The purpose of this chapter is to establish an enforcement monitoring program that will ensure compliance with all environmental mitigation measures and conditions on new discretionary development projects approved by the City.
A mitigation measure and condition monitoring program is established within the City to comply with CEQA.
(Ord. 96-10 § 1, 1996)
A mitigation measure and condition enforcement and monitoring program is established for all discretionary development projects requiring a mitigated negative declaration or environmental impact report (EIR), or those which are exempt from CEQA but have been conditionally approved by the City.
(Ord. 96-10 § 1, 1996)
A. 
All mitigation measures proposed in a mitigated negative declaration or draft environmental impact report to mitigate significant environmental impacts and all conditions of approval for a discretionary project approved by the City Council shall specify:
1. 
The City staff person or agency responsible for enforcing the proposed mitigation measure or condition;
2. 
At what stage in the development the mitigation measure or condition is to be completed or implemented: pre-construction, construction or post-construction;
3. 
Remedial action for noncompliance (e.g., denial of building permit, immediate halt to construction, etc.).
B. 
All mitigation measures proposed in a mitigated negative declaration or EIR by any responsible or affected agency other than the City shall specify subsections (A)(1), (A)(2) and (A)(3) of this section listed above and all other pertinent requirements of that agency. All responsible or affected agencies other than the City are responsible for monitoring and enforcing the proposed mitigation measures which they have requested for inclusion in a project's approval.
(Ord. 96-10 § 1, 1996)
The City Council shall designate a City staff person or hire a qualified consultant for each discretionary development project that it conditionally approves to serve as the City's mitigation monitoring coordinator for that project. The City Council has assigned the responsibility of mitigation monitoring coordinator to the City Clerk's office; however, it reserves the authority to appoint a different monitoring coordinator for specific projects. The mitigation monitoring coordinator shall oversee implementation of all mitigation measures and conditions using the process that is provided for in various sections of this title.
(Ord. 96-10 § 1, 1996)
A. 
The requirements of mitigation measures and conditions run with the land and/or project in perpetuity including all subsequent and successive owners of interest or their designated representatives.
B. 
In order to assure on-going compliance with mitigation measures and conditions when there is a change in project ownership, one of the following shall be completed prior to issuance of any development entitlements:
1. 
All mitigation measures and/or conditions of approval shall be recorded with the Amador County Clerk as encumbrances on the land; or
2. 
The project proponent shall enter into a development agreement with the City binding all future owners to comply with all mitigation measures and/or conditions of approval.
(Ord. 96-10 § 1, 1996)
A. 
Upon fulfillment of a mitigation measure(s) or condition(s) of a project or upon completion of the pre-construction or construction stage of development, the project proponent shall contact the mitigation monitoring coordinator for verification of compliance. The coordinator shall communicate with the agency or agencies responsible for enforcement of such mitigation measure(s) or condition(s) to find out if the mitigation measure(s) or condition(s) have been fulfilled. The coordinator shall complete a monitoring checklist containing his or her findings.
B. 
Construction stage operations shall not commence on a project until all pre-construction stage conditions have been fulfilled and verified by the monitoring coordinator. Likewise, the construction stage shall not be considered final until all construction stage conditions have been fulfilled and verified by the monitoring coordinator.
C. 
The monitoring coordinator shall periodically consult with agency or agencies responsible for enforcing on-going post-construction mitigation measures/conditions to verify compliance.
D. 
If the monitoring coordinator determines that a condition has not been complied with and that remedial action is required, he or she shall report the situation to the City Council for appropriate action.
E. 
Monitoring checklists and reports to the Council regarding noncompliance shall be retained in the appropriate project file in the City Clerk's office. All monitoring forms shall be available for public review upon request.
(Ord. 96-10 § 1, 1996)
A. 
If the project proponent disagrees with a monitoring report he or she may appeal in writing to the City Council within 10 days of the monitoring coordinator's report. The City Council shall hold a public hearing within 30 days to hear the appeal and take action accordingly. The public hearing shall be noticed in accordance with Section 19.20.030 of the City Code.
B. 
The costs for any noticed public hearings on appeals shall be paid for by the party filing the appeal upon the date of its filing.
(Ord. 96-10 § 1, 1996)
A. 
Any person or agency may file a complaint alleging noncompliance with mitigation measures and/or conditions. Such complaint shall be in writing and provide specific information on the alleged violation. All complaints shall be filed with the monitoring coordinator and a copy forwarded to the City Council, the involved enforcement agency, and the project proponent.
B. 
Attempts shall be made by all parties to encourage the voluntary settlement of the complaint in a fair and equitable manner. Notice and terms of any such settlement shall be delivered to the complainant, the City, the project proponent and the agency responsible for enforcement of the condition(s) involved, by the coordinator within five days of such settlement.
C. 
If any person is not satisfied with the result of the settlement, such person may request in writing a hearing before the City Council, within 10 days of the date notification of settlement was received.
D. 
The City Council shall grant a hearing on the matter with notice provided in accordance with Section 19.20.030 of the City Code and take action as appropriate.
E. 
The costs for any noticed public hearings concerning contested settlements shall be paid by the party filing the complaint on the same date the complaint is filed.
(Ord. 96-10 § 1, 1996)
A. 
The City Council, by separate resolution, shall adopt and amend from time to time processing fees for the implementation of the mitigation monitoring program.
B. 
The City shall also charge and collect from the project proponent additional costs to cover direct expenses incurred by the City staff and consultants in carrying out mitigation monitoring for any project.
City staff and consultant's expenses shall be separately accounted for by the City Clerk and be available for review by the project proponent at all times. Such expenses shall not exceed the actual cost for performing the monitoring and reporting responsibilities required by each City official and/or department.
C. 
Any responsible or affected agency or other affected City department may charge from the project proponent through the City a fee in the amount of the actual costs for monitoring all mitigation measures required by that agency or department. A deposit may be required by the respective agency/City staff to be applied towards this fee. Any unused portion of the deposit will be refunded. Any responsible agency requiring fees, charges or deposits from a project proponent for implementation of the mitigation monitoring program shall submit such fee schedule to the City prior to collection of such fees.
(Ord. 96-10 § 1, 1996)