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HomeMy WebLinkAboutResolution 90-424 12/17/1990i -,: .~~ Resolution No. 90-424 N ~.5. of the City of Petaluma, California 1 2 A RESOLUTION AMENDING THE ENVIRONMENTAL REVIEW 3 GUIDELINES TO ADOPT A PROCEDURE FOR MONITORING 4 CONDITIONS IMPOSED TO MITIGATE OR AVOID SIGNIFICANT 5 EFFECTS ON THE ENVIRONMENT 6 7 WHEREAS, legislation has been enacted as Public Resources Code Section 21081.6 8. requires public agencies to adopt a program for monitoring projects for which conditions 9 were required in order to mitigate or avoid significant adverse effects on the environment. 10 11 WHEREAS, the Environmental Review Guidelines for the implementation of the 12 California Environmental Quality Act were adopted by the Petaluma City Council as 13 Resolution No. 87-339 in accordance with the provisions of the California Environmental 14 Quality Act of 1970, as amended; and. 15 16 WHEREAS, the City Council has reviewed this amendment to the Environmental Review 17 Guidelines to establish a mitigation monitoring program, and has determined that said 18 amendment has been prepared in accordance with the provisions of the California 19 Environmental Quality Act of 1970, as amended, and complies with Section 21081.6 of the 20 California Public Resources Code. 21 22 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Petaluma that 23 Section 15.0.0 is hereby adopted and added to the Environmental Review Guidelines to 24 establish a mitigation monitoring procedure, as follows: 25 26 SECTION 15.0.0 MITIGATION MONITORING PROCESS 27 28 15.1.0 POLIO' STATEMENT 29 30 It is the policy of the City of Petaluma to provide an adequate monitoring process for all 31 measures required to mitigate potential significant adverse impacts from development 32 projects as required by Section 21081.6 of the California Public Resources Code. 33 34 Whenever a project is proposed for which changes are required or conditions imposed in 35 order to mitigate significant adverse identified impacts, a monitoring plan shall be adopted 36 by the City prior to approval of the project. At a minimum this plan shall include a 37 description of the following: 38 1 kes. No. .....9..'4.24...... N.C.S. A. Impact to be mitigated (only if the mitigation measure requires a change in the project or imposition of a condition). B. Mitigation measure or action to be monitored, including the required change or condition(s). C. Method of monitoring, including a statement as to who will monitor or report, qualifications or position of the monitor, when the monitoring or reporting will be done, and need or frequency of any project site visits. D. The anticipated costs and the timing of the payment. The plan shall include identification of the type of personnel or firms to be paid, if appropriate, projected costs, who is responsible for payment of costs and the anticipated number of inspections, etc. 15.2.0 MITIGATI®N M®NIT®RING PLAN PR®CESS A. Adoption and implementation of a mitigation .measures and/or conditions of approval and monitoring plans shall be undertaken as follows: 1. At time it conducts environmental review (i.e., issuance of a negative declaration or adoption of an EIR) the approving body of the City shall impose conditions to eliminate or reduce significant adverse impacts to a level of insignificance. 2. Review and approval of a monitoring plan shall be completed, by the City Council prior to approval of any project specific action (e.g.: General Plan amendment, rezoning). 3. Implementation of a monitoring plan, if required through the certification process for an Environmental Impact Report, shall be commenced, under the direction and authority of City staff, in a timely manner after certification of said EIR. B. The following process shall be pursued for the timely completion of a mitigation monitoring plan: REso. 90-424 N.C.S. 2 1 2 1. In the case of preparation of an Environmental Impact Report, review and 3 approval of the monitoring plan should occur subsequent to the certification 4 of the FEIR but shall occur concurrent with or prior to project approvals by 5 the City. If a FEIR is certified but a project is thereafter denied, no further 6 action on a mitigation monitoring plan is required. 7 8 2. In the case of the issuance of a Negative Declaration with conditions of 9 approval that require monitoring, the plan shall be included either as part of 10 the written, adopted conditions of approval or as a separate document 11 adopted by reference into the conditions of approval, concurrently with the 12 project approval by the applicable reviewing body (e.g., Site Plan and 13 Architectural Review Committee, Planning Commission, City Council, or 14 administratively by the. Community Development Department). If a 15 Negative Declaration is approved but a project is thereafter denied, no 16 further action on a mitigation monitoring plan is required. 17 18 C. It is herein recognized that mitigation monitoring may entail the identification of 19 project specific conditions that include a timetable for completion of the mitigation 20 measure and do not require a separate monitoring program and/or plan beyond 21 normal City review and inspection procedures. 22 23 15.3.0 ROLES AND IZESPONSIBIL.I'I'IES 24 25 It shall be the responsibility of the Community Development Department to ensure 26 preparation and adoption of the mitigation monitoring plan and the follow-up, as needed,ii 27 to ensure monitoring occurs and mitigation measures are undertaken and completed. 28 29 A. Preparation of the mitigation monitoring plan shall be undertaken by the following 30 process: 31 32 1. In the case of preparation of an Environmental Impact Report or focused 33 studies, preparation of the Mitigation .Monitoring Plan shall be included 34 within the contract for professional services for completion of the EIR or 35 focused studies. Cost of plan preparation shall be borne by the project 36 sponsor/developer per Section 15.7.0. Reso. 90-424 N.C.S. 3 1 2 2. In the case of the issuance of a Negative Declaration, the Mitigation 3 Monitoring Plan shall be prepared by City staff. Cost of plan preparation 4 shall be borne by the project sponsor/developer per Section 15.7.0. 5 6 15.4.0 REPORTING RE UIREMENTS 7 8 The Community Development Department shall be responsible for maintaining 9 information which includes mitigation measures and/or conditions which have not been 10 completed. This information shall include those conditions and/or mitigations which 11 provide for proportionate fair share contribution to ensure completion based upon "future, 12 as needed". This information will be made available upon request to the general public, 13 Site Plan and Architectural Review, Planning Commission and City Council. 14 15 15.5.0 MEC~IANICS OF MONITORING 16 17 The following process will be undertaken to ensure mitigation monitoring occurs: 18 19 A. Building Inspection Division: All environmental conditions which by their terms 20 require review and completion by the Building Inspection Division as part of its plan 21 check, building permit issuance or certificate of occupancy review will be checked by 22 the Building Division for completion. Other City departments or divisions, as 23 appropriate, will advise the Building .Inspection Division that certain conditions 24 have been completed. The project will not receive a certificate of occupancy if these 25 conditions are not completed. 26 27 B. Planning Division: Planning Division staff will review the environmental conditions 28 of approval for a given project which, by their terms, are not required to be 29 completed before issuance of certificate(s) of occupancy. Planning Division staff 30 will monitor these environmental conditions and as these conditions are. completed, 31 the specific condition will be removed from the summary report prepared under 32 Section 15.4.0. 33 34 C. For projects of a magnitude precluding adequate mitigation monitoring review by 35 City staff, the Community Development Director may require the use of a 36 consultant for monitoring the implementation of the mitigation measures. If so Reso. 90-424 N.C.S. 4 4" 1 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 deemed to be appropriate by City staff, the project sponsor/developer shall then be required to provide a cash deposit to cover the cost of monitoring and administrative fees. Amount and timing of payment shall be determined by City staff. Means of insuring that the project sponsor/developer provide for payment of ongoing monitoring costs shall be implemented to the Community Development Director's approval prior to or concurrently with project approval (e.g.: through cash deposit, recordation of payment agreement, incorporation of monitoring costs into a landscape assessment district). D. It is hereby recognized that conditions placed on certain projects may present a need for enforcement and/or monitoring long after the project is completed and functioning. However, it is further recognized that certain conditions may occur which are not intended to be enforced immediately. Therefore, it is the intent of this section to enable the Planning Division to require the applicant/developer to enter into a contract to perform these conditions. Said contract, if deemed appropriate by the City, shall be recorded against the project site so as to be identified in title as a responsibility of the project site landowner which arises on commencement of the project. The contract shall run with the land until such time as a release of said contract is recorded by the City of Petaluma. E. Whenever an agency other than the City requests a mitigation measure be imposed as a condition of approval, monitoring shall be considered complete and adequate upon written confirmation by that agency that the impact has been mitigated to the requesting agency's satisfaction. 15.6.0 ENFORCEMENT' 28 A. Failure to comply with the adopted conditions of approval, or the lack of timely 29 completion on the part of the applicant/developer, shall result in the use of the 30 following procedure: 31 32 1. At the discretion of the Community Development Director, astop-work 33 order may be issued to the project sponsor/developer for the portion of the 34 project involved in the possible mitigation measure violation. 35 Reso. 90-424 N.C.S. 2. At the request of the Community Development Department, the department, agency or private consulting firm responsible for monitoring shall report (whether or not it is the normal time designated in the monitoring plan for reporting) to the Community Development Department the facts surrounding the non-compliance. 3. Upon receipt of the monitoring report, the Community Development Director shall request that the City Clerk place the report on the City Council agenda and notify the project sponsor/developer of this action. The Community Development Department shall also notify any persons who have requested such notification. 4. The City Council shall consider the report and any information presented by staff and/or the project sponsor/developer and shall determine whether or not there is a violation of the project approval. 5. If no violation is found, the project sponsor/developer shall be so notified in writing. 6. If a violation is found that can be corrected, the project sponsor/developer will be notified of the needed correction in writing and will be given a reasonable period of time (normally 10 days) in which to correct the violation. 7. If a violation is found that the Community Development Director determines cannot be corrected, or if the Community Development Director determines that the project sponsor/developer has failed to correct a violation according to Section 15.6.0(a)(6) above, the City Attorney shall pursue all available legal remedies. B. The enforcement procedure and timing of enforcement shall be included in each monitoring plan since situations vary from project to project. It is recognized that generally, implementation of most mitigation measures and monitoring is anticipated to be completed prior to final approval of a project (e.g., inspection of a building(s), acceptance of public improvements). Reso. 90-424 N.C.S. 6 1 2 15.7.0 FEES 3 4 Actual costs associated with administration of monitoring plan shall be set forth within 5 each approved monitoring plan. Costs associated with the administrative portion of 6 monitoring plan preparation shall be direct time and materials costs if prepared by City 7 staff; or shall constitute fifteen percent (15%) of the cost of the contract for plan S preparation if outside consultants are utilized. 9 10 11 12 13 envrev/pam2/council-5 Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution, was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (~~.)o~xzx~~;~#i~~) meeting form on the ....---..-.L7-zh::.. day of ..................11e-ce~nber-.......-........-..-, 19..-9~, by the --~ -~ following vote: .....------------------ -- - - • - City Attorney AYES: Balshaw, Sobel, Davis, Woolsey, Tencer, Vice Maypr Cavanagh, Alayor Hilligoss NC+ES: 0 ABSENT: 0 ATTEST: .-._..----C~s~c..,~.k..1 ............................ Cit ~Q ~~~~~ Mayor 7 CA 10-85 Council File.....-----•---•---•----°-........ Res. No. ...9.4 ~.[}.~.~......... N.C.S.