HomeMy WebLinkAboutORD-22-91 Mandate Compliance with Orange Mitigation Monitoring ProgramORDINANCE NO. 22-
91 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE MANDATING
COMPLIANCE WITH THE CITY OF ORANGE
MITIGATION MONITORING
PROGRAM WHEREAS, it is the policy of the City of Orange that all new development be
required to comply with all mitigation measures adopted for each project in accordance with
the California Environmental Quality Act;
and WHEREAS, each local government agency is required to monitor such compliance
in accordance with Assembly Bill3l80;
and WHEREAS, the City Council also deems it to be in the public interest that
each developer of real property be required to bear the cost of monitoring that developer'
s compliance with all mitigation measures adopted with respect to that development project;
and WHEREAS, the City Council finds that it is in the bests interests of the public
health,safety and welfare to withhold subsequent development approvals for an development
project where mitigation measures were to have been, but were not, complied with prior to
that approval in order to assure compliance;
and WHEREAS, administration of a mitigation monitoring program is likely to
require flexibility and the ability to adapt to changes in technology, city staffing and the amount
of development occurring at any given time, and therefore, the City Council has determined
that the adoption of a manual of regulations, which may be amended from time to time
by resolution of the City Council will best fill the needs of the
City.NOW THEREFORE THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS
FOLLOWS:
SECTION!.A new chapter 17.95 is hereby added to the Orange Municipal Code to read as
follows:17.
95 MITIGATION MONITORING
PROGRAM 17.95.010
Definitions.As used in this chapter, the following words and phrases shall have the meanings
set forth
CEQA" means the California Environmental Quality Act as in force and amended
from time to time.
Director" means the Director of Community Development or his designee, and/or
such other City staff position as may be given responsibility for managing and enforcing the
Mitigation Monitoring Program in the Mitigation Monitoring Program Manual.
Project" refers to a development proposal subject to government approval defined in
CEQA Statutes and Guidelines Section 15078, partially reproduced as follows:
a) "Project" means the whole of an action, which has a potential for resulting in a
physical change in the environment, directly or ultimately, and that is any of the
following:
1) An activity directly undertaken by any public agency including but not
limited to public works construction and related activities, clearing or grading of
land, improvements to existing public structures, enactment and amendment of
roning ordinances, and the adoption and amendment of local General Plans or
elements.
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.
3) An activity involving the issuance to a person of lease, permit, license,
certificate, or other entitlement for use by one or more public agencies.
b) "Project" refers to that action documented in the project description of the Final
EIR or Mitigated Negative Declaration establishing the mitigation measure being
monitored.
Mitigation Measure" shall mean any action and/or inaction specified in the
Environmental Documentation for the purpose of mitigating identified environmental impacts,
in accordance with CEQA.
Project Proponent" shall mean both the owner of real property during any phase of a
development project and the applicant for any development approval for any stage of that
Project.
Environmental Documentation" shall mean the final environmental impact report or
mitigated negative declaration, together with all amendments, addenda, supplements of other
modifications, as approved by the City Council, for the Project, in accordance with the CEQA
and any rules, regulations or orders implementing CEQA adopted by any state or city agency.
Ord.22-91 2-
17.95.020 Compliance Required.
The Project Proponent of any real property within the City shall fully comply with allMitigationMeasuresattherespectivetimesspecifiedforsuchMitigationMeasuresintheEnvironmentalDocumentationfortheProjectandwiththeprovisionsoftheCityofOrangeMitigationMonitoringProgramManualasadoptedandamendedfromtimetotimebyresolutionoftheCityCouncil. Failure to do so shall result in one or both of the following:1) suspension of any and all rights to proceed with any previously granted developmentapprovalorpermit; and (2) issuance of a stop work order requiring all work to cease, exceptthatnecessarytoimplementmitigationmeasures. Failure to comply with a stop work ordershallbeamisdemeanorandwillbeenforcedassuchanoffense. In the event that complianceisnotachievedbythetimesetforthintheapprovedenvironmentaldocumentation, no furtherpermitsfortheprojectinvolvedwillbeissueduntilthematterisresolved. Furthermore, if afieldinspectionrevealsaviolationoforafailuretoimplementmitigationmeasures, andimmediateactioniswarranted, the Mitigation Monitoring Manager, or authorized monitoringstaff, shall have the authority to require all work to cease until resolution.
The City Council may, by resolution or in the Mitigation Monitoring Program Manualasadoptedfromtimetotime, set forth procedures for enforcement of this Chapter, forissuanceofstopworkordershereunder, and for resolution of disputes arising from theMitigationMonitoringProgramoritsenforcement. Failure to comply with this Chapter orwithanysuchstopworkordershallbeamisdemeanorandeachdaythatsuchfailuretocomplycontinuesshallbeaseparateoffense.
17.95.030 Cost to be Borne by Project Proponent.
The Project Proponent shall pay to the City the reasonable costs of administering theCityofOrangeMitigationMonitoringProgramwithrespecttotheProjectProponent'sProject. Such costs shall include, but not be limited to, the time of City employees necessarytomonitorandensurecompliancebytheProjectProponent, the cost of materials, travelingexpensesandotherreasonablecostsofadministeringtheprogram, and a reasonable allocationofthecostsofequipment, computer facilities and other capital expenses incurred by the Cityinordertoadministertheprogram. The City Council may establish by resolution from time totime, the amounts of or methods for determining and collecting fees or charges to recover suchcosts.
Section III.
A summary of this ordinance shall be published and a certified copy of the full text ofthisordinanceshallbepostedintheOfficeoftheCityClerkatleastfive (5) days prior to theCityCouncilmeetingatwhichthisordinanceistobeadopted. A summary of this ordinanceshallalsobepublishedoncewithinfifteen (15) days after this ordinance's passage in theOrangeCityNews, a newspaper of general circulation, published, and circulated in the City ofOrange. The City Clerk shall post in the Office of the City Clerk a certified copy of the fulltextofsuchadoptedordinancealongwiththenamesofthoseCityCouncilmembersvotingfor
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and against the ordinance in accordance with Government Code Section 36933. This
ordinance shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this 10th day of September 1991
ATTEST:
City Clerk e 0 range
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange, California, do herebyceritfythattheforegoingOrdinancewasintroducedattheregularmeetingoftheCityCouncil
held on the ....2.ll.hday of August ,1991, and thereafter at the regular meeting of said
City Council duly held on the ~ day of septembef 1991, was duly passed and adoptedbythefollowingvotetowit:
AYES:COUNCIL MEMBERS: STEINER, BARRERA, MAYOR BEYER, COONTZ,
SPURGEON
NOES:COUNCIL MEMBERS: NONE
ABSENT:COUNCIL MEMBERS: NONE
ABSTAIN:COUNCIL MEMBERS: NONE
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