File #: ORD 20-029    Name: Ordinance Amending Chapter 16.10
Type: Ordinance Status: RMA Administration - Consent
File created: 12/16/2020 In control: Board of Supervisors
On agenda: 1/12/2021 Final action:
Title: Introduce, waive reading, and set February 2, 2021, at 1:30 p.m., as the date and time to consider adoption of an ordinance amending Chapter 16.10 of the Monterey County Code related to regulations to prohibit 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 - Chapter 16.10 Digging and Excavation on former Fort Ord, 3. Attachment B - Proposed Ordinance Amending Chapter 16.10
Title
Introduce, waive reading, and set February 2, 2021, at 1:30 p.m., as the date and time to consider adoption of an ordinance amending Chapter 16.10 of the Monterey County Code related to regulations to prohibit 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 February 2, 2021, at 1:30 p.m., as the date and time to consider adoption of an ordinance amending Chapter 16.10 of the Monterey County Code related to regulations to prohibit 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 an 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 the Monterey County due to the concerns associated with potential remaining unexploded ordnance and explosives (UXO) (Attachment A). The Housing and Community Development Department (HCD), formerly known as the 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 B) would amend Chapter 16.10 of t...

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