HomeMy WebLinkAbout1973-03-22 - Resolution No. 73-13RESOLU'iION N0 . f /
RESOLUTION OF THE BOARD OF DIRECTORS OF
ADOPTING OBJECTIVES, CRITERIA AND PROCEDURES
f _,iµ Wr "10 _~_.n.__...._.:.-....:..-.114PLEMENTING THE CALIFORNIA ENVIRONMENTAL
F,WSENTED TO 80. bf oiq. QUALITY ACT
Y. L. C. W- D. ON
1973
ARTICLE I - GENERAL
APPROVED BY THE
Board of Directors of
Yorba Linda Co. Water
P
Y
Section 1. Purposes. This Resolution implements the purposes and
provisions of the California Environmental Quality Act of
_1-94.0 av'amended by Chapter 1154 of the Statutes of,. 1.972
(hereinafter referred to as "CEQA") and the Guidelines for
Implementation of the CEQA of 1970 which have been adopted
by the California Resources Agency (hereinafter referred to
as "Guidelines"). The enhancement and long-term protection
of the environment and the encouragement of public partici-
pation in achieving these goals are objectives of this measure.
Section 2. Objectives. From time to time and under circumstances
as outlined by this Resolution, a document known as an environ-
mental impact report (hereinafter referred to as an. EIR) must
be prepared as a prerequisite to approval of a project-. The
function of an EIR is to inform the Board of Directors of the
environmental effects of proposed projects. The environmental
effects set forth in the report are to be evaluated by the
Board of Directors before a project is approved. The Board
retains existing authority to balance environmental objectives
with economic, social, and other relevant objectives of the
proposed project.
ARTICLE II - APPLICABILITY
Section 3. Scope of Applicability. This Resolution applies to
all projects which may have a significant effect on the en-
vironment involving discretionary decision-making on the part
of the District, and which do not fall within any class of
categorical exemptions set forth in Article 8 of the Guidelines
and in Article VII hereof, are not emergency projects within
the meaning of Article IV hereof; and which do not constitute
feasibility or planning projects as described in Article V hereof..
Section 4. Ministerial Projects.
A. This Resolution does not apply to ministerial projects
approved by the District. Generally speaking, a ministerial
project is one requiring approval by the District as a matter
of law or one involving minimal independent exercise of judgment
by the District as to its wisdom or propriety. Examples of such
projects include, but are not limited to, individual utility
service connections and disconnections, agreements to install
in-tract utility facilities to subdivisions which have been
approved by other appropriate governmental agencies, and utility
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service connections and disconnections to potential customers
within such subdivisions.
B. The decision as to whether or not a proposed project is
ministerial in nature, and thus outside the scope of this
enactment, shall be made by the District on a case-by-case
basis.
ARTICLE III - DEFINITIONS
Whenever the following terms are used in this Resolution, they shall
have the following meaning unless otherwise expressly defined:
Section 5. Approval means a decision by the District which commits
it to a definite course of action with regard to a particular
project. As respects any project to be 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 21 A (2) and (3), approval
shall be deemed to occur upon the earliest commitment to issue
or the issuance by the District of a discretionary contract,
grant, subsidy, loan, or other form of financial assistance,
lease, permit, license, certificate, or other entitlement.for
use of the project. The mere acquisition of land by the District,
on the other_ hand, shall not in and of itself be deemed to
constitute approval of a project.
For purposes of•this Resolution, all environmental assessments
must be completed as of the time of project approval.
Section 6. Board means the Board of Directors of
District.
Section 7. Categorical Exemption means an exemption from the requi.re.-
ment of preparing a negative declaration or an EIR even though
the proposed project is discretionary in nature, as more partic-
ularly described in Article VII infra.
Section 8. 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. District means the
District.
Section 10. Emergency means a sudden and catastrophic calamity,
caused by an occurrence or combination of occurrences of state-
wide or local impact such as fire, flood, landslide, earthquake,
or other natural disaster, riot, war., accident, sabotage.
Section 11. Environment means the physical conditions which exist
in the area which will be affected by a proposed.project including
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land, air, water, minerals, flora, fauna, ambient noise,
objects of historic or aesthetic significance.
Section 12. 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 30.
Section 13. EIS - Environmental Impact Statement means an EIR
prepared pursuant to the National Environmental Policy Act
(NEPA).
Section 14. Feasible means capable of being accomplished in a
successful manner by reasonably available, economic, and
workable means.
Section 15. Guidelines mean the Guidelines for Implementation of
the CEQA of 1970 adopted by the California Resources Agency
as they now exist or hereafter may be amended.
Section 1_6. Lead Agency means the public agency which has the
principal responsibility for carrying out or approving a
project which may have a significant effect on the environ-
ment where more than one public agency is involved with the
same underlying activity.
Section 17. Negative Declaration means a statement by the District
that it will carry out or approve a discretionary project and
that such a project, although not categorically exempt, would
not have a significant effect on the environment and therefore
does not require an EIR. The term "Exemption Declaration" is
interchangeable with the-term "Negative Declaration".
Section 18. Notice of lCompletion means a brief report filed with
the secretary for Resources as soon as the District has completed
a draft EIR and is prepared to send out copies for review.
Section 19. Notice of Determination means a brief_ notice to be
filed by the District when it approves- or determines to carry
out a project which is subject to the requirements of CEQA.
Section 20. Person includes any person, firm, association, organiza-
tion, partnership, business, trust, corporation, company,
district, county, city and county, city, town, the State, and
any of the agencies' political subdivisions.
Section 21. Project
A. Project means the whole of an action, resulting in physical
impact on the environment, directly or ultimately, that is any
of the following:
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(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.
B. Project does not include:
(1) anything specifically exempted by state law;
(2) proposals for legislation to be enacted by the State
Legislature;
(3) continuing administrative or maintenance activities,
such as purchases for supplies, personnel.-related actions,
general policy and procedure making, e.g. setting of rates
(except as they are applied to specific instances covered
above), feasibility or planning studies;
(4) the submittal of proposals to a vote of -the people
of the state or of a particular community, i.e., the District;
(5) the annexation of territory to the. District; and
(6) the mere acquisition of land by the District, in and
of itself.
Section 22. Significant Effect means a substantial-adverse impact
on the environment.
Section 23. District's Staff means the District's Manager, and/or
his designee.
ARTICLE IV - EMERGENCY PROJECTS
Section 24. The following emergency projects do not require the
preparation of a negative declaration or an EIR and thus,
are outside the scope of this Resolution:
(a) Projects undertaken, carried out,.,or approved by
a public agency to maintain, repair, restore, demolish
or replace property or facilities damaged or destroyed
as a result of a disaster in a disaster stricken area
in which a state of emergency has been proclaimed by
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the Governor pursuant to Chapter 7 (commencing with
;section 8550) of Division 1, Title 2 of the Government
Code.
(b) Emergency repairs to any of the District's facilities
necessary to maintain service.
(c). Projects undertaken as immediate action necessary
to prevent or mitigate an emergency.
ARTICLE V - FEASIBILITY AND
PLANNING STUDIES
25. Feasibility and planning studies of potential projects
�rtaken by the District are specifically excepted from the
r--quirements of CEQA and thus are outside the scope of this
4solution, although such studies may contain consideration
environmental factors incident to the potential project.
ARTICLE VI - EVALUATING PROJECTS
26. Initial Review for CEQA Exemptions.
�. Preliminary Review. At the outset a proposed activity
s -all be examined by the District's Staff for the purpose of
etermining whethe2 it is (1)"°a project as defined in Section 21,
-;.:_,)ra, (2) ministerial, (3) an emergency project as described
_: Article IV, supra, (4) a feasibility and planning study as
?scribed in Article V, supra, or (5) a categorical exemption
Is described in Article VII, infra.
Submission of Environmental Evaluation (Short Form).
:f the Districts Staff requires additional information in
seder to make the determination called for in paragraph A
'•:•roof, it shall direct the applicant to prepare an Environmental
"/;-lluation (Short Form), a copy of whiph is attached hereto
Exhibit "A".
Finding of No Exemption. If in the judgment of the
.,istrict's Staff the proposed activity does not fall within
'�"'3 of the foregoing categories, it shall proceed with the
:�r')joct evaluation process as outlined in Section 27. Any
L,13rson proposing to undertake a project as defined in Section
A. (2) or A. (3) (i.e., a private project) may present his
)�Iction to the Staff's determination to the Board at its
"'It regular meeting. At that meeting, the Board shall
',;F -her affirm said determination (in which case the project
'-'*11.tiation process shall be commenced) or find that the
",posed activity does fall within one of the foregoing
.,gories (in which case no further environmental assessment
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thereof shall be necessary). The decision of the Board shall
be final.
D. Finding of Exemption. If in the judgment of the District's
Staff, a proposed activity does fall within one of the categories
enumerated in Subparagraph A, it shall so find on a form
entitled Statement of Non --Applicability (a copy of which is
attached hereto as Exhibit "B"). No further environmental
assessment shall be necessary, and the proposed activity may
be carried out in the manner routinely exercised by the
District.
E. Retention of Preliminary Environmental Assessment;
Avva,i,i bility for Inspection. The Statement of Non -
Applicability shall be retained by the Staff as part of the
usual record-keeping process, and it shall be made available
for public inspection during all regular_ District office
hours.
Section 27. Lead A eco ncy
A. Determination of Lead Agency;Factors to be Considered.
Upon a dtermination that a proposed activity is discretionary
in nature and is not otherwise exempt, consideration shall be
given by the District's Staff to whether another public agency
is primarily responsible for carrying out or approving it.
The Staff shall ccvisider, among others, the following factors
in making the determination as to which is the lead agency:
(1) The lead agency shall be the public agency which
proposes to carry out the project;
(2) If the project is to be carried out by a non-govern-
mental 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 a limited purpose which is involved by reason
'of the need to provide a public service or public utility to
the project;
(3) Where more than one public agency equally meet the
criteria set forth in subparagraph (2) above, the agency which
is the first to act on the project in question shall be the
lead agency.
B. Finding that District is Lead Agency. If the Staff
determines that the project does not involve another public
agency which is the lead agency, it shall proceed with
the project evaluation process as outlined in Section 28.
aM.
C. Finding that Another Public Agency is Lead Aac�-ncY. if
the Staff determines that the project does involve another,
public agency which is the lead agency, Staff shall so find and
designate the lead agency on the aforementioned Statement of
Non -Applicability. Unlessotherwise required by the Board,
no further environmental assessment shall be necessary.
Whenever a determination is made that another public agency
constitutes the lead agency, the District shall, upon the
request thereof, provide data concerning all aspects of the
District's activities relative to the subject project.
Section 28. Initial Study Procedures.
A. Undertaking of Initial Study; Submission of Environ-
mental Evaluation (Short Form). Upon a determination
that a project si discretionary and is not otherwise exempt,
and that the District is the lead agency, an initial study shall
be undertaken for the purpose of ascertaining whether the
proposed project may have a significant effect on the environ-
ment, that is, a substantial adverse effect on the environment.
This initial study shall be reflected in the submission to
the Staff of an Environmental Evaluation (Short Form), a copy
of which is attached hereto as Exhibit "A".
(1) As to projects defined in Article III, Section
21 A (1) of this Resolution, the Environmental Evaluation
shall be submitted by the Staff_ or by private experts
pursuant to contract with the District.
(2) As to projects defined in Article III, Section 21
A (2) and 21 A (3), the person or entity proposing to
carry out the project shall submit the Environmental Evalua-
tion and any additional data and information as may be required
by the Staff to determine whether the proposed project may
have a significant effect on the environment. Such data and
information shall consider all fiactors enumerated in sub-
paragraph B, infra. All costs incurred by the District in
reviewing the data and information submitted by said person
or entity, or in conducting its own investigation based
upon such data and information for the purpose of determining
whether the proposed project might have a significant effect
on the environment shall be borne by the person or entity
proposing to carry out the project.
B. Evaluating Environmental Sim nificance. In determining
whether a project may have a significant effect on the environ-
ment, the Staff shall consider both primary and secondary
consequences. Some examples of consequences which may have
a significant effect on the environment are the following:
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(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
movement of any resident or migratory fish or wildlife
species;
(5) breaches any published national, state, or local
standards relating to solid waste or litter control;
(6) results in a substantial detrimental effect on
air or water quality, or on ambient noise levels for
adjoining areas;
(7) involves the possibility of contaminating a
public water supply system or adversely affecting ground
water;
(8) could cause substantial flooding, erosion or
siltation; 4.
(9) is subject to major geologic hazards.
C. Mandatory Findings of Significance. In every case where
any of the following conditions are found to exist as a result
of a project, the project will be found to have a significant
effect on the environment.
(1) Impacts which have the potential to degrade the
quality of the environment, curtail the range of the environment.
.(2) Impacts which achieve short-term, to the disad-
vantage of long-term, environmental goals. A short-term
impact on the environment is one which occurs in a
relatively brief, definitive period of time while long-
term impacts will endure well into the future.
(3) Impacts for a project which are individually limited,
but cumulatively considerable. A project may impact on two
or more separate resources where the impact on each resource
is relatively small. If the effect of the total of those
impacts on the environment is significant, an EIR must be
prepared. This mandatory finding of significance does not
apply to two or more separate projects where the impact of
each is insignificant.
(4) The environmental effects of a project will cause
substantial adverse effects on human beings, either directly
or indirectly.
D. Probable Finding that Project will not have Significant
Effect. If, after a reviewing of the Environmental
Evaluation (Short Form) and all other relevant data, the Staff
believes that the project will not have a significant effect
on the environment, it shall prepare notice of intention
to file a Negative Declaration. This notice shall state
that a Negative Declaration with respect to the subject
project will be filed with the County Clerk on a specified
date which shall be no sooner than ten (10) days following the
date of the notice. Copies of the notice (together with the
Environmental Evaluation submitted for the subject project)
shall be posted in three public places in the District and
shall be mailed to the applicant and to other public agencies
having jurisdiction with respect to the project. The Staff
may also supply copies of the notice and Environmental
Evaluation to such other persons and agencies as it deems
appropriate. Thelnotice shall instruct any person who believes
that a Negative Declaration should not be filed with respect
to the subject prof ect to so notify the Staff and to specify
in writing his reasons for believing that the project may have
a significant effect on the environment. All such comments
must be received by the District's Staff on or before the
date on which the Negative Declaration is to be filed.
Section 29. Negative Declarations. If, after examining all
comments received in response to the notice of intention to
file a Negative Declaration, the,Staff finds that the project
.will not have a significant effect on the environment, it
shall complete and file a Negative Declaration in accordance
with the following procedures:
A. Contents. A Negative Declaration shall be a concise,
one-page statement containing the following information:
(1) a description of the project; and
(2) a finding that the project will not have a
significant. effect on the environment.
B. Filing. Upon completion of a Negative Declaration,
it shall be filed with the county clerk.
C. Posting Notice of Negative Declaration. Simultaneously
with the filing of a Negative Declaration with the county
clerk, the Staff shall cause to.be posted at three public
places in the District copies of the Negative Declaration.
D. Appeal. Any interested person may appeal the decision
of the Staff to file a Negative Declaration by filing notice
of such appeal with the Board within five days after the filing
of the Negative: Declaration. The Board shall hear, and
consider the matter and its decision with respect thereto
shall be final.
E. Approval or Disapproval of Project. At any time after
the fifth day following the filing of a Negative Declaration
or, in the event the same shall have been appealed, then any
time after a Board decision sustaining the filing of a
Negative Declaration, the project may be approved or disapproved
in accordance with the usual District procedures.
F. Notice of Determination. Following approval or disapproval
of the project, the District shall. cause to be prepared a
Notice of Determination on a form attached hereto as Exhibit
"C" which shall contain the following:
(1) the decision of the District to approve or
disapprove the project;
(2) the determination of the District as to whether
the project will or will not have a significant effect
on the environment; and
(3) a statement of whether an EIR has been prepared.
Said notice then shall be filed with the county clerk of the
county or counties in which the project is located.
G. Posting Notice of Determination. Simultaneously with
.,the filing of the Notice of Determination the District shall
cause to be posted at three public places in the District a
Notice of Determination.
H. Costs. As to projects covered by Article III,
Sectioi'� i 21 A (2) and (3) , the person or entity proposing
to carry out the project requiring approval by the District
shall bear all costs incurred by the District in preparing
and filing the Negative Declaration..
Section 30. Environmental Impact Reports. Following the initial
study described in Section 28, an LIR shall be prepared for
any discretionary project, not otherwise exempt, unless a
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Negative Declaration has been filed with respect thereto.
The required con -Lents of an ETR and the procedures to be
followed in connection with the preparation thereof are as
follows:
A. Description of Proms ect:. The description of the project
shall contain the following information but should not
supply extensive detail beyond that needed for evaluation
and review of the environmental impact.
(1) The precise location and boundaries of the
proposed project shall be shown on a detailed map, preferably
topographic. The location of the project shall also appear
on a regional map.
(2) A statement of the objectives sought by the
proposed project.
(3) A general description of the project's technical,
economic, and environmental chara(:teristics, considering
the principal engineering proposals.
B. Description of Environmental Settinq. An EIR must include
a description of the environment n the vicinity of the
project, as it exists before commencement of the project,
from both a local and regional perspective. Knowledge of the
regional setting is.critical to the assessment of environ-
mental impacts. Special emphasis should be placed on environ-
mental 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 shall be discussed, preferably in separate
sections or paragraphs.
(1) The Environmental Impact of the Proposed Action:
Describe the direct and indirect impacts of the project on
the environment, giving due consideration to both the
short-term and long-term effects.
It should include specifics of the area, the
resources involved, physical changes; alterations to
ecological systems and changes induced in population
distribution, population concentration, the human use of
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the land (including commercial_ and residential development)
and other aspects of the resources base such as water,
scenic quality and public services.
(2) Anv Adverse Environmental Effects Which Cannot
Be Avoided if the Proj-)osal is Im2lemented:
Describe any adverse impacts, including those which can
be reduced to an insignificant level but not eliminated.
Where there are impacts that cannot be alleviated without
imposing an alternative design, their implications and the
reasons why the project is being proposed, notwithstanding
their effect, should be described. Do not neglect impacts
on any aesthetically valuable surroundings, or on human
health.
(3) Mitigation Measures Proposed to Minimize the
Im2act: Describe any miti.ga on 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.
(4) Alternatives to the Proposed Action: Describe any
known alternatives to the project, or to the location of
the project, which could feasibly.attain the basic objectives
of the project, and why they were rejected in favor of the
ultimate choice. The specific alternative of "no project"
must also always be evaluated, along with the impact. Attention
should be paid to 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 environ-
ment. Special attention should be given to impacts which
narrow the range of beneficial uses of the environment or
pose long-term risks to health or safety. In addition, the
reasons why the proposed project is believed by the sponsor
to be justified now, rather than reserving an option for
.further alternatives, should be explained.
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(6) Any Irreversible Environmental Changes Which
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C�7ould be Involved n the Proposed Action
s noun—it be Im2lemented: Uses of rion-renewable
resources during the initial and continued phases of the
project may be irreversible since a large commitment of
such resources makes removal or non-use thereafter unlikely.
Primary impacts and, particularly, secondary impacts
generally commit future generations to similar uses. Also
irreversible damage can result from environmental accidents
associated with the project. Irretrievable commitments of
resources should be evaluated to assure that such consumption
is justified.
(7) The Growth -Inducing Impact of the Proposed Action:
Discuss the ways in which the proposed project could foster
economic or population growth, either directly or indirectly,
in the surrounding environment. Included in this are projects
which would remove obstacles to population growth (a major
expansion of a waste water treatment plant might, for example,
allow for more construction in service areas). Increases in
the population may further tax existing community service
facilities so consideration must be given to this impact.
Also discuss the characteristic of some projects which may
encourage and facilitate other activities that could sig-
nificantly 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.
D. Preparation of Draft EIR; by Whom:
(1) As to the projects defined in Article III, Section
21 A (1) of this Resolution, the draft EIR shall be undertaken
by the Staff or by private experts pursuant to contract with
the District.
(2) As to projects defined in Article III, Section
21 A (2) and (3) the person or entity proposing to carry
out the project shall submit a draft EIR, containing
the information required by subparagraph A above, for review
and consideration by the Staff. The Staff shall analyze the
draft EIR submitted pursuant to this sub -section to verify
its accuracy and objectivity prior to presenting it to the
Board. The Staff may, if it deems it appropriate, arrange
to have this analysis performed by a private expert in the
field; in that event, the fee charged by such expert shall
be borne by the person or agency proposing to carry out the
project. Said person or agency shall supply such additional
data as the Staff may deem necessary for the completion of
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the draft EIR.
(3) The identity of the person(s), firm or agency
preparing the EIR, by contract or other authorization,
must be included therein as well as the identity of all
federal, state or local agencies, other organizations and
private individuals consulted in preparing the EIR.
(4). At least fifteen copies of the EIR shall -be
submitted to the Staff.
E. Completion of Draft ETR. After it determines the draft
EIR to be complete, the Staff shall file a Notice of
Completion with the Secretary of 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; and
(3) information indicating where copies of the draft
EIR are available for review.
(4) Filing shall be deemed complete when the Notice
of Completion has been deposited in the United States
mail addressed to the Secretary for Resources, or when
delivered in person to the Office of the Secretary.
F. Posting of Notice of Com2letion. Simultaneously with
the filing of a Notice of*Completion, the District shall cause
copies of said Notice to be posted at three public places
in the District.
G. Review of Draft EIR by Other Public Agencies and
Persons with Special Expertise.
(1) General
(a) After filing and posting a Notice of
Completion, the Staff shall submit copies of the
draft EIR for review and comment to public agencies
having 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.
(b) The Staff may send copies of the draft
ETR to public agencies or persons with special
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expertise whose comments relative to the draft
EIR would be desirable.
(c) Each public agency and/or person to whom
a draft EIR is sent under (a) or (b) above shall
be advised in writing that•they may submit written
continents to the District within four weeks or such
longer period of time as may be specified by the
Staff.
(2) Failure to Comment. In the event a public
agency or person whose comments on a draft EIR are soli-
cited pursuant to Subsection 1 above fails to comment
within the time period established, 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 Staff shall
be reasonable under -the circumstances, but ordinarily
shall not cover a period greater than the time period
initially established for review and comment.
(3) Continued Plannina 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.
` H. Availability of'the Draft EIR'for Review. Following
the filing of the Notice of Completion as required by Sub-
paragraph E above, copies of the draft EIR shall be made
available at the District's office for review or acquisition
by members of the general public. Any person requesting a
copy of the draft EIR from the District shall be charged the
actual cost of reproducing it.
I. Final EIR.
(1) Preparation. Following the receipt of comments
on the draft EIR by other public agencies and persons
with special expertise as required by Subparagraph G above,
comments that have been received shall be evaluated and
then a final EIR shall be prepared.
(2) Contents. The final EIR shall consist of the
draft EIR, a section containing a statement of the comments
received through the review and consultation process
set forth in Subparagraph G above, either verbatim
or in summary, and a section containing a response to the
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significant environmental points that are raised in the
review and consultation process.
The response of the Staff 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 dis-
position of significant environmental issues raised (e.g.,
revisions to the proposed project to mitigate anticipated im-
pacts or objections). In particular the major issues raised
when the Staff's position is at variance with recommendations
and objections raised in the comments must be addressed in
detail giving reasons why specific comments and suggestions
were not accepted, and factors of over-riding importance
warranting an over -ride of the suggestions.
(3) By Whom Prepared. Ordinarily the final EIR should
be prepared by the Staff. However, where appropriate, the
Staff may arrange to have the final EIR prepared by a private
expert in the field. In that event the fee charged by such
expert shall be borne by the person or agency proposing to
carry out the project.
J. Public Hearings. With respect to any project concerning
which the District must hold a public hearing prior to the
approval or disapproval thereof, if an EIR has been submitted
with respect thereto then a public hearing shall also be held
on the EIR. The hg:aring on the EIR may be held concurrently
with the hearing on the project. The requirements of notice
and the procedural rules governing hearings on -projects shall
also govern hearings on EIR`s.
With respect to all other projects, no public hearing
shall be required on the EIR's submitted in connection there-
with. However, if the Board determines that a public hearing
on such an EIR would be desirable, in light of the purposes
and provisions of this Resolution, it may require that the
.same be held.
X. Adoption of Final EIR; Decision on Project. Following
the preparation of the final EIR, it shall be presented to
the Board. (If additional comments with respect to the EIR
are made at a public hearing on the EIR, those comments and
the responses thereto should be included in the official
minutes of the hearing; and a copy of those minutes should
be attached to and made a part of the final EIR.) If the
Board finds the EIR insufficient, either the EIR should be
modified by the Board or the specific areas in which more
information is required should be noted, and the EIR referred
back to the Staff for the necessary modifications. If the
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Board finds the final EIR to be in order, the same shall be
adopted and the proposed project may then be approved or
disapproved.
L. Notice of Determination. Following approval or disapproval
of the project, the District shall cause to be prepared a
Notice of Determination on a form attached hereto as Exhibit
"C" which shall contain the following:
(1) The decision of the District to approve or disapprove
the project;
(2) The determination of the District as to whether the
project will or will not have•a significant effect on the
environment; and
(3) A statement of whether 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.
M. Costs. As to projects covered by Section 21 A (2)
and (3), the person or entity proposing to carry out the pro-
ject requiring approval by the District shall bear all costs
incurred by the District in preparing and filing the EIR, as
well as all publication costs incident thereto.
ARTICiT.,E VII - CATEGORICAL EXEMPTIONS
Section 31. Exemptions. The following classes of projects, in
accordance with and pursuant to Article 8 of the Guidelines,
have been determined not to have a significant effect on the
environment, and therefore are declared to be categorically
exempt from the requirement of preparing a negative declara-
tion 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 Guidelines.
Class 1: Existing Facilities. Class 1 consists of the
operation, repair, maintenance or minor alteration of exist-
ing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or
no expansion of use beyond that previously existing, including
but not limited to:
(1) water conveyance facilities;
(2) water connection facilities, including meter
boxes;
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(3) fire hydrants;
(4) storage reservoirs;
(5) pump stations;
(6) buildings; and
(7) treatment plants.
Class 2: Replacement or Reconstruction. Class 2
consists of replacement or reconstruction of existing struc-
tures and facilities where the new structure or facility will
be located on the same site and will have substantially
the same purpose and capacity as the structure or facility
replaced or reconstructed, including but not limited to:
(1) water conveyance facilities;
(2) water connection facilities, including meter
boxes;
(3) fire hydrants;
(4) storage reservoirs;
(5) pump stations;
(6) buildings; and
(7) treatment plants
Class 3: New Construction of Small Structures. Class 3
consists of construction of new facilities or structures and
installation of new equipment or facilities, including, but
not limited to:
(1) water main extensions to serve a newly con-
structed single family residence; and
(2) connecting facilities, including meter boxes,
to serve a newly constructed single family
residence.
Class 4: Minor Alterations to Land. Class 4 consists
of minor public or private alterations in the condition of
land, water and/or vegetation, including but not limited to:
(a) Grading on land with a slope of less than 10
CKM
percent, except where it is to be located in a water-
way, 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;
(b) New gardening or landscaping but not including
tree removal;
(c) Filling of earth into previously excavated land
with material compatible with the natural features of
the site;
(d-) 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; and,
(e) Minor temporary uses of land having negligible or
no permanent effects on the environment.
Class 5: Information Collection. Class 5 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 may be for strictly information gathering purposes, or
as part of a study leading to an action which a public agency
has not yet approved, adopted or funded.
Class 6: Inspections. Class 6 consists of activities
limited entirely to inspection, to check for performance of
an operation, or quality, health or safety of a project,
including related activities.
Class 7: Accessory Structures. Class 7 consists of
construction or placement of minor structures accessory or
appurtenant to existing commercial, industrial, or institu-
tional facilities.
Class 8: Surplus Government Pro2erty Sales. Class 8
consists of sales of surplus government property except for
parcels of land.
Section 32. New Exemptions. The Board may, from time to time,
upon the recommendation of the Staff, identify additional
types'of projects which have been determined not to have a
significant effect on the environment and which are exempt
from the requirements of this resolution.
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ARTICLE VIII - SUBSEQUENT EIR'S
Section 33. where an EIR has been prepared, no additional EIR
need be prepared unless:
A. Substantial changes are proposed in the project which
will require major revisions of the EIR, due to the involve-
ment of new environmental impacts not considered in the
original EIR.
B. There are substantial changes with respect to the cir-
cumstances 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 involve-
ment of new environmental impacts not covered in the original
EIR.
ARTICLE IX
USE OF A SINGLE EIR FOR MORE THAN ONE PROJECT
Section 34.
A. Two Projects Undertaken at the same Time. A single
EIR may be utilized to describe more than one project when
the projects are essentially the same in terms of environmental
impacts. Any environmental impacts peculiar to any one of
the projects must be separately set forth and explained.
B. Later Projects. An EIR on an earlier project may be
utilized to apply to a later project if the environmental
impacts of the projects are essentially the same. If there
are environmental impacts applicable to the later project
which were not associated with the earlier project, the
earlier EIR must be amended to separately set forth and
explain said impacts. In this respect it is recognized that
the considerations facing the Board will vary depending on
-the precise approval being requested. It will therefore
frequently be appropriate to prepare a basic EIR for the
proposed activity and to supplement the same with appropriate
amendments at the various stages of approval.
ARTICLE X - PARTIAL INVALIDITY
Section 35. In the event any part or provision of this Resolution
shall be determined to be invalid, the remaining portions of
the Resolution which can be separated from the invalid un-
enforceable provisions, shall nevertheless continue in full
force and effect.
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--------------------------
+.
ENVIRONMENTAL EVALUATION (SHORT FORM)
---------------------------------------
Name
--_ .,_.-_________________..____---------Name of Project Proposer:
Address:
Nature and Description of Project:- ' ..... ..............
Address of Project:
(If Legal Description, Please Attach Separately)
Action by the District necessary for Project Implementation:
r
�. Is the Project of such significance that it will have a non -trivial
effect on the environment of the District?
r
Project Proposer: Yes No
District Yes No
If the ansiaer is yes, a full environmental impact
statement evaluation should be completed.
What is the environmental impact of the proposed project or action?
i
Are there any adverse environmental effects which cannot be avoided
if the proposal is implemented? If yes, what are they?
What mitigation measures are proposed to minimize the impact?
What are the alternatives to the proposed action or project? (That
is, other than not doing it at all?)
What is the relationship between local short-term uses of man's
environment and the maintenance and enhancement of long-term
productivity? (Will the proposed short term use deter from the
maintenance and enhancement of long-term environmental goals?)
�__ I
Are there any irreversible environmental changes which would he
involved in the proposed action or project should it be implemented?
How will the proposed project foster economic or population growth,
either directly or indirectly, in the community?
•
•
(District)
(Address)
STATEMENT OF NON -APPLICABILITY
Name of Project
Location
Entity or Person Undertaking Project:
1) Name
2) Address
EXHIBIT "B"
Staff Determination
The undersigned, having undertaken and completed a preliminary
review of this project in accordance with District's Resolution
entitled "Resolution of the Board of Directors -of Orange County
Water District Adopting Objectives, Criteria and Procedures Imple-
menting the California Environmental Quality Act" has concluded
that this project does not require further environmental assess-
ment by this District because:
[J 1. The proposed action does not constitute a project
within the meaning of Section 21..
[] -2. The project ,is.a Ministerial Project under Section 4.
[J .3. The project is an Emergency Project under Section 24.
[] 4. The project constitutes a feasibility or planning study
under Section 25.
[] 5. The project is Categorically Exempt under Section 31.
Applicable Exemption Class
[J 6.' The project involves another public agency which constitutes
the lead agency.
Name of Lead Agency
DATE:
(TITLE)
EX11I131T "C"
(DISTRICT)
NOTICE Or hETE.M1INATION
Description of Project:
Name of Applicant:
This Project was (approved or disapproved) by (issuing.body or
person) on (date). It was determined by the (issuing body or person)
that the project (will or will not)' have a'significant effect
on the environment.
A Environmental
n Impact Report(was-, was not) prepared for this
project pursuant to the provisions of the California Environmental