Loading...
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. disk6l:zoa5 1 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. disk6l:zoa5 2 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 disk6l:zoa5 3