Title
Consider adoption of an ordinance to amend 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:
Staff recommends that the Board of Supervisors:
a. Find the adoption of the ordinance categorically exempt pursuant to the California Environmental Quality Act Guidelines Section 15308, as the ordinance involves procedures for protection of the environment; and
b. Adopt an ordinance to amend 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. The purpose of the current regulations is to protect the public health and safety due to risks associated with potential remaining unexploded ordnance and explosives (UXO) (Attachment B).
The County Housing and Community Development Department (HCD) 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 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 ordinanc...
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