HomeMy WebLinkAboutReso 92-232 - Establishing & Adopting a policy establishing a Mitigation Monitoring/Permit Compliance Program RESOLUTION NO. 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
ESTABLISHING AND ADOPTING A POLICY ESTABLISHING A
MITIGATION MONITORING/PERMIT COMPLIANCE PROGRAM.
WHEREAS, the City Council of the City of Redding is charged
with the responsibility of establishing municipal policies to
guide the various functions of the City and, where necessary, to
establish procedures by which functions are performed; and
WHEREAS, regulatory policies established by the City Council
are usually adopted by Ordinance and included in the Municipal
Code. However, other policies are also established, which by
their nature do not require adoption by Ordinance; these policy
statements, adopted by Resolution of the City Council, need to be
consolidated in a reference document for easy access; and
WHEREAS, on August 4 , 1987 , by Resolution No. 87-261, City
Council adopted a Council Policy Manual to achieve said
objectives; and
WHEREAS, City Council wishes to adopt a policy establishing
a Mitigation Monitoring/Permit Compliance Program;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of
the City of Redding as follows:
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1 . That all of the above recitals are true and correct.
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2. That the Policy attached hereto be and hereby is
adopted as the Council Policy establishing a Mitigation
Monitoring/Permit Compliance Program.
3 . That said Policy be incorporated in the Council Policy
Manual.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
the City of Redding on the 19th day of May 1992 , and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Arness, Kehoe & Moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Dahl
ABSTAIN: COUNCIL MEMBERS: None
CHARLIE MOSS, Mayor
City of Redding
A ST:
CONNIE STROHMAYER, , ity Clerk
FORM PROVED:
RAADALL A. HAYS, 61ty Attorney
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CITY OF REDDING, CALIFORNIA
COUNCIL POLICY
SUBJECT RESOLUTION POLICY EFFECTIVE PAGE
NUMBER NUMBER DATE
MITIGATION MONITORING/
PERMIT COMPLIANCE PROGRAM 92-232 1803 06-02-92 1 of 3
BACKGROUND
In 1988, the State legislature added a requirement to the California Environmental Quality Act (CEQA)
that a public agency, in approving mitigation measures contained in Environmental Impact Reports
(EIRs) and negative declarations, must also adopt a Mitigation Monitoring and Reporting Program.
EIRs have sections dealing specifically with mitigations which include mitigation monitoring. For most
initial studies done by the Planning Department, a negative declaration is issued based upon the
fulfillment of certain permit or map conditions. While the City does not typically call these conditions
mitigations, the conditions designed to alleviate possible environmental effects are, in fact, mitigations.
'! Examples of such conditions are erosion-control measures, traffic-control measures, noise barriers, or
I visual screening. Under CEQA, the City must have an adequate system to ensure that such conditions
are fulfilled. A simple checklist system has been adopted by many lead agencies in California, and the
State Clearinghouse has confirmed the acceptability of such checklists. This policy incorporates the
checklist designed for use by City departments together with instructions for using the form.
PURPOSE
It is the purpose of this policy to establish a checklist and associated procedures to ensure monitoring
of environmental mitigations related to "projects" (as defined by CEQA) approved by the City.
POLICY
1. For each initial study involving mitigations and each environmental impact report (EIR) completed,
a copy of the Mitigation Monitoring/Permit Compliance Checklist must be completed by the project
planner.
2. The checklist shall clearly identify parties responsible for monitoring the mitigation, identify time
lines for compliance checks, and require the responsible parties to sign when the mitigation is
complete or fulfilled.
3. The completed checklist shall be forwarded to all identified responsible parties.
4. City of Redding staff or applicable Responsible Agency shall establish a system to check mitigation
compliance according to the established time lines.
5. Once all compliance checks have been completed by a particular responsible party, that party shall
return the checklist to the project planner, signing and dating the certification of mitigation
compliance.
6. After the final mitigation compliance check, the project planner or other assigned person shall
ensure that all responsible parties have returned their copy of the Mitigation Monitoring/Permit
Compliance Checklist with certification of mitigation compliance. All copies of the checklist with
certifications shall be maintained in the permanent record of the project file.
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CITY OF REDDING, CALIFORNIA
COUNCIL POLICY
SUBJECT RESOLUTION POLICY EFFECTIVE PAGE
NUMBER NUMBER DATE
MITIGATION MONITORING/
PERMIT COMPLIANCE PROGRAM 92-232 1803 06-02-92 2 of 3
PROCEDURE
1. The project planner shall complete a copy of the "Mitigation Monitoring/Permit Compliance
Checklist." This form may be amended from time to time by approval of the Director of the
Department of Planning and Community Development. All changes must be consistent with this
`i policy.
2. Instructions for completing the Mitigation Monitoring/Permit Compliance Checklist and instructions
for those that carry out the mitigation checks are attached to the form. These instructions may be
amended from time to time, consistent with this listed policy, by the Director of the Department of
Planning and Community Development.
The following is the mitigation monitoring/permit compliance program applied to a hypothetical
subdivision:
Tentative Map is submitted to the Planning Department.
• The initial study identifies concerns about soil erosion, creek sedimentation, and noise impacts
from the adjoining highway.
• A negative declaration is issued for the subdivision dependent on map conditions that require
erosion-control measures, greenway dedication, expanded setback along creek corridors, and a
noise wall adjacent to the highway.
• The tentative map is approved. Within one week the project Planner prepares the Mitigation
Monitoring/Permit Compliance Checklist. Copies are sent to the Department of Public Works and
to the developer.
• Mitigation Monitoring:
a. The proposed grading and improvement plans are reviewed by Department of Public Works
staff for inclusion of erosion-control measures. The proposed noise wall plans are reviewed
by Department of Public Works staff for adequate design.
b. During grading and subdivision construction, erosion-control measures are reviewed regularly
by Department of Public Works staff for consistency with the approved plans and
effectiveness of the erosion control measures. Department of Public Works staff ensures that
greenway and creek areas are not encroached upon by construction activities.
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c. The noise wall is constructed, and Planning Department staff measure noise on the
subdivision side of the noise wall to ensure its effectiveness.
CR 0049
• CITY OF REDDING, CALIFORNIA
COUNCIL POLICY
SUBJECT RESOLUTION POLICY EFFECTIVE PAGE
NUMBER NUMBER DATE
MITIGATION MONITORING/
PERMIT COMPLIANCE PROGRAM 92-232 1803 06-02-92 3 of 3
d. When the subdivision improvements are complete and the final subdivision map is being
readied for recordation, Department of Public Works and Planning Department staff will review
the plans to ensure that greenway areas and creek-protection setbacks are recorded with the
map.
e. As each house is built within the subdivision, Building Division staff will ensure that structures
do not encroach on greenway and setback areas.
• Checklist Completion. As each of the mitigation monitoring steps listed above is completed, the
Department of Public Works or Planning Department staff member involved will sign off the
relevant condition. After all mitigation monitoring involving a particular staff member is complete,
that staff member will return the checklist to the project Planner.
• When it is time for the subdivision file to be archived, a check will be made to ensure that all
required mitigations have been signed off. For some mitigations such as the erosion-control
measures in this hypothetical subdivision, a final mitigation monitoring check may be made. If all
.mitigations are complete, the file will be archived. If mitigations have failed, staff will have to seek
remedy. It is likely that bonding requirements related to mitigations will increase substantially.
PROJ\POLICY\MITIGATN.POL
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