Section 21081.6 of the Public Resources Code as modified by Assembly Bill AB 3180 (Cortese Bill), Chapter 1232, requires all public agencies to establish monitoring or reporting procedures for mitigation measures included in environmental impact reports or negative declarations which are necessary to mitigate potential environmental impacts below a level of significance. The mitigation monitoring law is the requirement to monitor the implementation of adopted mitigation measures for approved projects, and report the results of that monitoring. While AB 3180 describes this requirement as monitoring or reporting, this chapter assumes that it would be of limited usefulness to monitor projects without reporting or to report without verification. This chapter establishes the procedures necessary to carry out this state mandate.
(Ord. 479 § 1, 1990)
The purpose of this chapter is to establish a mitigation monitoring and reporting program for the city and to achieve the following provisions set out in Sections 15.72.030 through 15.72.090 of this chapter.
(Ord. 479 § 2, 1990)
A. 
Monitoring refers to the process of overseeing how a mitigation measure is adequately implemented through means of periodic on-site inspections, verifying proper implementation by city departments, responsible agencies and project consultants. This oversight function ensures that all mitigation measures for a project are incorporated into the construction and/or grading plan and are being properly implemented as adopted by the city council. Monitoring is also an aid in tracking construction phases and post-occupancy activities.
B. 
Reporting refers to the documentation of the status of mitigation measures to date and of field results derived from on-site monitoring by city departments, responsible agencies and project consultants. The mitigation measure checklist contained in Section 15.72.060 of this chapter as a main component of the program shall provide feedback information regarding the status of mitigation measures implementation and their effectiveness for the public and the decision makers' benefit. Reporting also refers to a requirement (condition(s) of approval) of the project applicant or consultant to document monitoring efforts regarding implementation of adopted mitigation measures and provide the appropriate city departments, or other agencies, with compliance reports containing such information. Reports which identify the progress, completion or violations of the implementation of mitigation measures, shall be verified by a city representative and filed in accordance with the established project program.
(Ord. 479 § 3, 1990)
Pursuant to the California Environmental Quality Act (CEQA), a program shall be established for every discretionary project approved by the city council which is subject to the adoption of either a negative declaration or an environmental impact report which includes mitigation measures necessary to reduce potentially significant environmental impacts below a level of significance. For all projects subject to this chapter, the program requirement specifics must be developed and approved after project approval by the city council and prior to issuance of a grading and/or building permit. The requirement does not apply to exempt projects or to negative declarations based upon an initial study finding of no significant impacts.
(Ord. 479 § 4, 1990)
A. 
The city council is the final approval authority of all projects subject to a program. The program requirements will be adopted by the city council as a condition of the project approval and carried out administratively by city staff. The city council will also serve as the ultimate authority for project appeals, major modifications and enforcement actions for noncompliance with the established program requirements and with adopted mitigation measures and/or conditions of approval for a particular project.
B. 
The planning commission shall hear projects undertaking a major modification review and responsibility will be only an advisory capacity for those projects for which the city council has final decision making authority.
C. 
The director of community development or designee shall be responsible for assuring compliance with the provisions contained in a project program. The director may delegate duties and responsibilities to other city representatives, applicants, consultants, trustee agencies or any other responsible agency, as necessary to make certain project completion and use is consistent with the purpose and intent of the program, city procedures, ordinances and state laws. The director shall assure that required monitoring reports are filed and identified program violations are corrected. When project modifications or changes are proposed during construction the director shall determine that the changes require a project minor or major modification review and whether subsequent environmental mitigation measures are necessary.
D. 
Other City Staff. City staff shall, through administrative procedures, assist the director in assuring compliance of adopted mitigation measures. Mitigation measures shall be monitored through the city's plan check process utilizing the mitigation measures checklist outlined in Section 15.72.060 of this chapter by each department's plan checker. The plans will be checked for compliance with each applicable mitigation measure and verification of the status of completion will be documented on the checklist.
The code enforcement division of the community development department shall be responsible for enforcement efforts where violations occur, or where noncompliance of this chapter occurs.
The public works department will be involved in the city's plan check and construction monitoring process, and shall be responsible for establishing a program for public projects carried out by its department which are subject to the program requirements, as defined in Section 15.72.030 of this chapter and in accordance with CEQA.
E. 
Responsible Agencies. Other responsible agencies may be required to monitor and report on implementation of mitigation measures and compliance reports for mitigation measures requested by these other agencies.
F. 
Outside Consultants. For projects in which compliance with a mitigation measure cannot be monitored or verified through the city's plan check process, or requires specialized expertise, an outside consultant may be hired. The city must approve the selection of the consultant and may collect a fee from the project applicant for the consultant services or may require that all consultant fees be paid by the project applicant. The city holds the discretion as to the specifics of the consultant's services which will be required for a project, or if a change of a consultant on the project is necessary.
G. 
Project Applicant. The project applicant is responsible for ensuring that the project complies with all adopted mitigation measures. If project modifications occur during grading or construction it is the responsibility of the applicant to notify the director regarding those changes for a determination of whether minor or major modification procedures would be required. The applicant is also responsible for applicable city and consultant fees, as outlined in Section 15.72.070 of this chapter, for necessary services in order to fulfill a mitigation measure.
(Ord. 479 § 5, 1990)
A. 
A mitigation measures checklist shall be required including, but not limited to the following:
1. 
The project applicant name and phone number;
2. 
The project name;
3. 
Related case files;
4. 
A project description and location;
5. 
The environmental determination and the approval date by the city council;
6. 
A list of all monitoring agencies involved;
7. 
A list of all the adopted mitigation measures;
8. 
Indication of when a mitigation measure is to be monitored (i.e., pre-construction, construction, post-occupancy);
9. 
The department or responsible agency assigned to monitor a mitigation measure;
10. 
The status of a mitigation measure upon inspection, date inspected and comments;
11. 
If a mitigation measure requires the filing of compliance reports, submittal due dates shall be indicated.
B. 
An agreement of understanding shall be required including, but not limited to the following:
1. 
A statement that the project applicant and property owner fully understand and agree to all program criteria;
2. 
A statement that the project applicant fully understands and accepts responsibility for all adopted mitigation measures contents and requirements for the approved project;
3. 
A statement that the project applicant fully understands the city's method of enforcement and regulatory procedures for project modifications and appeals, and of this chapter.
(Ord. 479 § 6, 1990)
Pursuant to Government Code Section 54990, the city may impose fees to fund any monitoring and/or reporting efforts, but shall not exceed the estimated reasonable cost of providing the services for which the fee is charged. The project applicant shall be responsible for the cost of the preparation, administration and implementation of a program. Fees for the cost shall be paid to the city prior to issuance of a grading or building permit. Due to the different timing of mitigation measures implementation for a project program, fees will be imposed in accordance with either of the following:
A. 
For project approvals which include mitigation measures to be incorporated into the final plans and which necessitate design monitoring during plan checking and grading/construction work. Prior to issuance of grading or building permits the applicant shall submit a fee of one thousand five hundred dollars.
B. 
For project approvals which apply to subsection A of this section and also require periodic post-occupancy operational monitoring and/or reporting over a period of time or during the life of the project. Prior to issuance of grading or building permits the applicant shall submit a fee of four thousand dollars.
(Ord. 479 § 7, 1990)
A. 
When a mitigation measure is required for inclusion in architectural or engineering plans, a grading or building permit shall not be issued until incorporation/compliance is verified by the director.
B. 
When a mitigation measure is to be implemented during a pre-construction, construction or post-occupancy period, noncompliance or any other violation of the project program shall result in: (1) a letter of noncompliance notifying the applicant and requesting voluntary compliance; or (2) a stop work order be issued withholding all building and/or occupancy permits by the director, building official or city engineer; or (3) a misdemeanor citation be issued.
C. 
When a mitigation measure is to be implemented prior to occupancy, implementation shall be confirmed by the director prior to issuance of occupancy permit(s) by the building division of the community development department or occupancy will be withheld.
D. 
When a mitigation measure requires long-term or frequent (monthly, yearly, etc.) monitoring and/or reporting, subsequent to an occupancy permit issuance, the director shall periodically inspect the premises for continuous mitigation compliance, and shall assure that all required compliance reports are completed and submitted to the city in a timely manner, or as the mitigation measure prescribes. Noncompliance may result in penalties.
(Ord. 479 § 8, 1990)
A. 
Failure to comply with this chapter is declared to be unlawful and a violation of city regulations and shall be subject to the penalties and remedies set forth in Title 14 of this municipal code and/or other penalties and remedies listed in this chapter.
B. 
In the case that enforcement procedures, as outlined in Section 15.72.080 of this chapter, fail in correcting violations of a project approval program or this chapter, and if noncompliance continues or becomes frequent, one or more of the following actions shall occur:
1. 
A misdemeanor citation may be issued to the applicant or property owner by the code enforcement division of the community development department and may be carried through by criminal prosecution by the city attorney.
2. 
A lien may be placed against the property in the amount necessary to correct the violation, including a twenty-five percent administrative cost, as outlined in the city nuisance abatement procedures of this code.
3. 
Forfeiture of any improvement completion or performance guarantee securities, necessary to assure recovery of cost of implementation of a mitigation measure or removal of a violation.
4. 
The city may require a special contract agreement, signed between the city, applicant and property owner setting forth provisions for substantial penalties.
(Ord. 479 § 9, 1990; Ord. 928 § 2, 2006)