the lead agency for the project. It includes all public
agencies other than the lead agency which have approval power
over the project.
Section [26.] 2.23. Significant Effect means a substan-
tial adverse impact on the environment.
ARTICLE III - EXEMPT ACTIVITIES
Section 3.1. "No Project" Exemption. Activities which
do not fall within the definition of project as set forth in
Section 2.21 [of these Guidelines] and activities for which it
can be seen with a certainty that there is no possibility that
the activity in question may have a significant effect on the
environment do not require the preparation of a Negative Decla-
ration or an EIR and thus, are outside of the primary scope
of these Guidelines.
[ARTICLE V - FEASIBILITY AND
PLANNING STUDIES]
Section [28.] 3.2. Feasibility and Planning Studies.
Feasibility and planning studies of potential projects under-
taken by the District are specifically excepted from the require-
ments of CEQA and thus are outside the scope of these Guidelines,
although such studies may contain considerations of environmental
factors incident to the potential project.
[ARTICLE IV - EMERGENCY PROJECTS]
Section [27.] 3.3. Emergency Projects. The following
emergency projects do not require the preparation of a negative
declaration or an EIR and, thus, are outside the primary scope of
These Guidelines:
[(a)] A. Projects undertaken, carried out, or approved by
[a public agency] the District to maintain, repair, restore, demo-
lish 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)] B. Emergency repairs to any of the District's facili-
ties necessary to maintain service.
[(c)] C. Projects undertaken as immediate action necessary
to prevent or mitigate an emergency.
Section 3.4. Ministerial Projects.
A. Ministerial projects do not require the preparation of
a Negative Declaration or an EIR and, thus, are outside the primary
scope of these Guidelines. Ministerial projects include activities
which are undertaken or approved by a decision which a District
officer or the District Board makes upon a given state of facts in a
prescribed manner in obedience to the mandate of legal authority.
With these projects, the officer or Board must act upon the given
ihy
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tlior
facts without regard to his, her or its own judgment or opinion
concerning the propriety or wisdom of the act although the
statute, ordinance or regulation may require, in some degree, a
construction of its language by the officer or Board.
B. ministerial projects include, hut are not limited to,
the following:
(1) Individual utility service connections and dis-
connections.
(2) Agreements to install in -tract utility facilities
to subdivisions, development of which has been approved by other
appropriate governmental entities.
[ARTICLE VII - CATEGORICAL EXEMPTIONS]
Section [34. The] 3.5. Categorical Exemptions. Subject
to the qualification set forth in subsection K, the following
classes of projects, in accordance with and pursuant to Arti-
cle 8 of the State Guidelines, have been determined not to have
a significant effect on the environment, and therefore are de-
clared to be categorically exempt from the requirement of pre -
paring a negative declaration or an EIR. The categorical
exemptions listed herein are not intended to be, and are not to
be construed to be a limitation on the categorical exemptions
set forth in Article 8 of the State Guideline[.] nor are they to
be construed as a finding that the activity listed is discre-
tionary, as opposed to ministerial, in nature.
A. Class I: Existing Facilities. Class I consists of
the operation, repair, maintenance or minor alteration of all
existing District facilities, structures, equipment or other
property of every kind which activity involves negligible or no
expansion of use beyond that previously existing, including but
not limited to:
(1) street improvements and conveyance facilities,
including pipelines, conduits and service faci-
lities;
(2) service connection facilities, including all
appurtenances;
(3) public safety facilities;
(4) storage reservoirs, ponds, disposal areas;
(5) pump stations;
(6) buildings and structures; and
(7) treatment plants and waste disposal facilities.
B. Class II: Replacement or Reconstruction. Class II
consists of replacement or reconstruction of any District facili-
ties, structures or other property where the new facility or struc-
ture will be located on the same site as the replaced or recon-
structed facility or structure and will have substantially
the same purpose and capacity as the replaced or reconstructed
facility or structure, including but not limited to:
(1) street improvements and conveyance facilities,
including pipelines, conduits and service faci-
lities;
(2) service connection facilities, including all
appurtenances;
(3) public safety facilities;
(4) storage reservoirs, ponds, disposal areas;
(5) pump stations;
(6) buildings and structures; and
(7) treatment plants and waste disposal facili-
thy ties.
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C. Class III: New Construction of Small Structures.
Class III consists of construction of new small facilities or
structures and installation of small new equipment or facilities,
including but not limited to service extensions and appurtenances
and auxiliary facilities required to serve newly constructed
small structures as follows:
(1) single family residences not in conjunction
with the building of two or more such units;
(2) motels, apartments and 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 conjunction with the building of
two or more such structures;
(4) accessory (appurtenant) structures including
garages, carports, patios, swimming pools and
fences.
D. Class IV: Minor Alterations to Land. Class IV con-
sists of minor alterations in the condition of 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, inconspicuous structures, improvements
and facilities;
(2) minor cutting or mowing of grass, weeds and
brush for fire protection and aesthetic reasons;
(3) grading on land with a slope of less than 10
percent except where it is to be located in a
waterway, in any wetland, in an officially
designated (by Federal, State or local govern-
mental action) scenic area, or in officially
mapped areas of severe geologic hazard;
(4) new gardening or landscaping;
(5) filling of earth into previously excavated land
with material compatible with the natural
features of the site;
(6) minor alterations in land, water and vegetation
on existing officially designated wildlife
management areas of fish production facilities
which result in improvement of habitat for fish
and wildlife resources or greater fish production;
(7) minor temporary uses having negligible or no
permanent effects on the environment;
(8) minor trenching and backfilling where the surface
is restored.
ihe E. Class V: Information Collection. Class V consists of
basic data collection, research, experimental management and
resource evaluation activities which do not result in a serious
or major disturbance to an environmental resource. These activi-
ties may be undertaken strictly for information gathering purposes
or as part of a study leading toward the undertaking of a project.
F. Class VI: Actions for Protection of Natural Resources.
Class VI consists of actions taken by the District as authorized
by state law or local ordinance to assure the maintenance,
restoration or enhancement of a natural resource where the regula-
tory process involves procedures for the protection of the
environment. Construction activities are not included in this
exemption.
G. Class VII: Actions for Protection of the Environment.
Class VII consists of actions taken by the District as authorized
7
by state law or local ordinance to assure the maintenance, resto-
ration or enhancement of the environment where the regulatory
process involves procedures for the protection of the environment.
Construction activities are not included in this exemption.
H. Class VIII: Inspection. Class VIII consists of
inspection activities, including but not limited to i.nquiri_e
into the performance of an operation and examinations of the
quality, health or safety of a project.
I. Class IX: Accessory Structures. Class IX consists
of the construction or placement of minor structures accessory
to or appurtenant to existing commercial, industrial or institu-
tional facilities, including small parking lots.
J. Class X: Surplus Property. Class X consists of sales
of surplus District personal or real property, except land located
in an area of statewide interest or potential area of critical
concern as identified in the Governor's Environmental Goals and
Policy Report [of June 1, 1973.] prepared pursuant to Government
Code Sections 65041 et seq.
K. Exceptions. The above categorical exemptions are
inapplicable when the cumulative impact of successive projects
of the same type in the same place over time is significant. In
addition, Classes III through V and Class IX do not apply where
the project may impact on an environmental resource of hazardous
or critical concern where such resource has been designated,
precisely mapped and officially adopted pursuant to law by federal,
state or local agencies.
[ARTICLE VI - EVALUATING PROJECTS]
Section [29.] 3.6. Initial Review for CEQA Exemptions.
A. Preliminary Review. At the outset a proposed activity
shall be examined by the District's staff for the purpose of
determining whether it is [(1) a project as defined in Section 25
supra, (2) ministerial, (3) an emergency project as described in
Article IV, supra, (4) a feasibility and planning study as des-
cribed in Article V, supra, (5) a categorical exemption as described
in Article VII, infra, or (6)] an exempt activity described in this
Article or whether it involves another agency which constitutes
the lead agency primarily responsible for the carrying out of the
project as described in [Section 30, infra.] Article IV.
B. Staff Finding of No Exemption. If in the judgment of
District's staff the proposed activity does not fall within one
of the [foregoing] categories [,] described in subsection A it
shall proceed with the project evaluation process as outlined in
[Section 30.] Article V. Any person proposing to undertake [a
project as defined in Section 25A. (2) or A.(3) (i.e. a private
project)] an activity may present his objection to the staff's
determination to the Board at its next regular or special meeting.
C. Staff Finding of Exemption. If in the judgment of the
District's staff, a proposed activity does fall within one of the
categories enumerated in subsection A, it shall so find on a form
entitled Preliminary Environmental Assessment [(] a copy of which
is attached hereto as Exhibit "A" [)].
D. Retention of Preliminary Environmental Assessment;
Availability for Inspection. The Preliminary Environmental Assess-
ment shall be retained at the District's office as part of its
usual record - keeping process [,] and [it] shall be made available
kime 8
for public inspection during all regular District office hours.
Except as otherwise may be determined by the Board, the date of
completion and signing of the Preliminary Environmental Assess-
ment by the [Manager or other authorized person] District's staff
shall be deemed to constitute the date of approval of the exempt
activity.
Section 3.7. Notice of Exemption.
[E.] A. Preparation. [of Notice of Exemption.] Upon com-
pletion and signing of a Preliminary Environmental Assessment for
a ministerial, categorically exempt or emergency project, the
District's staff or the project's applicant may prepare a Notice
of Exemption on a form attached hereto as Exhibit [ "G "] "B" which
Notice shall contain the following:
(1) a brief description of the project;
(2) a finding that the project is exempt, including
a citation to the State Guidelines section under
which it is found to be exempt; and
(3) a brief statement of reasons to support the
findings.
In the event that the Notice of Exemption is prepared and
filed by a project applicant rather than the District's staff,
such Notice shall have attached to it a certified copy of the
Preliminary Environmental Assessment prepared by the District's
staff or other certified document or record of the District stating
that the District has found the project to be exempt.
[F.] B. Place of Filing. [of Notice of Exemption.] Upon
completion of the Notice of Exemption it shall be filed with the
county clerk of the county or counties in which the project is
located and in the Districthoffice where it shall be available
for public inspection.
ARTICLE IV - LEAD AGENCY DETERMINATION
[Section 30. Lead Agency.]
[A.] Section 4.1. 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 the District's staff as to whether
the District or another public agency is [primarily responsible
for carrying it out or approving it. Staff] responsible for
preparation of environmental documents for the project and is,
therefore, the lead agency. The District's staff shall consider,
thr among others, the following factors relating to the lead agency
principle:
[(1)] A. 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.
[(2)] B. 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 project as a whole.
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
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or public utility to the project, such as the
District; in such cases, the District will,
upon request, provide data concerning 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. Under this
principle whenever any property to be served
by the District required a change in zoning,
conditional use permit, variance, subdivision or
tract approval or other land use permits or
entitlements, the governmental agency responsible
therefor shall be the lead agency.
[(3)] C. Where more than one public agency equally meet
the criteria set forth in [paragraph 2 above,]
subsection B the agency which is to act first
on the project in question shall be the lead
agency (following the principle that the environ-
mental impact should be assessed as early as
possible in governmental planning).
[(4)] D. Where the provisions of [paragraphs (1) through
(3)] subsections A through C leave the District
and [another agency] one or more other agencies
with an equal claim to be the lead agency, the
District may, by agreement, with such other
agency or agencies, designate which agency will
be the lead agency.
Section 4.2. State Assisted or Approved Projects. Where
a project is to be undertaken by the District but requires state
approval or financial assistance, the state agency involved
ordinarily will require the District to prepare the environmental
documents and to submit such documents with the request for approval
of the proposed project. If the District thereby, or through its
own initiative, becomes responsible for preparing such documents,
the District is the lead agency for the project, and the procedures
set forth in these Guidelines relating to project evaluation and
preparation of environmental documents, including the filing of
a notice of determination for the proposed project, are applicable.
Section 4.3. Federall Assisted or A..roved Projects.
Where a project is to be undertaken by the District but requires
Federal approval or financial assistance, the Federal agency
involved ordinarily will undertake an environmental evaluation
of the project and: may or may not request District preparation of
environmental documents. Since the Federal agency documents are
k ir in satisfaction of NEPA requirements, the District remains obli-
gated under CEQA to prepare environmental documents for the project
and is therefore the lead agency for the project. The District
may, however, adopt all or any part of the Federal agency environ-
mental documents in preparing District environmental documents,
provided that the final environmental documents of the District
comply with these Guidelines in particular that District EIRs
contain discussions of growth- inducing impacts and mitigation
measures as described in paragraphs (3) and (7) of Section 7.2(c)
and provided that the District satisfies procedures required by
these Guidelines, including the filing of a notice of determination
for the proposed project.
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[B.] Section 4.4. Staff Finding that District is Lead
Agency. [with Primary Responsibility.] If, in the judgment of
the District's staff, the project does not involve another public
agency which is the lead agency, it shall proceed with the project
evaluation process as outlined in [Section 31,] Article V
provided, however, that where other public agencies will have
auhtority for approving or carrying out the project, the District's
staff shall consult with such other agencies in the preparation of
all environmental documents for the project. Any person proposing
to undertake a project as defined in [Section 25 A.(2) or A.(3)]
paragraphs (2) or (3) of Section 2.21A (i.e. a private project)
may present his objections to the staff's determination to the
Board at its next regular or special meeting.
[C.] Section 4.5. 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 otherwise required by the Board, no further environ-
mental assessment shall be necessary.
Whenever.a determination is made that another public
agency constitutes the lead agency for undertaking or approving
a project, the [District] District's staff shall, [provide
data] upon written request of the lead agency, provide data
concerning all aspects of the District's activities required to
furnish service to the project [.] and shall provide written
comments upon environmental documents submitted by the lead
agency to the District for review. In addition, prior to approving
the project, the Board shall consider the lead agency's EIR or
negative declaration on the project and shall certify that it has
reviewed and considered the information contained in such documents.
The Office of Planning and Research will resolve disputes
among public agencies as to which is the lead agency.
ARTICLE V - INITIAL STUDY PROCEDURES
[Section 31. Initial Study Procedures.]
[A.] Section 5.1 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 agency with primary responsibility for approval of the
project, an initial study shall be undertaken for the purpose of
ascertaining whether the proposed project may have a significant
effect on the environment, that is, a substantial adverse effect
lbw on the environment.
[(1)] A. As to projects defined in [Article III,
Section 25 A.(1)] paragraph (1) of Section 2.21A [of these Guide-
lines,] the initial study shall be undertaken by the District's
staff or by private experts pursuant to contract with the District.
[(2)] B. As to projects defined in [Article III,
Section 25 A.(2) and 25 A.(3),] paragraphs (2) or (3) of Section
2.21A, the person or entity proposing to carry out the project
shall submit all data and information as may be required by the
District to determine whether the proposed project may have a
significant effect on the environment. Such data ana information
11
shall consider all factors enumerated in [subparagraph B infra.]
Section 5.2. 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 infor-
mation for the purpose of determining whether the proposed project
might have a significant effect on the environment shall be borne
by the person or entity proposing to carry out the project.
[B.] Section 5.2. Evaluating Environmental Significance.
A. In determining whether a project may have a significant
effect on the environment, the District shall base its determina-
tion, to the extent possible, on scientific and factual data and
shall consider both primary or direct and secondary or indirect
consequences.
B. Some examples of consequences which may have a signif-
icant effect on the environment are whether the project:
(1) is in conflict with environmental plans and
goals that have been adopted by the community
where the project is to be located;
(2) has a substantial and demonstrable negative
aesthetic effect;
(3) substantially affects a rare or endangered
species of animal or plant, or habitat of such
a species;
(4) causes substantial interference with the move-
ment of any resident or migratory fish or wild-
life species;
(5) breaches any published national, state, or local
standards relating to solid waste or litter
control;
(6) results in a substantial detrimental effect on
air or water quality, or on ambient noise levels
for adjoining areas;
(7) involves the possibilityof contaminating a public
water supply system or adversely affecting ground
water;
(8) could cause substantial flooding, erosion or
siltation;
(9) could expose people or structures to major geo-
logic hazards;
(10) is likely to generate growth;
C. In most instances, affirmative findings as to any of
the foregoing, regardless of whether the overall effect of the
project is adverse or beneficial, will require preparation of an
EIR. In addition, where there is, or is anticipated to be, a
substantial body of opinion that considers or will consider a
particular effect to be adverse, an EIR should be prepared.
12
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[C.] Section 5.3. Mandatory Findings of Significance.
In every case where any of the following conditions are found to
exist as a result of a project, the project shall be found to have
a significant effect on the environment:
[(1)] A. Impacts which have the potential to degrade
the quality of the environment or curtail the range of the
environment.
[(2)] B. Impacts which achieve short -term, to the
disadvantage of long -term, environmental goals. A short -term
impact on the environment is one which occurs in a relatively
brief, definitive period of time while long -term impacts will
endure well into the future.
[(3)] C. Impacts for a project which are individually
limited, but cumulatively considerable. A project may affect two
or more separate resources where the impact on each resource is
relatively small. If the effect of the total of those impacts on
the environment is significant, an EIR must be prepared. This
mandatory finding of significance does not apply to two or more
separate projects where the impact of each is insignificant.
[(4)] D. The environmental effects of a project will
cause substantial adverse effects on human beings, either directly
or indirectly.
[D.] Section 5.4. Staff Determination. Upon completion of
the initial study described in [subsection A hereof,] Section 5.1,
the District's [S]staff shall determine either that the proposed
project will not have a significant effect on the environment.
Such determination shall be set forth on a form entitled Environ-
mental Impact Assessment (a copy of which is attached hereto as
Exhibit [ "B "] "C "). If the District's [S]staff finds that the
proposed project will not have a significant effect on the environ-
ment, it shall prepare and file a negative declaration in accordance
with the provisions of [Section 32 infra.] Article VI. If, on the
other hand, the District's [S]staff finds that the proposed project
may have a significant effect on the environment, it shall cause
the preparation and filing of an EIR in accordance with the provi-
sions of [Section 33 infra.] Article VII.
[E.] Section 5.5. Appeal. Any person aggrieved by the
determination made by the District's [S]staff pursuant to [subsec-
tion D] Section 5.4 may, within ten days following such determina-
tion, file with the Secretary of the District a request for appeal
thereof to the Board. The Board shall hear its appeal at its next
regular or special meeting and shall not [approve or disapprove
ilkor the project pursuant to subsection C of Section 32] prepare a
Negative Declaration or an EIR for the project until such appeal
has been heard and determined.
ARTICLE VI - NEGATIVE DECLARATION
[Section 32. Negative Declaration. The required contents
of a negative declaration and the procedures to be followed in
connection with the preparation thereof are as follows:]
Section 6.1. Content and Form of Negative Declaration.
A. Contents. A negative declaration shall be a concise,
statement containing the following information:
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(1) a brief description of the project;
(2) a finding that the project will not have a
significant effect on the environment;
(3) a brief statement of reasons to support the
finding that the project will not have a
significant effect upon the environment; and
(4) a statement indicating who prepared the initial
study and where a copy of it may be obtained.
B. Form. The Negative Declaration should normally not
exceed one page in length. A copy of the form of Negative Declara-
tion is attached hereto marked Exhibit [ "C ".] "D ".
Section 6.2. Prior Consultation with Responsible Agencies.
Before completing the Negative Declaration, the District's staff
shall consult with all responsible agencies in order to insure
that the Negative Declaration will reflect the concerns of such
agencies.
[B. Filed Notice] Section 6.3. Filing of Negative
Declaration. Upon completion of a negative declaration, the
District's staff shall cause a copy the negative declaration,
the environmental impact assessment and the study to be
filed at the District's office, and to be available for public
inspection. Notice of the preparation of the negative declara-
tion shall be given to the project sponsor.
Section 6.4. Comments from Agencies Having Jurisdiction
by Law. Following the filing of the Negative Declaration at the
District's office, the District's staff shall consult with and
seek to obtain comments from agencies having jurisdiction by law
and should consult with persons having special expertise with
respect to any environmental impact involved.
[C.] Section 6.5. Board of Approval or Disapproval of
Project. Following the filing of the negative declaration [in]
at the District's office[,] and the consultation with agencies
having jurisdiction by law, but in no event sooner than ten days
following the date of filing, the Board may consider the project
at a regular or special meeting for purposes of approval or
disapproval. [Members] At this time, District's staff should
report on comments received pursuant to consultation under Section
6.4, and 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.
[D.] Section 6.6. Notice of Determination. Following
approval of the project, the District shall cause to be prepared
a Notice of Determination on a form attached hereto as Exhibit
[ "D "] "E" which shall contain the following:
[(1) the] A. The decision of the District to approve
the project;
[(2) the] B. The determination of the District [as to
whether] that the project [will or] will not have a significant
effect on the environment; and
[(3) a] C. A statement that no EIR has been prepared.
14
A copy of the Negative Declaration shall be attached to
said notice and said notice shall then be filed with the county
clerk of the county or counties in which the project is located[.]
and, if the project requires discretionary approval from a state
agency, with the Secretary for Resources.
[E.] Section 6.7. Posting Notice of Determination.
Simultaneously with the filing of the Notice of Determination
the District shall cause a Notice of Determination to be posted
at the District's office.
[F.] Section 6.8. Costs. As to projects covered by
[Article III, Section 25 A.(2) and (3),] paragraphs (2) and (3)
of Section 2.21A, 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.
ARTICLE VII - ENVIRONMENTAL IMPACT REPORT
Section [33.] 7.1. Environmental Impact Reports[.] in
General. Following the initial study as described in [Section
31,] Article V and, in general, as early in the planning process
as possible so as to enable environmental constraints and oppor-
tunities to be considered in the project program and design, an
EIR shall be prepared for all discretionary projects not otherwise
exempt upon a finding by the District's staff [Board] that the
project may have a significant effect on the environment. Before
completion of the draft EIR, the District's staff shall consult
with all responsible agencies in order to insure that the draft
EIR will reflect the concerns of such agencies and should assure
that, to the extent deemed appropriate by such staff, persons and
organizations believed to be concerned with the environmental
effects of the [P]project have been consulted. [The required
contents of an EIR and the procedures to be followed in connection
with the preparation thereof are as follows in subparagraphs A,
B, and C, infra.]
Section 7.2. Content of Draft EIR. The draft EIR shall
contain the information described in subsections A through E below.
A. Description of Project. The description of the project
shall contain the following information but should not supply
extensive detail beyond that needed for evaluation and review of
the environmental impact:
(1) The precise location and boundaries of the
proposed project shall be shown on a detailed
map, preferably topographic. The location of
the project shall also appear on a regional map.
(2) A statement of the objectives sought by the
proposed project.
(3) A general description of the project's techni-
cal, economic, and environmental characteristics,
considering the principal engineering proposals
and supporting public service facilities.
B. Description of Environmental Setting. An EIR must
include a description of the environment in the vicinity of the
project, as it exists before commencement of the project, from
both a local and regional perspective. Knowledge of the regional
r 15
setting is critical to the assessment of environmental impacts.
Special emphasis should be placed on environmental resources
that are rare or unique to that region. Specific reference to
related projects, both public and private, both existent and
planned, in the region, should also be included, for purposes of
examining the possible cumulative impact of such projects.
C. Environmental Impact. All phases of a project must
be considered when evaluating its impact on the environment[;]:
planning, acquisition, development and operation. The [following]
subjects described in paragraphs (1)through (7) below shall be
discussed, preferably in separate sections or paragraphs[:]. If
such subjects are not discussed separately, the EIR shall include
a table showing where each of the subjects is discussed.
(1) The Environmental Impact of the Proposed Action:
Describe the direct and indirect impacts of the project on the
environment, giving due consideration to both the short -term and
long -term effects.
[It] Such description should include specifics of the area,
the resources involved, physical changes, alterations to ecological
systems and changes induced in population distribution, population
concentration, the human use of the land (including commercial and
thw residential development) and other aspects of the resource base
such as water, scenic quality and public services.
(2) Any Adverse Environmental Effects which Cannot be
Avoided if the Proposal is Implemented: Describe any adverse
impacts, including those which can be reduced to an insignificant
level but not eliminated. Where there are impacts that cannot be
alleviated without imposing an alternative design, their implica-
tions and the reasons why the project is being proposed, notwith-
standing their effect, should be described. [Do not neglect]
Describe impacts on any aesthetically valuable surroundings, or
on human health.
(3) Mitigation Measures Proposed to Minimize the Im-
pact: [Describe any mitigation measures written into the project
plan to reduce significant environmentally adverse impacts to
insignificant levels, and the basis for considering these levels
acceptable. Where a particular mitigation measure has been
chosen from among several, alternatives should be discussed and
reasons should be given for the choice made.] Describe avoidable
adverse impacts, including inefficient and unnecessary consumption
of energy, and the measures proposed to minimize these 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 alternative measures
k or are available to mitigate an impact, each should be discussed and
the basis for selecting one alternative should be identified.
Energy conservation measures as well as other appropriate mitiga-
tion measures shall be discussed. Examples of energy conservation
measures recognized by the Secretary for Resources are set forth
in Exhibit "F".
(4) Alternatives to the Proposed Action: Describe
[any known] reasonable alternatives to the project, or to the
location of the project, which could feasibly attain the basic
objectives of the project, and why they were rejected in favor
of the ultimate choice. The specific alternative of "no project"
must also always be evaluated, along with the impact. [Attention
16
should be paid to] Describe alternatives capable of substantially
reducing or eliminating any environmentally adverse impacts, even
if these alternatives substantially impede the attainment of the
project objectives, and are more costly.
(5) The Relationship Between Local Short -Term Uses
of Man's Environment and the Maintenance and Enhancement of Long -
Term Productivity: Describe the cumulative and long -term effects
of the proposed project which adversely affect the state of the
environment. Special attention should be given to impacts which
narrow the range of beneficial uses of the environment or pose
long -term risks to health or safety. In addition, the reasons
why the proposed project is believed by the sponsor to be justi-
fied now, rather than reserving an option for further alternatives,
should be explained.
(6) Any Irreversible Environmental Changes Which Would
Be Involved in the Proposed Action Should it be Implemented:
Uses of non - renewable resources during the initial and continued
phases of the project may be irreversible since a large commit-
ment of such resources makes removal or non -use thereafter unlikely.
Primary impacts and, particularly, secondary impacts (such as a
highway improvement which provides access to a non - accessible
area) generally commit future generations to similar uses. Also
irreversible damage can result from environmental accidents
associated with the project. Irretrievable commitments of re-
sources should be evaluated to assure that such consumption is
justified.
(7) The Growth- Inducing Impact of the Proposed Action:
Discuss the ways in which the proposed project could foster
economic or population growth, either directly or indirectly
in the surrounding environment. Included in this are projects
which would remove obstacles to population growth (a major
expansion of a waste water treatment plant might, for example
allow for more 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 characteristic of some projects which may encourage and
facilitate other activities that could significantly affect the
environment, either individually or cumulatively. It must not be
assumed that growth in any area is necessarily beneficial, detri-
mental, or of little significance to the environment.
D. Organizations and Persons Consulted. The EIR shall
include a section identifying all Federal, state and local
agencies[,] (including responsible agencies) organizations and pri-
vate individuals consulted in preparing the EIR and the identity
of the persons, firm or agency preparing the EIR.
E. Water Quality Aspects. [The EIR shall identify any
certification, made by a state or interstate organization,
that water quality aspects of the proposed project are in substan-
tial compliance with applicable water quality standards.] De-
scribe in the environmental setting section, and in other sections
where applicable, water quality aspects of the proposed project
which have been previously certified by the appropriate state or
interstate organization as being in substantial compliance with
applicable water quality standards.
[F.] Section 7.3. Preparation of Draft EIR; by Whom.
[(1)] A. As to projects defined in [Article III, Section
17
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25 A.(1)] paragraph (1) of Section 2.21A [of the Guidelines,]
the draft EIR shall be undertaken by the District's staff or
by private experts pursuant to contract with the District.
[(2)] B. As to projects defined in [Article III,
Section 25 A.(2) and (3)] paragraphs (2) and (3) of Section 2.21A
the person or entity proposing to carry out the project shall
submit a draft EIR, containing the information required by
[subparagraph A] Section 7.2 above, for review and consideration
by the District's staff. The District's staff shall analyze
the draft EIR submitted pursuant to this subsection to verify
its accuracy and objectivity prior to presenting it to the Board.
The [Manager or other authorized person] District's staff may
require additional information and data, including a statement
specifying other public agencies believed to [have approval
authority over the project, from the person or entity proposing
to carry out the project as he may deem necessary for completion
of the draft EIR.] be agencies having jurisdiction by law over
the project.
[G.] Section 7.4. Completion of Draft EIR; Notice
[of Completion or Intent.]. Upon completion, the draft EIR
shall be presented to the Board for review at a regular or special
meeting. If the Board finds that the (D)draft EIR is in order
ihr
and that it reflects the independent judgment of the District,
the Board shall authorize the [Manager or other authorized person]
District's staff to file a Notice of Completion with the Secre-
tary [of the] for Resources [Agency] on a form attached hereto
as Exhibit [ "E" or a Notice of Intent with the State Clearinghouse
on a form attached hereto as Exhibit "F ". The Notice of Intent
shall be filed when it is intended that the Draft EIR shall be
submitted for review, pursuant to Subsection G to the State
Clearinghouse.] "G" or a cover form required by the State Clearing-
house with the State Clearinghouse. The State Clearinghouse
filing shall be made where the draft EIR will be reviewed through
the state review process. In all other cases, a Notice of
Completion shall be filed. Filing shall be deemed complete when
the appropriate Notice has been deposited in the United States
mail addressed appropriately or when delivered in person to
the appropriate office.
[H. Filing of Notices.] ¶ Simultaneously with the filing
of a Notice of Completion [or Intent,] or State Clearinghouse
cover form, the District shall cause a copy of said Notice or
form to be filed at the District's office and be available for
public inspection.
[I.] Section 7.5. Review of Draft EIR by Other Public
Agencies and Persons with Special Expertise.
[(1)] A. General
[(a)] (1) After filing a Notice of Completion
or a [Notice of Intent,] State Clearinghouse cover form,
whichever is appropriate, the District's staff shall
[submit copies of the draft EIR for review and comment
to all] consult with and obtain comments from public
agencies having jurisdiction by law [over] with respect
to 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. In the event that
review and comment by a state agency is sought, the
18
draft EIR shall be submitted through the State Clearing-
house.
[(b)] (2) The district may send copies
of the draft EIR to public agencies or persons with special
expertise with respect to any environmental impact involved
whose comments relative to the draft EIR would be desir-
able.
(1) Copies of the draft EIR should also be
furnished to appropriate public libraries.
(4) In determining appropriate public
agencies, persons and libraries to whom copies of the
draft EIR should be transmitted under paragraphs (1)
through (3) above, District's staff shall be guided by
any listings of agencies, persons or libraries prepared
by it with respect to various projects and project loca-
tions.
[(c)] (5) Each public agency, [and /or]
person, and library to whom a draft EIR is sent under
[(a) or (b)] paragraphs (1) through (3) above shall be
advised in writing that [they may submit] written comments
may be submitted to the district within the time
established for review under [paragraph 2] subsection B
below.
[(2)] B. 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 permit adequate review of and comment on the draft
EIR by such public agencies or persons. The period of time, to
be established in the discretion of the Board, shall be based
upon the size and scope of the proposed project; however, in no
event shall the review period be less than thirty (30) days
after the date of mailing or of delivery in person, or, where
review by a state agency through the State Clearinghouse is
requested, less than the period provided in the state review
system operated by the State Clearinghouse.
[(3)] C. Failure to Comment. In the event a public agency
or person whose comments on a draft EIR are solicited pursuant to
[S] subsection [1] A above fails to comment within the time period
established pursuant to [S] subsection [2] B above, it shall be
presumed, absent a written request for a specific extension of
time for review and comment, together with the reasons therefor,
that such agency or person has no comment to make. Any extension
of time granted by the District shall be reasonable under the
circumstances, but ordinarily shall not cover a period greater
than the time period initially established for review and comment
pursuant to [S] subsection [2] B above.
[(4)] D. 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.
[J.] Section 7.6. Availability of the Draft EIR for
Review. Following the filing of the Notice of Completion or
State Clearinghouse cover form as required by [subparagraph E]
Section 7.4, copies of the draft EIR also shall be made available
at the District's office for review or acquisition by members of
19
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the general public. Any person requesting a copy of the draft
EIR from the District shall be charged the actual cost of
reproducing it.
[K.] Section 7.7. Public Hearings.
[(1)] A. General. From time to time, depending upon
the nature and location of a proposed project, the board, in its
discretion, may find it desirable to conduct a public hearing on
the environmental impact thereof. In such event the public
hearing shall be conducted subsequent to the filing of the Notice
of Completion, but in no event sooner than fourteen days thereafter.
The draft EIR shall be used as the basis for discussion during
any public hearing that may be held.
[(2)] B. Notice. Notice of the time and place of the
public hearing shall be published once in a newspaper of general
circulation which is printed, published and circulated within the
District. If there is no such newspaper, it may be published
in a newspaper of general circulation within the District and it
shall be posted at three public places within the District, one
of which shall be at the principal offices of the District.
Publication or posting shall be done at least fourteen (14) days
prior to the date set for public hearing. Said notice also shall
indicate where the draft EIR is available for review.
[(3)] C. Public Hearing During Regular Meeting. A
public hearing may be scheduled to be conducted during the course
of a regular meeting of the Board.
[(4)] D. Procedures for Conducting Public Hearings.
The procedures for the manner of conducting the public hearings
shall be prescribed by the Board at the time the hearing convenes.
Members of the public who attend shall be afforded the opportunity
to participate in the hearing process.
[L.] Section 7.8 Final EIR.
[(1)] A. Preparation. Following the receipt of comments
on the draft EIR by other public agencies and persons with special
expertise [as required by subparagraph I above,] pursuant to
Section 7.5, and if a public hearing has been held pursuant to
[subparagraph K above,] Section 7.7, following such hearing,
comments that have been received shall be evaluated and then a
final EIR shall be prepared[.] by District's staff.
[(2)] B. Contents. The final EIR shall consist of
the draft EIR[,] or a revised draft EIR a section containing
a statement of the comments received through the review and
consultation process set forth in [subparagraphs I and K above,]
Sections 7.5 and 7.7 either verbatim or in summary, a list of
persons and public agencies commenting on the draft EIR, and a
section containing [a response] the responses of the District to
the significant environmental points that are raised in the review
and consultation process.
The response of thelead agency to comments received
may take the form of a revision of the draft EIR or may be an
attachment to the draft EIR. The response shall describe the
disposition of significant environmental issues raised (e.g.
revisions to the proposed project to mitigate anticipated impacts
or objections). In particular the major issues raised when the
[responsible agency's] District's position is at variance with
20
recommendations and objections raised in the comments must be
addressed in detail giving reasons why specific comments and
suggestions were not accepted, and factors of overriding import-
ance warranting an override of the suggestions.
Where a project report is prepared in the review or budget-
ary process pertaining to a proposed project and an EIR has been
prepared for such project, the final EIR shall be included as a
part of the project report.
[M.] Section 7.9. Certification of Final EIR by Board;
Board Approval or Disapproval of Project. Following preparation
of the final EIR, it shall be presented to the Board for review.
If the Board finds the final EIR to be in order it shall, at a
regular or special meeting, certify that the [F] final EIR has
been completed in compliance with the California Environmental
Quality Act of 1970 and the State Guidelines and that the Board
has reviewed and considered the information contained in [such]
the EIR. Thereupon the Board may proceed immediately to consider
the proposed project for purposes of approval or disapproval.
Members of the public may appear before the Board and present
their views prior to the Board's determination to approve or
disapprove the project.
[N.] Section 7.10. Notice of Determination. Following
approval of the project, the District shall cause to be prepared
a Notice of Determination on a form attached hereto as Exhibit
[ "D "] "E" which shall contain the following:
[(1)] A. The decision of the District to approve
the project;
[(2)] B. The determination of the Board as to
whether the project will or will not have a significant
effect on the environment; and
[(3)] C. A statement that an EIR has been prepared.
Said notice shall then be filed with the county clerk of
the county or counties in which the project is located[.] and,
if the project requires discretionary approval from a state
agency, with the state agency.
Section 7.11. Statement of Overriding Considerations.
If the Board approves a project for which serious adverse environ-
mental consequences have been identified in the EIR, the Board
may direct that there be attached to the Notice of Determination
a statement identifying the overriding interests which warrant
project approval.
[0.] Section 7.12. Costs. As to projects covered by
[Section 25 A.(2) and (3),] paragraphs (2) and (3) of Section 2.21A
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 publica-
tion costs incident thereto.
Section 7.13. Retention of Comments. All written comments
received on a draft EIR through the formal consultation process,
as well as all written comments that may be received independently
of said process, shall be retained at the District's office for
a period of at least one year following approval or disapproval
21
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of the project to which they relate. Said comments shall be
made available for public inspection at all reasonable times.
[ARTICLE VIII -
RETENTION OF COMMENTS AND
AVAILABILITY OF COMMENTS FOR REVIEW
Section 35. All written comments received on a draft EIR
through the formal consultation process provided for in Section
30 E, as well as all written comments that may be received inde-
pendently of said process, shall be retained at the District's
office for a period of at least one year following approval or
disapproval of the project to which they relate. In addition,
said comments shall be made available for public inspection at
all reasonable times.]
ARTICLE VIII - EIRS AND PROJECT SCOPE
[ARTICLE IX - SUBSEQUENT EIR'S]
Section [36.] 8.1. Subsequent EIRs. Where an EIR has been
prepared[,] for a project no additional EIR need be prepared unless:
416, A. Substantial changes are proposed in the project
which will require major revisions of the EIR, due to the
involvement of new environmental impacts not considered in the
previous EIR.
B. There are substantial changes with respect to the
circumstances under which the project is to be undertaken,
such as a change in the proposed location of the project, which
will require major revisions in the EIR due to the involvement
of new environmental impacts not covered in the previous EIR.
[ARTICLE X -
USE OF A SINGLE EIR FOR MORE THAN ONE PROJECT]
Section [37.] 8.2. Use of a Single EIR.
A. Two or More 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 environ-
mental impacts. Any environmental impacts peculiar to any one
of the projects must be separately set forth and explained.
B. Later Projects. An EIR on an earlier project may be
utilized to apply to a later project if the environmental impacts
of the projects are essentially the same. If there are environ-
mental impacts applicable to the later project which were not
associated with the earlier project, the earlier EIR must be
[amended] supplemented to [separately] set forth and explain said
impacts[.] separately.
Section 8.3 Multiple and Phased Projects.
A. Phased Projects. Where individual projects are, or
a phased project is, to be undertaken and where the total under-
taking comprises a project with significant environmental effect,
a single EIR must be prepared for the ultimate effect.
B. Interrelated Projects. Where an individual project
is a necessary precedent for action on a larger project, or
kiler 22
commits the District to a larger project, the EIR must address
itself to the scope of the larger project.
C. Similar Projects. Where one project is one of several
similar projects of the District, but is not deemed a part of
a larger undertaking or a larger project, one EIR may be prepared
for all projects, or one for each project, but should in either
case comment upon the combined effect.
ARTICLE [XI] IX -
MISCELLANEOUS
Section [38.] 9.1. Partial Invalidity. In the event any
part or provision of these Guidelines shall be determined to be
invalid, the remaining portions hereof which can be separated from
the invalid unenforceable provisions, shall nevertheless continue
in full force and effect.
Section 9.2. Headings. Headings preceding the texts of
the articles, sections and paragraphs hereof shall be solely for
convenience of reference and shall not affect the meaning,
construction or effect of such texts.
Section 9.3. Effective Date. These Guidelines, except
Section 7.2C(3) shall be effective on April 1, 1975. Section
7.2C(3) shall be effective on January 7, 1975, provided, however,
that any draft EIR which was completed and sent out for public
review on or before January 6, 1975, in compliance with District
guidelines theretofore in effect shall be deemed in compliance
with these Guidelines.
23
iiiir
CROSS REFERENCE
State Local State Local
Guidelines Guidelines Guidelines Guidelines
15000 15035.5 2.19 & 3.7A
15001 1.1 15036 2.20
15005 1.1 15037 2.21
15010 15038
15012 1.2 15039 2.22
15013 7.1 15040 2.23
15014(a) 15050(a)
15014(b) 9.3 15050(b)
klow
15015 1 5050(c)(1)(A) 3.1
15020 Art. 2 15050(c)(1)(B) 3.4B
15020.5 15050(c)(1)(C) 3.5
15021 2.1 15050(c)(2) Art. V
15022 1.1 15050(c)(3) Art. VI
15023 2.3 15050(c)(4) Art. VII
15024 2.4 15050(c)(5) 6.2, 6.4, 7.1 & 7.5
15025 2.7 15050(c)(6) 6.4, 6.5 & 7.5
15026 2.8 15050(c)(7) 6.5 & 7.8B
15026.5 2.9 15050(c)(8) 6.5 & 7.8
15027 2.10, 7.2 & 7.8B 15050(c)(9) 3.7B,6.3,6.6,7.4 & 7.9
15028 2.11 15050(c)(10)
15029 2.12 15050(c)(11) 2.6
klow 15029.5 2.13 15051
15029.6 2.14 15052
15030 2.15 15053(a) 6.8 & 7.12
15031 15053(b) 7.6
15032 3.4 15054
15033 2.16 15060 3.1
15034 2.17 15061(a)
15035 2.18 15061(b) 7.3B
F
lilliw
State Local State Local
Guidelines Guidelines Guidelines Guidelines
15061(c) 4.2 15083(c) 6.5 & 6.3
15061(d) 15083(d) 6.6
15061(e) 15084 5,4
15061(f) 4.2 15085(a) 7.3B & 7.4
15063(a) 15085(b) 7.1
15063(b) 4.3 15085(c) 7.4
15064 4.5 15085(d) 7.5A
15065 4.1 15085(d)(1)
15065.5 4.5 15085(d)(2) 7.5A(3)
15066 6.2, 6.4, 7.1 & 7.5 15085(d)(3) 7.5A(4)
15067 8.1 15085(d)(4) 7.7
15068 8.2 15085(e) 7.8B
15069 8.3 15085(f) 7.8A
1 5 0 7 0 (a) 15085(g) 7.9
1 5 0 7 0 (b) 15085(h) 7.10
15070(c) 9.3 15085(1)
1 5 0 7 1 3.3 15085(j) 4.5
15072 3.2 15086 7.8B
15073 3.4 15087
15074 15088 7.11
15074(a) 3.7A 15100 3.5
15074(b) 3.7A 15100.1 3.5
1 5 0 7 4 (c) 15100.2 3.5K
15074(d) 3.7B 15100.3
15080 5.1, 5.1A & 5.2C 15100.4 3.5
15081(a) 5.2A 15101 3.5A
15081(b) 5.2A 15102 3.5B
15081(c) 5.2B 15103 3
15082 5.3 15104 3.5D
15083(a) 6.2 15105
15083(b) 6.1 15106 3.5E
-2-
State Local State Local
Guidelines Guidelines Guidelines Guidelines
15107 3.5F 15166 7.13
15108 3.5G Appendix A
15109 3.5H Appendix B
15110 Appendix C Exhibit G
15111 3.51 Appendix D Exhibit E
15112 3.5J Appendix E Exhibit B
15113 Appendix F Exhibit F
15114
15140 7.2
15141 7.2A
15142 7.2B
15143 7.2C
15144 7.2D
15145 7.2E
15146(a) 7.8B
15146(b) 7.8B
15147
15148
15160(a) 7.58
15160(b) 7.5B
15160(c) 7.5B
15160(d) 7.5D
15161(a) 4.5 & 7.5
15161(b)
15161(c)
15161(d)
15162 7.50
15163(a) 7.6
15163(b) 7.5A(3)
15164
15165 7.7
-3-