File #: 21-866    Name: Amendment to Chapter 10.72 Desal Treatment Facility
Type: General Agenda Item Status: Passed
File created: 10/5/2021 In control: Board of Supervisors
On agenda: 10/12/2021 Final action: 10/12/2021
Title: Consider providing further direction regarding amendments to Chapter 10.72 of the Monterey County Code regarding "Desalinization Treatment Facility" to include preparation of an Initial Study pursuant to the California Environmental Quality Act ("CEQA").
Attachments: 1. Board Report, 2. A. Staff Rpt 9-21, 3. B. Attachment - Draft ord 10-72 final, 4. C. 10-72 Underline Strikeout, 5. Revised Completed Board Order Item No. 10
Title
Consider providing further direction regarding amendments to Chapter 10.72 of the Monterey County Code regarding "Desalinization Treatment Facility" to include preparation of an Initial Study pursuant to the California Environmental Quality Act ("CEQA").
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Consider providing further direction regarding amendments to Chapter 10.72 of the Monterey County Code regarding "Desalinization Treatment Facility" to include preparation of an Initial Study pursuant to the California Environmental Quality Act ("CEQA").

SUMMARY/DISCUSSION:
We previously reported to the Board of Supervisors regarding Referral No. 2021.13 on September 21, 2021, at which time the Board directed staff to return on October 12, 2021, with proposed amendments to Monterey County Code Chapter 10.72 to remove the prohibition on private ownership or operation of desalinization facilities. A copy of our prior Board report is enclosed as Attachment A.

A draft ordinance making the proposed amendments to County Code section 10.72.030 (B) is enclosed as Attachment B, and an underline/strikeout version is enclosed as Attachment C. Staff is not recommending that the ordinance be introduced at this time, however, as an Initial Study should be prepared to determine what level of environmental review is necessary, if any, to adopt the proposed amendments.

Once the Initial Study is prepared, the timing of introducing and adopting the amendments will depend on the level of environmental review. If exempt, the process can begin shortly after the competition of the Initial Study; a Negative Declaration requires public circulation for up to 30 days; a full Environmental Impact Report will take substantially longer. Once adopted, the ordinance making the amendments would take effect 31 days after adoption. Staff is recommending that the Initial Study be prepared and a further report to the Board made following its completion, including ...

Click here for full text