HomeMy WebLinkAboutCity Council - 6408 RESOLUTION NO. 6408
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ESTABLISHING MITIGATION
MONITORING AND REPORTING POLICIES AND PROCEDURES
WHEREAS, California State Legislature has enacted and the
Governor has signed into law, Assembly Bill 3180, codified as
Section 21081. 6 of the California Public Resources Code,
requiring lead or responsible agencies to adopt a reporting or
monitoring program for adopted or required changes to mitigate
or avoid significant environmental effects of projects subject
to CEQA, and
The City Council has reviewed the proposed environmental
monitoring policies and procedures to implement the
requirements of AB 3180, and
The proposed policies and procedures have been evaluated in
accordance with the California Environmental Quality Act and
have been determined to be categorically exempt (CEQA
Guidelines, Section 15308) , and
The proposed policies and procedures promote the public
health, safety and the general welfare;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council
of the City of Huntington Beach as follows :
The mitigation monitoring and reporting program
attached hereto as Exhibit "A" is adopted.
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 16th day
of November 1992.
Mayor
ATTES APPROVEP AS TO FORM:
s
City Clerk City Attorney
EWED D V D: INITIAT ND PROVED:
City Administrator Director of Co unity
Development
SLk 5/92310
C .
Step 5 : Public hearing/final discretionary action
by the Zoning Administrator, Planning
Commission, or City Council. (when
projects require hearing before more than
one body, the final environmental
determination is made by the last body to
take final action) . The decision making
body adopts/certifies the environmental
document and adopts the monitoring program.
Step 6 : Staff begins monitoring during building
permit plancheck; compliance with
applicable mitigation measures verified
prior to permit issuance . Staff shall
verify that all project mitigation measures
are noted or listed on the building plans
and/or subdivision improvement plans .
Step 7 : Staff continues to monitor and report
compliance during construction. If the
mitigation measures are determined by the
Community Development Director to be
ineffective or physically infeasible, the
Director may modify or add mitigation
measures to achieve the intent of the
original mitigation measures .
Step 8 : Staff verifies compliance with applicable
mitigation measures prior to final
inspection sign-off and release of
occupancy.
Step 9 : For some projects, staff continues to
monitor project compliance through periodic
inspection and/or submittal of reports by
environmental consultants , trustee
agencies, and the developer. If, at any
time during monitoring, one or more
violations of the mitigation monitoring
program are identified, appropriate
enforcement techniques are implemented (see
Section III . E. , below) .
Step 10 : when monitoring is complete, project
compliance is recorded on monitoring
checklist, and the documentation is
permanently maintained as public records in
the entitlement files .
Mi,t . Monitoring and
Reporting Program -4- ( 1514D)
6408
EXHIBIT A
CITY OF HUNTINGTON BEACH
MITIGATION MONITORING AND REPORTING PROGRAM
I . OVERVIEW
A. Background. These policies and procedures are
intended to implement the requirements of AB 3180, a
State law which became effective January 1, 1989 .
The law requires that cities and counties adopt
environmental monitoring and reporting programs to
ensure that mitigation measures imposed on a
development project are carried out. Monitoring
requirements apply to those mitigation measures
included in mitigated negative declarations or
environmental impact reports which are necessary to
mitigate potential environmental impacts to a level
of insignificance.
B . Purpose. The mitigation monitoring and reporting
program will carry out the State ' s mandate by: 1)
Ensuring that required mitigation measures are
implemented; 2) Allowing the City and interested
citizens to verify compliance before, during, and
after project construction; 3) Generating
information on the effectiveness of mitigation
measures , allowing the City to modify mitigation
measures for future projects, and 4) Guiding future
decision-making .
C. Applicability. Projects which have received final
planning approval before January 1, 1989 are not
subject to the environmental monitoring
requirements . A mitigation monitoring and reporting
program is required for all subsequent non-exempt
discretionary projects approved by the City which are
subject to a negative declaration or environmental
impact report that includes mitigation measures
necessary to reduce potentially significant
environmental impacts below a level of significance.
Changes to or time extensions for projects approved
before the effective date, where additional
environmental review is required, will also be
subject to monitoring requirements .
D . Authority, Authority to enforce the monitoring
requirements is reserved to local agencies under
Public Resources Code Section 21000 et . seq. together
with CEQA guidelines . The new law is codified in
Public Resources Code Section 21081. 6, and applies to
all cities and counties in California . Council
Resolution No . 6408 was adopted on ,
1992, establishing a mitigation monitoring and
reporting program for the City of Huntington Beach,
and approving the following policies and procedures .
The Community Development Director shall be
responsible for administering and enforcing the
program.
6408
E. Amendment. The City Council may amend this program
at any time to better achieve the intent of AB 3180 .
Proposed changes shall be reviewed and adopted by the
Planning commision and City Council at duly
advertised public hearings .
11 . MONITORING REQUIREMENTS
A. Responsibility. The Community Development Director
shall administer the monitoring and reporting
program, with assistance from other City Departments
as needed. Specific staff responsibilities shall be
clearly defined in each monitoring plan. The
Director may delegate specific responsibilities for
monitoring or reporting to qualified consultants,
consistent with the requirements of objectivity and
technical competence. Private consultants or staff
from other responsible or trustee agencies may be
retained to augment City staff where special
expertise or time demands arise .
The Director of Community Development will oversee
and implement the following:
1. Preparing monitoring/reporting requirements as
part of a project ' s initial study;
2 . Verifying compliance with monitoring
requirements at building plancheck, during
construction, at final occupancy inspection, and
for a specific period after occupancy, as
appropriate for the mitigation involved.
3 . Administering contracts for environmental
consultant services, including environmental
monitoring programs;
4 . Coordinating with other trustee agencies (e.g. ,
Department of Fish & Game, South Coast Air
Quality Management District) to ensure that they
provide a monitoring or reporting program to
accompany their recommended conditions . In some
cases , the trustee agency may be directly
responsible for monitoring and enforcement of
relevant conditions .
Mit . Monitoring and
Reporting Program -2- 1510D)
6408
The decision--making body for a project will review
monitoring programs as part of their final action on
the project. As with mitigation measures, monitoring
requirements may be added, deleted, or changed as
part of a project ' s final approval .
The Director of Community Development will submit an
annual environmental monitoring report to the
Planning Commission and City Council . The report
will summarize the results of the mitigation
monitoring and reporting program, provide information
on program deficiencies and corrective measures
taken, and make suggestions for more effective future
mitigation measures .
B. Monitoring Process. AB 31.80 gives cities wide
latitude in developing "reporting or monitoring"
procedures . Although not defined in the statute, the-
term "reporting" is taken to mean the submittal of
compliance reports by the project developer, while
"monitoring" refers to inspection and documentation
carried out by the City. Either approach, or a
combination of the two may be used .
For most projects, the monitoring process would work
in the following manner :
Step 1 : Planning Division completes the initial
study, including recommended mitigation and
monitoring requirements where appropriate.
Step 2 : Environmental Assessment Committee reviews
the initial study, revises it as necessary,
and makes the environmental determination.
Step 3 : Preparation of an EIR or Negative
Declaration along with appropriate
mitigation measures and monitoring program.
Step 4 : Public review and comment period pursuant
to CEQA Guidelines .
Mit . Monitoring and
Reporting Program -3- (1510D)
6408
III . MITIGATION MONITORING AND REPORTING PROGRAM
The contents of the mitigation monitoring and reporting
program include the following features :
A. Project Dpacription:
A full description of the project and its impact(s) .
B . List of Mitigation Measures :
A listing of every mitigation measure approved by the
decision-making body that certified the subject
environmental document .
C. Procedures/Schedule (Monitoring Actin:
This section shall describe in detail :
I . Identification of the date or other appropriate
time period expected for implementation of each
measure. (If the date of implementation of a
mitigation measure is uncertain, an estimate
should be provided) . Monitoring or reporting
should occur at key City action points, such as
plancheck and final occupancy inspection, and
for some projects, at specified intervals
(quarterly, bi-annually, annually) from the date
of occupancy.
2 . The frequency and duration of required
monitoring .
3 . The standard for determining successful
implementation of each measure shall be clearly
identified.
4 . Relevant reporting procedure and form.
D. RespQnsibility:
1 . The Community Development Director shall
administer the monitoring and reporting program
with assistance from other City Departments as
needed .
2 . Specific staff responsibilities shall be clearly
defined in each monitoring program.
Mit. Monitoring and
Reporting Program -5- t ' 910D)
6408
Res. No. 6408
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I . CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 16th day
of November 19 92 , by the following vote:
AYES: Councilmembers:
Moulton-Patterson, Winchell, Silva, Green, MacAllister
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Robitaille, (vacant seat)
'City Clerk and ex-o ci er
of the City Council of the City
of Huntington Beach, California