File #: ORD 21-003    Name: Ordinance to Amend Chapter 16.10
Type: Ordinance Status: RMA Administration - Consent
File created: 3/4/2021 In control: Board of Supervisors
On agenda: 3/23/2021 Final action: 3/23/2021
Title: a. Introduce, waive reading, and set April 20, 2021, at 10:30 a.m., as the date and time to consider adoption of an ordinance amending Chapter 16.10 of the Monterey County Code to prohibit unauthorized metal detection activity on the former Fort Ord in the unincorporated area of Monterey County [REF200039 - Metal Detection Prohibition]. Proposed CEQA Action: Categorically exempt per CEQA Guidelines section 15308.
Attachments: 1. Board Report, 2. Attachment A - Proposed Ordinance amending Chapter 16.10, 3. Attachment B - Chapter 16.10 Digging and Excavation on former Fort Ord, 4. Completed Board Order Item No. 44
Title
a. Introduce, waive reading, and set April 20, 2021, at 10:30 a.m., as the date and time to consider adoption of an ordinance amending Chapter 16.10 of the Monterey County Code to prohibit unauthorized metal detection activity on the former Fort Ord in the unincorporated area of Monterey County [REF200039 - Metal Detection Prohibition].
Proposed CEQA Action: Categorically exempt per CEQA Guidelines section 15308.
Report
RECOMMENDATION:
Introduce, waive reading, and set April 20, 2021, at 10:30 a.m., as the date and time to consider adoption of an ordinance amending Chapter 16.10 of the Monterey County Code to prohibit unauthorized metal detection activity on the former Fort Ord in the unincorporated area of Monterey County.

SUMMARY/DISCUSSION:
On December 13, 2005, the Board of Supervisors adopted Ordinance No. 5012, enacting Chapter 16.10 of the Monterey County Code (MCC) to require special procedures for digging, excavation, and ground disturbance on the former Fort Ord in the unincorporated area of Monterey County to protect the public health and safety due to risks associated with potential remaining unexploded ordnance and explosives (UXO) (Attachment B). The Housing and Community Development Department (HCD), part of the former Resource Management Agency, was notified by the State Department of Toxic Substances Control (DTSC) of a fairly recent incident on the former Fort Ord. The incident involved a trespasser utilizing a metal detection device, posing a potential public safety concern due to potential remaining UXO. In 2020, after this incident, the DTSC and the United States Environmental Protection Agency (USEPA) recommended local code changes to jurisdictions that own parcels within the former Fort Ord to include the prohibition of unauthorized metal detection activities to protect the public from UXO. Staff and County Counsel have consulted with DTSC on the proposed ordinance.

The draft ordinance (Attachment A) would amend Chapter 16.1...

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