HomeMy Public PortalAboutOrd. 1338ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LYNWOOD AMENDING CHAPTER 25, THE
OFFICIAL ZONING ORDINANCE, OF THE LYNWOOD
MUNICIPAL CODE BY ADDING SECTION 25-32.4
CREATING A CEQA MONITORING PROGRAM FOR
DISCRETIONARY DEVELOPMENT PROJECTS.
WHEREAS, Public Resources Code 21081.6 requires that
all public agencies adopt a reporting or monitoring program for
projects within their jurisdiction which require either an
environmental impact report or a negative declaration;
NOW, THEREFORE, the City Council of the City of
Lynwood does hereby proclaim, order and resolve as follows:
Section 1. Definitions.
1. Designated City Official. This term refers to
member of the City staff chosen by the Director of
Community Development to oversee and enforce the
CEQA Monitoring Program.
2. Mitigation Measures. This term refers to measures
taken by a project proponent to offset adverse
environmental effects identified in a draft EIR or
a negative declaration.
3. Project Proponent. The person or entity which
is developing the property of implementing a
project which falls under CEQA.
4. Responsible Decision-Making Body. Either the City
Council, the Planning Commission, or some other
body or agent to whom the City Council delegates
the decision-making authority concerning that
project.
Section 2. Monitoring Steps. The City of Lynwood's
CEQA monitoring program shall consist of the following steps:
1. The designated city official shall use the draft
EIR or the negative declaration of a proposed project to prepare
a checklist of mitigation measures which need to be met. This
checklist shall then be given to the project proponent.
2. The project proponent and the designated city
official shall agree on a timetable for completion of the miti-
gation measures and for sending updated copies of the checklist
to the designated-city official.
3. The project proponent shall fill in the checklist
as the work progresses and provide updated copies to the
designated city official as agreed in step (2). the designated
city official shall stamp the date received on each updated copy
and place it in the project file.
4. The project proponent will provide written
explanations for those mitigation measures on the checklist
which have not been met.
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5. The designated city official may conduct periodic
unannounced examinations of the project site to verify the
accuracy of the checklists already received.
6. The designated city official shall report the
following violations to the Director of Community Development
who will decide what action to take:
(A) Failure to provide updated checklists on time.
(B) Approve the report and checklists and certify that all
of the project mitigation measures have been met.
(C) Any other conditions which the Director of
Community Development should be aware of.
7. The designated city official shall prepare a
report after the checklist has been completed. This report may
include information of deficiencies, corrective measures taken,
and suggestions for more effective mitigation measures. The
designated city official shall then forward this report, along
with the checklists, to the responsible decision-making body
(i.e., the City Council or the Planning Commission) for its
approval.
8. The responsible decision-making body shall do one
of the following:
(A) Approve the report and checklists and certify that all
of the project mitigation measures have been met.
(B) Resubmit the report and checklists to the designated
city official along with instructions to ensure that
the project proponent does meet the mitigation
The preceding eight step process will be satisfactory
in most cases involving either a negative declaration or a
simple EIR. If a proposed project involves a highly complex,
EIR the city may hire an outside consultant to monitor the
project.
Section 3. Change of Ownership. When an owner of
project site subject to section 2 transfers any part of the
property to another entity or person, the original owner must
notify the designated city official. Such notification shall
include the following:
(A) Full name of the entity or person to whom the property
is being transferred;
(B) Property interest which is being transferred (i.e, fee
simple, easement, etc.);
(C) Date upon which the transfer shall take place.
The entity or person to whom the property interest is
transferred must sign a statement stating that it understands
the mitigation measures which must be satisfied and that it
promises to satisfy those mitigation measures to the same extent
as the original owner and the City agreed upon.
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Section 4. Monitoring Costs. The City may change to
the project proponent the monitoring costs incurred by the City
for that project. Monitoring costs include, but are not limited
to, the cost of City employees' time and the cost of hiring
outside consultants.
SECTION 5. SEVERABILITY. If any section, subsection
subdivision, sentence, clause, phrase, or portion of this
ordinance, or the application thereof to any person or place, is
for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this
ordinance or it application to other persons or places.
The City Council hereby declares that it would have adopted this
ordinance, and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses,
phrases or portions, or the application thereof to any person or
place, be declared invalid or unconstitutional.
First read at regular meeting of the City Council of
said City held on the
6th
day of
February 1990, and finally adopted and ordered published at
a regular meeting of said Council held on the 20th
day of February 1990 by the following vote:
AYES: COONCILMEMBERS HEINE, REA, RICHARDS, WELLS, HENNING
NOES: NONE
ABSENT: NONE
ABSTAIN:
PASSED, APPROVED AND ADOPTED THIS 20th day of February 1990
Robert Henning, -yor
ATTEST:
~'
Andrea L. Hooper, City Clerk
APPROVED AS TO CONTENT:
BARBOSA, City Attorney
APPROVED AS TO FORM:
C ~%~~Jt/`'`~v
Charles G. Gomez
City Manager
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