Title
Public hearing to consider:
a. Receiving a report related to Mitigation Monitoring and Reporting for projects approved with Mitigation Measures in 2012 and 2013; and
b. Adopting a Resolution accepting 2012 and 2013 Annual Reports for the Mitigation Monitoring and Reporting Program.
(Condition of Approval and Mitigation Monitoring and Reporting Program 2012 and 2013 Annual Reports - REF140016/Countywide)
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Receive Report related to Mitigation Monitoring and Reporting for projects approved with Mitigation Measures in 2012 and 2013; and
b. Adopt a Resolution to Accept 2012 and 2013 Annual Reports for the Mitigation Monitoring and Reporting Program.
SUMMARY:
Pursuant to the County's "Condition of Approval and Mitigation Monitoring and Reporting Program" procedures ("Program"-Attachment B), an annual report is to be presented to the Board of Supervisors for consideration at a public hearing. This report addresses the first two years of this procedure, 2012 and 2013, and includes a matrix of the status of each of the projects (Attachment C).
DISCUSSION:
The Board of Supervisors adopted procedures for monitoring and tracking mitigation measures in 2001 by Resolution 01-391. Those procedures were modified in 2012 by Resolution No. 12-021. Section III.E of the current procedures requires that an annual report be presented relating to the status of compliance with mitigation measures, any related code enforcement actions, and any proposed action to modify conditions of approval for land use projects approved in 2012 and 2013.
Over the years 2012 and 2013, several EIRs and Mitigated Negative Declarations were adopted, as shown in this table:
EIR Mitigated Negative Declaration
2012 2 12
2103 1 8
As demonstrated in Attachment C, every project on the list is in compliance with their conditions of approval and mitigation measures. None of them have asked for modifications to the conditions of approval and none of them are under a code enforcement action to require compliance with the conditions of approval or mitigation measures.
On a recent note, in February we created a new team within RMA-Planning to track condition compliance and mitigation monitoring. The team will ensure compliance with this board-adopted program and assist the customers with documenting responses from the land use departments to ensure that conditions are cleared and documented properly. The Manager for the team serves as the Program Coordinator required by the Condition of Approval and Mitigation Monitoring and Reporting Program.
We are working on procedures to have condition compliance and mitigation monitoring information available to the public through our Accela Automation permit tracking system website. Information for some projects is already available through that system, but a complete transition will take a while to complete. The information that is available to the public can be accessed through our Land Use Information Portal (Accela Citizens Access) website (<https://acaslc.accela.com/monterey/default.aspx>). The new Condition Compliance team will help us to make this information available on line.
OTHER AGENCY INVOLVEMENT:
County Counsel has worked with RMA-Planning on the annual reports. Land use departments all contribute to the condition compliance and mitigation monitoring tracking and reporting. The reporting is done by filling out a Verification of Condition Compliance/Non Compliance form for each condition and mitigation measure and, in the future, by providing the status and background information in Accela Automation.
FINANCING:
Funding for staff time associated with these annual reports is included in the FY13-14 Adopted Budget for RMA-Planning.
Prepared by: Mike Novo, Director, RMA-Planning, ext. 5192
Approved by: Benny Young, Director Resource Management Agency
cc: Front Counter Copy; Richard Rosenthal; Laura Lawrence, Planning Services Manager; The Open Monterey Project; LandWatch; Project File REF140016
The following attachments are on file with the Clerk of the Board:
Attachment A Project List
Attachment B Procedures for the Condition of Approval and Mitigation Monitoring and Reporting Program
Attachment C Resolution with Annual Report Matrices
C-1 2012 Annual Report
C-2 2013 Annual Report