The California Environmental Quality Act (commonly known as CEQA and found in Public Resources Code Section 2100 et. seq.) was enacted in 1970 with the finding that the maintenance of a quality environment is a matter of state-wide concern. The Legislature, in adopting CEQA, declared, as a matter of policy, that public agencies are not to approve projects as proposed if the significant environmental effects of such projects can be substantially reduced through feasible alternatives or feasible mitigation measures.
CEQA procedures were established by the Legislature to assist public agencies in the systematic identification of the significant environmental effects of proposed projects. These effects are identified in two types of environmental documents: Environmental impact reports and negative declarations. Environmental impact reports ("EIRs") containing findings of significant impact are required to identify mitigation measures needed to reduce impacts to a less than significant level. Negative declarations can also identify mitigation measures that reduce impacts to a less than significant level.
In 1989, the Legislature added to CEQA a requirement that a public agency, in approving feasible mitigation measures contained in EIRs and negative declarations, must also adopt a mitigation monitoring and reporting program. Such a program is to be designed to ensure compliance with the changes to a project which were required by the pubic agency in order to reduce or avoid significant environmental effects.
This chapter sets forth procedures and requirements to enable the city to effectively regulate the preparation, adoption, compliance and assessment of mitigation measures under a comprehensive mitigation monitoring and reporting program (MMRP hereafter) for proposes projects when a MMRP is found to be necessary to meet the requirements of CEQA and the Winters Municipal Code.
In adopting the ordinance codified in this chapter, the city council is mindful of the Legislature's intent in enacting CEQA including protection of scarce environmental resources, public health, safety, and welfare; which remain fundamental reasons for the passage of CEQA.
The ordinance is an enactment in furtherance of the legislative intent of CEQA. In that regard, it is necessary for the protection of the public health safety, and welfare that, through the city's police power, civil enforcement measures be utilized in addition to criminal penalties when this chapter is violated. In particular, when there is noncompliance with an adopted mitigation monitoring and reporting program (MMRP) and when that noncompliance presents a serious and immediate threat to the public health, safety and welfare, a stop work order is the best possible means of minimizing this threat. Other civil and administrative remedies such as fees, financial assurances such as instrument of credit or performance bonds, injunctive relief, revocation of permit or abatement of a nuisance will serve to protect the environment, and the health, safety and welfare of the people of this city when a stop work order is either not required, not observed, or not sufficient by itself.
(prior code § 8-1.6015(A); Ord. 97-03 § 2 (part))
A. 
It shall be the responsibility of the planning commission and the city council of the city, whichever is to take final discretionary action on a project to adopt a mitigation monitoring and/or reporting program when conditions are imposed or changes are incorporated for a project to mitigate potential significant environmental impacts. Mitigation monitoring and reporting program adoption is part of the CEQA process and shall be adopted prior to consideration of any project approval granting specific land use entitlement. The planning commission shall also review the effectiveness of the MMRP to develop standardized mitigation monitoring and reporting measures to the extent feasible as historical MMRP data is accumulated.
B. 
Planning Director.
It shall be the responsibility of the planning director under this chapter to ensure preparation and adoption of the MMRP, as part of the CEQA process, coordinate the implementation of the MMRP, ensure compliance with the adopted MMRP and report and recommend to the planning commission, at least annually, on the effectiveness of specific mitigation measures.
The planning director on behalf of the city shall request any agency other than the city having jurisdiction over natural resources affected by a project to submit a proposed reporting or monitoring program for any agency requested mitigation measures that require a change in the project or imposition of additional conditions on the project and the qualifications and level of expertise needed to ensure proper implementation of any such mitigation measure.
(prior code § 8-1.6015(B); Ord. 97-03 § 2 (part))
For each project for which a mitigation monitoring and reporting program is required by this title and adopted by the approving body, full compliance with the adopted program for the project shall be a condition of approval of the project, and the applicant shall obtain a program completion certificate within the time requirements set forth in the adopted program. No project or phase of a project shall be considered to be in compliance with its adopted program until the required program completion certificate(s) have been issued for that project or phase of a project.
(prior code § 8-1.6015(C); Ord. 97-03 § 2 (part))
Whenever a project is proposed for which changes area required or conditions imposed in order to mitigate identified significant impacts, MMRP shall be adopted prior to project approval. A draft MMRP will be prepared and included as an attachment to the project's draft negative declaration of environmental impact or when an EIR is required, the draft MMRP shall be made a part of the draft EIR.
(prior code § 8-1.6015(D); Ord. 97-03 § 2 (part))
A. 
The proposed MMRP shall include the following elements:
1. 
A statement that the requirements of the adopted program run with the real property that is the subject of the project and that successive owners, heirs, and assigns of this real property are bound to comply with all of the requirements of the adopted program;
2. 
A statement that prior to any lease, sale, transfer, or conveyance of any portion of the real property that is the subject of the project, the applicant shall provide a copy of the adopted program to the prospective lessee, buyer, transferee, or one to whom the conveyance is made;
3. 
A statement which specifies the responsibilities of the applicant and the environmental coordinator or his or her designee, as well as whether professional expertise is required for completion or evaluation of any part of the program;
4. 
The anticipated costs that will have to be paid by the applicant and the timing of the payment. Actual dollar amounts are not required, but the plan shall include cost estimates, identification of the type of specialized personnel or professional firms to be retained by the city at the applicant's sole cost and expense;
5. 
The time requirements, schedule, phases or tasks that will, upon completion, result in issuance of a program completion certificate from the environmental coordinator;
6. 
A statement of the civil remedies and criminal penalties permitted by this title for noncompliance with an adopted mitigation monitoring and reporting program.
B. 
Where a project is approved with mitigation measures that have been modified during the hearing process from those originally recommended in the environmental document, the proposed mitigation monitoring, and reporting program shall be modified to maintain consistency with the project as approved. The proposed program may also be modified at the discretion of the approving body. Any such modifications must be insignificant in nature and not cause a substantial change in the effectiveness of any mitigation measure or condition of approval.
(prior code § 8-1.6015(E); Ord. 97-03 § 2 (part))
When making findings required by Public Resources Code Section 21081 or adopting a negative declaration containing mitigation measures, the approving body shall adopt a mitigation monitoring and reporting program as proposed or modified pursuant to this title.
A. 
Upon adoption, where implementation of mitigation measures and/or conditions of approval will extend beyond six months from the issuance of a building permit, the applicant and the chairperson of the approving body shall execute the adopted program as legally necessary for the adopted program to be recorded with the Yolo County recorder. After the execution of the adopted program, the city clerk shall forward the adopted program to the county recorder for recordation. After recordation, the adopted program shall be returned to the environmental coordinator for safekeeping until at least a program completion certificate has been issued and recorded certifying completion with all of the requirements of the adopted program.
B. 
In conjunction with the adoption of the mitigation monitoring and reporting program for a project the approving body may require that an instrument of credit, performance bond or similar security be posted by the applicant to assure performance of any construction, alteration, repair, or other work required by the program. The instrument of credit or similar security shall be in a form approved by the city attorney in an amount established by the approving body and shall be deposited with the city clerk prior to commencement of any work on the real property that is the subject of the project.
(prior code § 8-1.6015(F); Ord. 97-03 § 2 (part))
Whenever a mitigation monitoring and reporting program is adopted for a project, the applicant for the project shall comply with the adopted program. In general, compliance shall include the following:
A. 
Following adoption of an MMRP and project approval the applicant shall submit all plans, drawings, programs and specifications to the environmental coordinator for review of compliance with the MMRP. For each plan of a specific mitigation measure or condition to be implemented under the MMRP, the environmental coordinator shall complete a plan check and field report on a form to be developed by the environmental coordinator. Plan check fees shall be paid by the applicant as established by resolution of the city council from time to time.
B. 
The applicant shall provide written reports to the environmental coordinator of the progress toward compliance with the mitigation measures in accordance with the schedule set forth in the adopted program. At a minimum progress reports shall include details of project status, and environmental implementation efforts, whether or not the project is on schedule and field reports for any previous reporting period. The report must contain a list of specific mitigation measures and conditions which are deemed completed and those which have not been completed including a detailed plan of how the projects' implementation efforts will meet the MMRP schedule. Also the process report should include a brief review of perceived problems encountered in implementation efforts, recommendations for procedural changes, if any, and a review of the effectiveness of specific mitigation measures and conditions with suggestions for changes where deemed necessary.
C. 
Unless a different time period is specified in the adopted program, within ten (10) business days of the receipt of a notice reporting of progress the environmental coordinator shall verify that the project is in compliance with the adopted program. In general, any noncompliance shall be documented and reported in writing to the applicant within ten (10) business days of the discovery by personal delivery or by certified mail to the address for notices in the MMIRP.
D. 
The applicant shall, within ten (10) business days of receipt of a notice of noncompliance, correct any noncompliance and provide written notice to the environmental coordinator of the correction. The ten (10) day limit may be extended an additional five business days by the environmental coordinator upon a showing of good cause.
E. 
The above provisions for giving notice of noncompliance shall not be construed to limit the environmental coordinator's ability and authority to issue stop notices under this title. In such cases notice of noncompliance shall follow the stop notice.
(prior code § 8-1.6015(G); Ord. 97-03 § 2 (part))
A. 
Project sites shall be visited as frequently as necessary and at the discretion of the environmental coordinator in order to carry out the purpose and scope of the mitigation monitoring and reporting program.
B. 
Field reviews of the project sites will include a description of the construction activity, location, and detailed observation of development activities as they relate to monitoring land use change and analysis of environmental impact. a field report form should be completed and filed to assist in evaluating periodic progress reports.
C. 
All monitoring reports of the environmental coordinator shall be filed with the city clerk and distributed to the construction supervisor, contractor, project proponent, applicant, planning commission, and to others who make written request for reports.
D. 
The environmental coordinator's evaluation and assessment of completed project MMRP's shall be filed as part of the public record at the Winters community development department.
(prior code § 8-1.6015(H); Ord. 97-03 § 2 (part))
A. 
Upon the determination of the environmental coordinator that compliance with the terms of the mitigation monitoring and reporting program adopted by the approving body for a project or phase thereof has been achieved, and that there has been full payment of all fees for the project, the environmental coordinator shall issue and the city clerk shall file and, where applicable, cause the recordation of a program completion certificate for that project or phase.
B. 
More than one program completion certificate may be required or issued for a project whenever there are multiple phases to a project which need to be implemented over different periods of time.
(prior code § 8-1.6015(I); Ord. 97-03 § 2 (part))
A. 
The environmental coordinator's estimated cost of drafting and adopting a monitoring plan shall be included in the application fee for project environmental review.
B. 
The environmental coordinator shall, until compliance with a specific mitigation monitoring and reporting program is finally achieved and a program completion certificate is issued, develop an initial estimate of fees including both direct and indirect costs to be incurred under a proposed project MMRP. The city's costs of hiring extra personnel or contracting with outside professional consultants with the requisite qualifications and experience shall also be estimated.
After adoption of a program by the approving body, adjustments to the initial estimates shall be made by the environmental coordinator to accurately reflect the actual costs of the direct and indirect costs incurred by the city for that MMRP.
C. 
Approval of project for which a program is required pursuant to this title shall be conditioned on payment of the initial estimated fee and all other fees required by this title. Adjustments to the initial fees shall be paid by the applicant not later than thirty (30) business days after receipt of written notice of any adjustments to the initial fee.
D. 
If after compliance with the adopted program but prior to issuance of a program completion certificate, the environmental coordinator determines that the estimated fee paid exceeds the actual direct and indirect costs incurred by the city for that program, then the difference shall be refunded to the applicant. If after compliance with the adopted program but prior to issuance of a program completion certificate, the environmental coordinator determines that the estimated fee paid is less than these costs, the applicant shall remit the difference to the city within thirty (30) business days of his or her receipt of notice that the estimated fee is insufficient to reimburse the city for its costs.
E. 
For public agency projects, the environmental coordinator when so authorized by the city council on a case-by-case basis, may enter into a written agreement to allow the payment of a mitigation monitoring and reporting program fee to be paid in installments provided:
1. 
The applicant is a public agency;
2. 
The project is to serve a public purpose;
3. 
The public agency is without sufficient funds to pay the fee in one lump sum; and
4. 
The payment period does not exceed one year.
(prior code § 8-1.6015(J); Ord. 97-03 § 2 (part))
Notwithstanding any provisions of the Winters Municipal Code to the contrary, any person who violates any of the provisions of this chapter, or fails to comply with a mitigation monitoring and reporting program (MMRP) adopted pursuant to this title, is guilty of a misdemeanor, and upon conviction may be punished by a fine not to exceed one thousand ($1,000.00) dollars or imprisonment in the county jail not to exceed six months, or both. Each such person shall be guilty of a separate offense for each and every day during any portion of which violation of any provision of this chapter and/or an adopted MMRP is committed, continued, or permitted by any such person, and he or she shall be punished accordingly.
(prior code § 8-1.6015(K); Ord. 97-03 § 2 (part))
In addition to the penalties set forth in subsection 18.04.100, the city may carry out or seek other remedies as permitted by law, including, but not limited to the following:
A. 
Injunctive relief;
B. 
A stop order subject to the following:
1. 
Whenever the environmental coordinator finds that there is noncompliance with an adopted program and that this noncompliance presents a serious and immediate threat to the public health, safety and welfare, the environmental coordinator shall issue a stop work order which shall prohibit further work on the project that is the subject of the adopted program.
2. 
In the event the environmental coordinator issues a stop work order, notice of this order shall be served on the applicant and/or project supervisor and/or contractor and posted on site. The notice shall contain the following:
a. 
The findings justifying the stop work order;
b. 
The time and date when the stop work order commence;
c. 
The time, date, and place at which the applicant may appear to respond to the findings in the notice, which shall not be later than twenty-four (24) hours following the time and date when the stop work order commences.
3. 
Authority to recommence work on the project that is the subject of an adopted program after issuance of a stop work order may be granted by the environmental coordinator upon the establishment of such terms, conditions and requirements as are reasonably necessary to protect the public health, safety, and welfare and as are consistent with the terms, conditions, and requirements of the adopted program.
(prior code § 8-1.6015(L); Ord. 97-03 § 2 (part))
All efforts will be made by the environmental coordinator to resolve disputed issues in the field. In the event that this is not possible, a system for dispute resolution is contained herein to handle disputes regarding mitigation measure compliance.
A. 
The director will, upon request, meet with the construction supervisor contractor of the project to discuss the dispute.
B. 
If no resolution can be agreed to at this meeting with the construction supervisor or contractor, the director will next attempt to contact the project applicant or project proponent to discuss the matter. Upon the conclusion of the meeting the director will make a determination as to whether the developer has complied with the mitigation measures and file a written report of the meeting.
C. 
Copies of the director's report shall be forwarded to the construction supervisor or contractor, and project applicant or project proponent.
D. 
If any of the interested parties do not agree with the director's decision, they may appeal the issue to the city planning commission in accordance to Section 2.44.020 of this code. The planning commission's decision may be appealed to the city council in accordance with Section 2.44.020 of this code.
(prior code § 8-1.6015(M); Ord. 97-03 § 2 (part))