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Resolution Number OCWD NO. 4 72-2-25-1U 2 3 4I 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 72-2-25-1 RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY WATERWORKS DISTRICT NO. 4 ADOPTING ENVIRONMENTAL IMPACT REPORT GUIDELINES WHEREAS, the Secretary for Resources of the State of California has prescribed certain regulations implementing the Environmental Quality Act of 1970, and setting forth guidelines for the preparation and evaluation of Environmental Impact Reports; and WHEREAS, Orange County Waterworks District No. 4 is required to adopt guidelines for the evaluation of projects and the preparation and review of Environmental Impact Reports pursuant to the aforesaid regulations and in accordance with Sections 21000 through 21174 of the Public Resources Code; and WHEREAS, Orange County Waterworks District No. 4 has heretofore adopted, by reference, the ENVIRONMENTAL IMPACT REPORT GUIDELINES of the City of San Juan Capistrano; and WHEREAS, the Secretary for Resources has amended his regulations relating to Environmental Impact Reports which amendments have been included in the ENVIRONMENTAL IMPACT REPORT GUIDELINES, ORANGE COUNTY WATERWORKS DISTRICT NO. 4, dated February 25, 1974. NOW, THEREFORE, BE IT RESOLVED that the aforesaid ENVIRONMENTAL IMPACT REPORT GUIDELINES, a copy of which is on file with the Clerk of the Board of Directors, be and is hereby adopted as the ENVIRONMENTAL IMPACT REPORT GUIDELINES for Orange County (Waterworks District No. 4. PASSED, APPROVED, AND ADOPTED this 25th day of February, 1974, by the following vote, to -wit: AYES: DIRECTORS, CHERMAK, GAMMELL, THORPE, WEATHERS, BYRNES ABSENT: DIRECTORS, NONE NAPES: DIRECTORS, NONE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) I. VIRGINIA MEADOWS, Clerk of the Board of Directors of Orange County Waterworks District No. 4, hereby certify and declare that the above and foregoing resolution was duly adopted by the unanimous vote of the Board of Directors at a regular meeting thereof had and held on the 25th day of February, 1974, at the hour of 6:00 o'clock p.m. VIRGINIA MEADOWS, Clerk Orange County Waterworks District No. 4 -2- By: -- E I R ENVIRONMENTAL IMPACT REPORT GUIDELINES ORANGE COUNTY WATER WORKS NO. 4 U ARTICLE 1. General Section 1.1 Authority The regulations contained herein are those prescribed by the Secretary for Resources pursuant to authority granted in Public Resources Code Section 21083 and modified by Orange County Water Works District No. 4 as authorized by same for the implementation of the Environ- mental Quality Act of 1970 (CEQA) dealing with environmental quality, the evaluation of projects, and the preparation and evaluation of Environmental Impact Reports (EIR's). ARTICLE 2. Purpose Section 2.1 Purpose The purpose of these Guidelines is to provide the principles, ob- jectives, criteria and definitions to be used by the Orange County Water Works District No. 4 in the implementation of the California Environmental Quality Act of 1970, Public Resources Code Sections 21000-21174 as amended by Chapter 1154 of the statues of 1972 (AB 889). Implementation of the act includes the orderly evaluation of projects and the preparation of EIR's. The adoption of these principles, objectives, criteria and definitions shall provide for the orderly evaluation of projects and the preparation of EIR's, and are consistent with CEQA and the State Guidelines for implementation of CEQA. ARTICLE 3. Policy Section 3.1 Policy_ An Environmental Impact Report is an informational document which, when fully prepared in accordance with CEQA and these Guidelines, will inform public decision -makers and the general public of the environmental effects of projects they propose to carry out or ap- prove. The EIR process is intended to enable the District to evalu- ate a project to determine whether it may have a significant effect on the environment, to examine and institute methods of reducing adverse impacts, and to consider alternatives to the project as pro- posed. These things must be done prior to approval or disapproval of the project. An EIR may not be used as an instrument to rationalize approval of a project, nor do indications of adverse impact, as en- unciated in an EIR, require that a project be disapproved. While CEQA requires that major consideration be given to preventing environ- mental damage, it is recognized that the District has obligations to balance other public objectives, including economic and social factors in determining whether and how a project should be approved. Econom c information may be included in an EIR or may be presented in whatever form the District deems appropriate. -' - I U U Section 3.2 Early Preparation An EIR is a useful planning tool to enable environmental constraints and opportunities to be considered before project p;ans are finalized. Therefore EIR's shall be prepared early in the planning process to enable environmental considerations to influence project program or design. Section 3.3 Terminology The following words are used to indicate whether a particular subject in the Guidelines is mandatory, advisory or permissive: (a) "Must" or "shall" identifies a mandatory element which the District is required to follow. (b) "Should" identifies guidances provided by the State Secretary for Resources based on policy considerations contained in CEQA, in the legislative history of the statute, or in federal court decisions which California courts can be expected to follow. The District shall follow this guidance unless compelling countervailing considerations dictate otherwise. (c) "May" identifies a permissive element which is left fully to the discretion of the District. ARTICLE 4. Definitions Section 4.1 General Whenever the following words are used in these Guidelines, unless otherwise defined, they shall have the meaning ascribed to them in this Article. These definitions are intended to clarify but not replace or negate the definitions used in CEQA. Section 4.2 Applicant Applicant means a person who proposes to carry out a project which needs a lease, permit, license, certificate or other entitlement to use approved by the District. Section 4.3 Approval Approval means the decision by the District which commits the District to a definite course of action in regard to a project intended to be carried out by any person. The exact date of approval of any project is hereby determined to be the time at which legislative action is taken in regard to a project, which results in the 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. Section 4.4 CEQA - California Environmental "Quality Act California Environmental Quality Act (CEQA) means California Public Resources Code Sections 21000 through 21174. Section 4.5 Catergorical Exemption Categorical Exemption means an exception from the requirements of CEQA for a class of projects which does not have a significant effect on the environment and which are listed in a separate section of this document. Section 4.6 Discretionary Proiect Discretionary project means an activity defined as a project which requires the exercise of judgment, deliberation, or decision on the part of the District in the process of approving or determining to carry out a particular activity. Section 4.7 Emergency Emergency means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, property or essential public services. Section 4.8 Environment 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, or objects of historic or aesthetic significance. Section 4.9 Environmental Documents Environmental Documents means Draft and Final EIR's, Initial Studies, Negative Declarations, Notices of Completion, and Notices of Determination. Section 4.10 EIR - Environmental Impact Report Environmental Impact Report (EIR) means a detailed statement setting forth the environmental effects and considerations pertaining to a project. 1. Draft EIR means an EIR containing the information specified in these Guidelines. 2. Final ETR means an EIR containing the information specified in these Guidelines, a section for comments received in the consultation process, and the response of the District to the comments received. , -3.- U Section 4.11 EIS - Enfironmental Impact Statement Environmental Impact Statement (EIS) means an environmental impact report prepared pursuant to the National Environmental Policy Act (NEPA). The Federal Government uses the term EIS in place of the term EIR which is used in CEQA. Section 4.12 Feasible Feasible means capable of being accomplished in a successful manner by reasonably available, economic and workable means. Section 4.13 Initial Study Initial Study means a preliminary analysis prepared by the District pursuant to Section 6.1 to determine whether an EIR or Negative Declaration must be prepared. Section 4.14 Lead Agency Lead Agency means the public agency which has the principal responsi- bility for preparing environmental documents and for carrying out or approving a project which may have a significant effect on the environ- ment. Section 4.15 Local Agency Local Agency means any public agency other than a state agency, board or commission. Local agency includes but is not limited to cities, counties, charter cities and counties, districts, school districts, special districts, redevelopment agencies and any board, commission, or organizational subdivision of a local agency when so designated by order or resolution of the governing legislative body of the local agency. Section 4.16 Ministerial Projects Ministerial projects as a general rule, include those activities defined as projects which are undertaken or approved by a governmental decision which a public officer or public agency 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 agency must act upon the given facts without regard to his 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. Section 4.17 Negative Declaration Negative Declaration means a statement by the District briefly presenting the reasons that the project, although not otherwise exempt, would not have a significant effect on the environment and therefore does not require an EIR. A copy of the Negative Declaration form is included in these Guidelines. Section 4.18 Notice of Completion Notice of Completion means a brief report Resources as soon as a public agency has prepared to send out copies for review. included in these Guidelines. Section 4.19 Notice of Determination filed with the Secretary of completed a draft EIR and is A copy of this notice is Notice of Determination means a brief notice when it approves or determines to carry out to the requirements of CEQA. A copy of this these Guidelines. Section 4.20 Person filed by the District a project which is subject notice is included in Person includes any person, firm, association, organization, partner- ship, business, trust, corporation, company, district, county, city, town, the State, and any of the agencies' political subdivisions of such entities. Section 4.21 Project Project means the whole of an action, resulting in physical impact on the environment, directly or ultimately, that is any of the following: 1. An activity directly undertaken by any public agency in- cluding but not limited to public works construction and related activities, clearing or grading of land, improve- ments to existing public structures, enactment and amend- ment of zoning ordinances, and the adoption of local General Plans or elements thereof; 2. An activity undertaken by a person which is supported in whole or in part through public agency contracts, grants, subsidies,. loans or other forms of assistance from one or more public agencies; and 3. An activity involving the issuance to a person of a lease, permit, license, certificate or other entitlement for use by one or more public agencies. Project does not include: 1. Anything specifically exempted by state law; 2. Proposals for legislation to be enacted by the state legislature; and 3. Continuing administrative or maintenance activities, such as purchases for supplies,personnel-related actions, emer- gency repairs to public service facilities, general policy and procedure making (except as they are applied to specific instances covered above), feasibility or planning studies. -5- 4. The submittal of proposals to a vote of the people of the State or of a particular community. The term "Project" refers to the underlying activity and not to the governmental approval process. Section 4.22 Public Agency Public agency includes any state agency, board or commission and any local or regional agency, as defined in these Guidelines. It does not include the courts of the State. This term does not include agencies of the Federal government. Section 4.23 Responsible Agency Responsible agency means a public agency which proposed 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 4.24 Significant Effect Significant effect means a substantial adverse impact on the environment. ARTICLE 5. Application of the Act to Projects Section 5.1 General Rule The requirements set forth in these Guidelines apply to all projects private and public which may have a significant effect on the environ- ment and which involve discretionary governmental action by the Orange County Water Works District No. 4. Where it can be seen with certainty that the activity in question will not have a significant effect on the environment, the preparation and review of EIR's do not apply. Where a project has been determined to have a significant effect on the environment, the City will prepare an EIR by its own efforts or by contract. However, the District may require the applicant to supply data and information to determine whether project may have a significant impact on the environment, and/or to assist in the pre- paration of an EIR by the District. Section 5.2 Subsequent EIR and Degree of Specificity Where an ESR has been prepared, no additional EIR need be prepared unless: 1. Substantial changes are proposed in the project which in- volve new environmental impacts not considered in a previous EIR. 2. 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 involve new environmental impacts not covered in a previous EIR. The degree of specificity in an EIR will correspond to the degree of specificity involved in the underlying activity which is described in the EIR. Although no additional EIR need be prepared on sequential projects at the same location, such as a tentative tract map following a rezone, the District may require additional environmental informa- tion of greater specificity from an applicant when it considers a new project as part of a sequence. Section 5.3 Use of a Single EIR The District may employ a single EIR to describe more than one project, if (1) such projects are essentially the same in terms of environ- mental impact, and (2) similar environmental conditions exist. Further, the District may use an earlier EIR prepared in connection wib an earlier project to apply to a later project, if the circumstances of the projects are essentially the same. Those charged with preparing and processing environmental impact data are urged to refer to previous EIR's as a source of base data in order to eliminate dupli- cation of effort and simplify the preparation of future EIR's. Section 5.4 Ongoing Project A project as defined in Section 4.18, paragraph 1 of these Guidelines, approved prior to November 23, 1970, shall require an EIR or a Negativ(-") Declaration if the project may have a significant effect on the environmant, and either of the following conditions exist: 1. A substantial portion of public funds allocated for the project has not been spent and it is still feasible to modify the project in such a way as to mitigate against potentially adverse environmental effects, or to choose feasible alternatives to the project, including the al- ternative of "no project" or halting the project; or 2. A public agency proposes to modify the project in such a way that the project might have a new significant effect on the environment. Where a project has been granted a discretionary governmental approval for part of the project before April 5, 1973, and required another discretionary governmental approval by the City after April 5, 1973, the project shall requiro an EIR or Negative Declaration only if the approval or approvals after April 5, 1973 involve a greater degree of responsibility or Control over the project as a whole than did the approval or approvals prior to that date. An EIR which has been completed or on which substantial work has been performed on or before February 15, 1975, in compliance with District procedures as adopted April 51 1973, shall be deemed to be in com- pliance with these Guidelines. No further EIR shall be required except as provided under conditions 1 and 2 above. -7- ARTICLE 6. Evaluating Projects Section 6.1 Initial Stud If the project does not qualify for a Categorical Exemption, the District shall conduct an Initial Study to determine if the project may have a significant effect on the environment. The District may require the proponent to submit data and information which will enable the District to make this determination. Section 6.2 Determining Significant Effect In evaluating the significance of the environmental effect of a project, the District shall consider both primary and secondary consequences. Primary consequences are immediately related to the project, while secondary consequences are related more to primary consequences than to the project itself. Examples of consequences which may have a significant effect on the environment include the following: 1. The project is in conflict with environmental plans and goals that have been adopted by the Orange County Water Works District No. 4. 2. The project may have a deleterious economic impact on existing public facilities or require substantial ad- ditional public facilities to accommodate the project. 3. The project has a substantial and demonstrable negative aesthetic effect. 4. The project substantially affects a rare or endangered species of animal or plant, or habitat of such species. 5. The project causes substantial interference with the movement of resident or migratory fish or wildlife species. 6. The project breaches published national, state, and/or local standards relating to solid waste or litter control. 7. The project results in a substantial detrimental effect on air or water quality, or on ambient noise level for adjoining areas. 8. The project involves the possibility of contaminating a public water supply system or adversely affecting ground water. 9. The project could cause substantial flooding, erosion or siltation. 10. The project could expose people or structures to major geologic hazards. Section 6.3 Mandatory Findings of Significance In every case where any of the following conditions exist, 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 or curtail the range of the environment. 2. 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. Impacts which are individually limited, but cumulatively considerable. 4. Impacts which cause substantial adverse effects on human beings, either directly or indirectly. Section 6.4 Negative Declaration A Negative Declaration shall be prepared by the District for a project which would ordinarily be expected to have a significant effect on the environment, but which the Environmental Review Board of the District finds on the basis of an Initial Study will have no significant effect on the environment due to circumstances peculiar to the specific project. Section 9.5 describes the content and procedures for Negative Declarations. Section 6.5 Emergency Projects The following emergency projects are exempt from the requirements of CEQA, and no EIR is required: 1. Projects to maintain, repair, restore, demolish or replace property or facilities damaged or destroyed as a result of a disaster in a disaster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1, Title 2 of the Government Code. 2. Emergency repairs to public service facilities necessary to matnrain service. 3. Project4 undertaken as immediate action necessary to prevent or mitigate an emergency. Section 6.6 Ministerial Proiects Ministerial projects are exempt from the requirements of CEQA and no EIR is required. The following actions are ministerial in nature: -9- 1. Issuance of building permits. U 2. Issuance of business licenses. 3. Approval of final subdivision maps. 4. Approval of individual utility service connections and disconnections. 5. Issuance of use and occupancy permits. 6. Approval of site plans and architectural review. 7. Issuance of sign permits. 8. Extensions of approved land use permits. 9. Extension of permits for uses such as temporary sales offices, etc. ARTICLE 7. Categorical Exemptions Section 7.1 Categorical Exemptions The Orange County Water Works District No. 4 has found that the following classes of projects listed in this Article do not have a �J significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of an EIR. Section 7.2 Class 1: Existing Facilities Class 1 consists of the repair, maintenance or minor alteration of existing public or private structures, facilities, mechanical equip- ment or topographical features involving negligible expansion of use beyond that previously existing. Examples include: 1. Interior or exterior alterations involving interior partitions, plumbing and electrical conveyances. 2. Existing facilities of both investor, and publicly owned utilities used to provide electric power, natural gas, sewage or other public utility services. 3. Existing highways and streets (within already established rights-of-way) sidewalks, gutters, bicycle and pedestrian trails and similar facilities. 4. Restoration, or rehabilitation of deteriorated or damaged structures, facilities•or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide or flood. -10- 5. Additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structure before the addition or 2500 square feet, whichever is less. b. Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, mechanical equipment (including navigational devices), or topographical features. 7. New copy on existing on and off -premise signs. 8. Maintenance of existing landscaping, native growth and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code). 9. Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris to protect fish and wildlife resources. 10. Fish stocking by the California Department of Fish and Game. 11. Division of existing multiple family rental units into condominiums. 12. Demolition and removal of buildings and related structures except where they are of historical, archaeological or architectural significance as officially designated by Federal, State or local governmental action. Section 7.3 Class 2: Replacement or Reconstruction Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Section 7.4 Class 3: New Construction of Small Structures Class 3 consists of construction of single, new, small facilities or structures and installation of small new equipment and facilities including but not limited to: 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. -11- 1.J U �.J 4. Water main, sewage, electrical, gas and other utility extensions of reasonable length to serve such construction. 5. Accessory structures including garages, carports, patios, swimming pools and fences. Section 7.5 Class 4: Minor Alterations to Land Class 4 consists of minor public or private alterations in the condition of land, water and/or vegetation which do not involve the removal of mature, scenic trees except for forestry and ag- ricultural purposes. Examples include but are not limited to the following: 1. Grading of land, provided said grading does not conflict with the limitations of the Hillside Grading and Development Ordinance of the Orange County Water Works District No. 4, or that the land is located in a waterway, wetland or official- ly designated (by Federal, State or City action) scenic area or in areas of identified geologic hazard. 2. New gardening or landscaping. 3. Filling of earth into previously excavated land with material compatible with the natural features of the site provided said filling does not conflict with limitations of the Hillside Grading and Development Ordinance of the Orange County Water Works District No. 4. 4. 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 wildlife resources of greater fish production. 5. Minor temporary uses of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. 6. Minor trenching and backfilling where the surface is restored. Section 7.6 Class 5: Alterations in Land Use Limitations Class 5 consists of minor alterations in land use limitations, except zoning, including but not limited to: 1. Minor lot line adjustments and set back variances not resulting in the creation of any new parcel nor in any change in land use or density. 2. Issuance of minor encorachment permits. Section 7.7 Class 6: Information Collection Class 6 consists of basic data collection, research, experimental -12- management and resources evaluation activities which do not result in a serious or major distrubrance to an environmental resource. Section 7.8 Class 7: Regulatory Actions for Protection of Natural Resources Class 7 consists of actions taken by regulatory agencies, as authorized by state law or local ordinance, to assure the maintenance, restora- tion, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Construction activities are not included in this exemption. Section 7.9 Class 8: Regulatory Actions for the Protection of the Environment _ Class 8 consists of actions taken by regulatory agencies, as authorized by state law or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environ- ment. Construction activities are not included in this exemption. Section 7.10 Class 9: Inspections Class 9 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 such as inspection for possible mislabeling, misrepresentation or adulteration of products. Section 7.11 Class 10: Loans Class 10 consists of loans made by the Department of Veteran Affairs under the Veteran's Farm and Home Purchase Act of 1943. Section 7.12 Class 11: Accessory Structures Class 11 consists of construction, or placement of minor structures accessory to existing commerical, industrial or institutional facilities. Section 7.12 Class 12: Surplus Government Property Sales Class 12 consists of sales of surplus government property except for parcels of land located in an area of Statewide interest or potential area of critical concern as identified in the Govenor's Environmental Goals and Policy Report of June 1, 1973. Section 7.14 Ministerial Projects All ministerial projects and activities so identified by the District are exempt from the requirement for the preparation of an EIR. Section 7.15 Exception by Location Class 3, 4, 5 and 11 are qualified for Ministerial classification by -13- considerations of where the project is to be located -- a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. There- fore, in such cases the District may determine that a proposed project in one of these classes could have a significiant impact on the environment and further environmental review will be required. ARTICLE 8. Evaluation of Environmental Impact Reports Section 8.1 Review of Environmental Impact Reports 1. Those persons reviewing EIR's shall focus on the sufficiency of the EIR in discussing possible impacts upon the environment, ways in which adverse effects might be minimized, and alternatives to the project, in light of the intent of the act to provide decision - makers with useful information about such factors. 2. Upon completion of reviewing an EIR, it is required that reviewing agencies supply the District with the name of a contact person who is available for later consultation should this prove necessary. Section 8.2 Failure to Comment If any public agency or person who is consulted with regard to an EIR fails to comment within the time specified by the District, and in the absence of a request for a specified extension of time, it shall be assumed said agency or person has no comment. ARTICLE 9. Environmental Impact Report Processing Procedures Section 9.1 General Following are the procedural steps for the environmental report and evaluation process for projects undertaken in the Orange County Water Works District No. 4. A flow chart illustrating the process is included in these Guidelines. Section 9.2 Establishment of Environmental Review Board There is hereby established an Environmental Review Board composed of three (3) members: (1) The City Manager or his appointed representative; (2) the Planning Director or his appointed representa- tive; and (3) The Director of Public Works or his appointed representa- tive. The Environmental Review Board shall be responsible to: (1) Make a determination if a project shallqualify as a Categorical Exemption; (2) make findings and determine if a project shall qualify for a Negative Declaration; (3) to determine that a project may have a significant impact on the environment and require an EIR; (4) make recommendations to the decision-making body as to the adequacy of the EIR; and (5)- assume other duties as assigned by the City Council. -14- Section 9.3 Initial Study- Preliminary Environmental Review The Environmental Review Board shall review proposed projects in order to determine whether the project is exempt from further environmental evaluation. If additional information is necessary to complete this evaluation, the Environmental Review Board may direct the applicant to provide such data as specified by the Board. Section 9.4 Determination of Exemption The Environmental Review Board shall review the project in accordance with guidelines adopted by the California Resources Agency as amended and adopted by the Orange County Water Works District No. 4. If the project qualifies and (1) a Categorical Exemption, (2) an Emergency Project, or (3) a Ministerial Project, the appropriate classification shall be so noted on the Initial Study Form, a copy of which is in- cluded in these Guidelines, and filed with the City Planning Depart- ment. Under any of these classifications, preparation of an EIR is not required. Section 9.5 Negative Declaration and Notice of Determination In the event the project does not qualify for exemption under Section 9.4, the Environmental Review Board shall review the project in accordance with guidelines adopted by the California Resources Agency as amended and adopted by the Orange County Water Works District No. 4 to determine if it qualifies for a Negative Declaration. If it is determined that the -proposed project will not have a signi- ficant effect on the environment, the Environmental Review Board shall have a Negative Declaration prepared. The Negative Declaration shall contain: (1) A description of the project as proposed; (2) a finding that the project will not have a significant impact on the environ- ment; (3) a statement exlaining the reasons for issuance of a Negative Declaration; (45 a statement indicating who prepared the Initial Study upon which the Negative Declaration was based; and (5) where a copy of the Initial Study may be obtained. The Board shall give public notice of the Negative Declaration by posting at the City Hall and with the County Clerk of the County of Orange a notice indicating that the proposed project has been found by the Board to qualify for a Negative Declaration. A copy of the Negative Declaration form is included in these Guidelines. The findings of the Board shall become final unless appealed in writing to the Planning Departmenp _Within ten (10) days of public notice of the action of the Board. The Planning Department shall have the responsibility to set a hearing on the appeal for consideration by the Planning Commission or City Council, whichever body is determined by the Environmental Review Board to most appropriately render a decision on the particular project. Upon final action of the project by the appropriate City body, a Notic(_,�f Determination shall be filed by the District with the County Clerk of the County of Orange. A copy of the Notice of Determination is included in these Guidelines. -15- LIM Section 9.6 Finding of Significance If the Environmental Review Board finds that the project will have a significant effect on the environment, the applicant will be informed that the preparation of an EIR will be required. Section 9.7 Preparation of the Environmental Impact Report Once a finding of significant impact has been made, the District shall prepare or cause to be prepared by contract, the EIR. The applicant will be charged a fee to cover the costs incurred in the preparation and evaluation of the EIR. This fee shall be determined and paid prior to the assignment of the EIR to a consultant or staff. Contractural agreements with a consultant firm shall be part of the consultant agreement. The District may require the applicant to submit data and information necessary to enable the public agency to prepare the EIR. This infor- mation may be transmitted in the form of a Draft EIR, but the District shall examine the information contained within it to assure itself of its accuracy and completeness. Section 9.8 Contents of the Environmental Impact Report 1. Description of Project The description of the project shall contain the following information: a. The precise location and boundaries of the proposed project shown on a detailed topographic map. The location of the project shall also be designated on a regional map. b. A statement of the objectives sought by the proposed project. c. A general description of the project's technical, economic, and environmental characteristics, con- sidering the principal engineering proposals and supporting public service facilities. 2. Description of Environmental Setting The EIR shall include a description of the environment 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 environmental impacts. Special emphasis shall be placed on environmental resources that are rare or unique to the Orange County Water Works District No. 4. -16- 3. Discussion of Environmental Impact n All phases of a project shall be considered when evaluating its impact on the environment: planning, acquisition, de- velopment and operation. The following subjects shall be discussed in separate sections: a. The Environmental Impact of the Proposed Action: The direct and indirect impacts of the project on the environment shall be described giving due con- sideration to both the short-term and long-term effects. Specifics of the area, the resources involved, physi- cal changes, alterations to ecological systems and changes induced in population distribution, popula- tion concentration, the human use of the land (in- cluding commercial and residential development) and other aspects of the resource base such as water, scenic quality and public services shall be included. b. Adverse Environmental Effects Which Cannot Be Avoided sal is Implement Any adverse impacts, including those which can be reduced to an insignificant level but not eliminate shall be described. 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 shall be described. c. Mitigation Measures Proposed to Minimize the Impact: Mitigation measures written into the project plan to reduce significant environmentally adverse impacts to insignificant levels, and the basis for considering these levels acceptable shall be described and analyzed. Where a particular mitigation measure has been chosen from several, alternatives shall be discussed and reasons given for the choice made. d. Alternatives to the Proposed Action: 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 shall be described. The specific alternative of "no project" must always bre evaluated., N -17- e. The Relationship Between Local Short -Term Uses of Man s Environment and t e Maintenance and Enhancement of Long -Term Productivity: The cumulative and long-term effects of the proposed project which adversely affect the state of the environment shall be evaluated. Special attention shall be given to impact which narrow the range of beneficial uses of the environment or pose long-term risks to health or safety. Additionally, the reasons why the proposed project is believed by the sponsor to be justified, rather than reserving an option for further alternatives, shall be explained. f. Any Irreversible Environmental Changes Which Would Be Involved in the Proposed Action Should It Be implemented: Uses of nonrenewable resources during the initial and continued phases of the project may be irrever- sible since a large commitment of such resources makes removal or nonuse thereafter unlikely. Primary impacts and, particularly, secondary impacts gener- ally commit future generations to similar uses. Irreversible damage can result from environmental accidents associated with the project. Therefore, irretrievable commitments of resources shall be evaluated to assure that such current consumption is justified. g. The Growth -Inducing Impact of the Proposed Action: The manner in which the proposed project could foster economic or population growth, either directly or indirectly, in the surrounding environment shall be thoroughly considered. Included, shall be projects which would remove obstacles to population growth. Increases in the population which may further tax existing community service facilities shall be con- sidered. The characteristic of projects which may encourage and facilitate other activities that could significantly affect the environment, either indivi- dually or cumulatively, shall be discussed. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the A-nvironment. 4. Organizations and Persons Consulted The identity of all federal, state or local agencies, other organizations and private individuals consulted in preparing the EIR, and the identity of the persons, firm or agency `.J preparing the EIR, by contract or other authorization shall be listed in the EIR. -18- 5. Water Quality Aspects M With respect to water quality aspects of a proposed project which have been previously certified by the appropriate state or interstate organization as being in substantial compliance with applicable water quality standards, reference to the certification must be made. Section 9.9 Preparation of Draft EIR - Notice of Completion As soon as the Draft EIR is completed, but before copies are sent out for review, the District shall prepare a notice stating that the Draft EIR has been completed and file the notice with the Secretary of the California Resources Agency. This notice shall be referred to as a Notice of Completion, a copy of which is included in these Guidelines. Upon completion of the Draft EIR, the District shall give public notice by posting at the City Hall a notice indicating that the Draft EIR has been completed and is available for review. Written comments must be received within ten (10) days of the date of public notice. Section 9.10 Preparation of Final Environmental Impact Report The District staff or a consultant retained by the District shall pre- pare a Final EIR. This Final EIR shall be a revision to the Draft EIR and shall contain: 1) comments received through the review and consul- tation process; and 2) District and other public agency response to thr-) significant environmental factors raised. Section 9.11 Certification of EIR by Decision -Making Body The Final EIR shall be presented to the decision-making body of the District. The decision-making body shall certify that the Final EIR has been completed in compliance with CEQA and the State Guidelines and that the decision-making body has reviewed and considered the in- formation contained in the EIR. Section 9.12 Public Hearing If consideration of the project involves a public hearing, a public hearing for the EIR shall be publicly advertised and held concurrently. If a public hearing is not required for the project, a public hearing may still be held for the EIR. Such ublic hearing shall be advertised in a local newspaper at least ten (10� days prior to the hearing. Testimony at the public hearings will be made a part of the Final EIR. Section 9.13 Notice of Determination After a final decision has been made on the project by the appropriate District body, a Notice of Determination shall be filed by the District with the County Clerk of the County of Orange. A copy of the Notice of Determination form is included in these Guidelines. -19- U Section 9.14 EIR Combined with Existing Planning and Review Process The EIR process shall be combined with the existing District planning review, and project approval process. The District shall include the EIR as a part of the regular project report where such a report is used in the existing review and budgetary process. Section 9.15 Statement of Overriding Considerations If the District decides to approve a project for which serious adverse environmental consequences have been identified in an EIR, the District may make a statement identifying the other interests that warrant approval in its point of view. If such a statement is made, it should be included in the record of the project approval and may be attached to the notice of determination. -20-