Section 21081.6 of the Public Resources Code of the State requires public agencies to establish monitoring and reporting procedures which will ensure that all mitigation measures contained within EIR's and mitigated negative declarations which, when adopted by the public agency, are properly implemented.

(§ I, Ord. 90-17, eff. June 21, 1990)

(a)

The following procedures are hereby established to achieve compliance with Section 21081.6 of the Public Resources Code of the State (AB 3180).

(b)

Said procedures may be subject to amendment where deemed necessary by the County or the State CEQA Guidelines.

(c)

A mitigation measure monitoring and reporting program shall be prepared for all discretionary projects approved by the County which are subject to a negative declaration or EIR and, where mitigation measures are necessary, to reduce potentially significant environmental impacts to an insignificant level.

(§ I, Ord. 90-17, eff. June 21, 1990)

(a)

"Reporting" refers to compliance reports submitted by the project applicant, the applicant's agent, consultant, or representatives of the responsible or trustee agency.

(b)

"Monitoring" refers to inspection and verification of mitigation activities at the project site by the public agency or consultant retained for such purposes.

(§ I, Ord. 90-17, eff. June 21, 1990)

(a)

Individuals, departments and agencies primarily responsible for mitigation monitoring and reporting shall include, but not be limited to:

(1)

County departments (Public Works, Planning, Health and other local agencies of jurisdiction).

(2)

Agencies having jurisdiction by law over natural resources affected by the project (trustee and responsible agencies).

(3)

Project applicants.

(4)

Consultants.

(b)

Agencies having jurisdiction by law over natural resources affected by the project may be requested by the lead agency to prepare and submit a proposed reporting and monitoring program (Section 21081.6 of the Public Resources Code of the State).

(c)

The lead agency in certain cases may request an agreement with another agency for monitoring and reporting purposes.

(d)

Preliminary mitigation plans will be prepared by the project proponent

(§ I, Ord. 90-17, eff. June 21, 1990).

The following general categories of project mitigations are subject to monitoring and reporting requirements. Actual mitigations may vary in scope or be a combination of these categories, depending on project complexity:

(a)

Design or location modification: mitigation measures affecting project location or design including, but not limited to, rights-of-way, open space, structures, utilities, and solar aspect.

(b)

Construction: mitigation measures affecting the way construction is carried out including, but not limited to, season of construction, hours of construction, dust and erosion control.

(c)

Operational conditions: mitigation measures affecting the operation and/or maintenance of measures for the life of the project including, but not limited to, hours of operations, wildlife enhancement, pollution controls, and equipment maintenance.

(d)

Off-site improvements: mitigation measures affecting off-site improvements including, but not limited to, impact compensation fees and road improvements.

(§ I, Ord. 90-17, eff. June 21, 1990)

A monitoring program shall include, at a minimum, the following elements:

(a)

Individual project title; file reference number.

(b)

Mitigation measure list, to include topical subheading where necessary.

(c)

Identification of date or other appropriate time periods) to implement each mitigation measure, or a qualified time estimate.

(d)

Frequency and duration of monitoring for each mitigation measure, if applicable.

(e)

Performance standards for the successful implementation of each mitigation measure shall be identified, if not specified, in each measure.

(f)

Identify individuals, organizations and agencies responsible for monitoring or reporting.

(g)

Where appropriate, a detailed work program/task assignment for monitoring and reporting shall be prepared.

(h)

Total projected cost, funding, budget and any applicable performance bonding shall be described.

(i)

Identify responsibilities of the applicant, staff, agencies, and consultant participating in the program

(j)

Attach reporting procedure forms and performance bonds.

(§ I, Ord. 90-17, eff. June 21, 1990)

(a)

A mitigation monitoring and reporting program shall be adopted by reference as a condition of project approval.

(b)

Project findings shall include findings of adequacy of the project monitoring and reporting plan (Section 21081.6 of the Public Resources Code of the State).

(§ I, Ord. 90-17, eff. June 21, 1990)

Progress, completion, or violation of the project mitigations or of the adopted monitoring plan shall be reported to the Planning Director.

(§ I, Ord. 9017, eff. June 21, 1990)

(a)

All costs for the administration and implementation of a monitoring or reporting program shall be paid by the project applicant.

(b)

Projects determined by the Director/Commission not to require a consultant for monitoring program preparation shall be subject to the following requirements.

(1)

Projects requiring monitoring or reporting programs shall require a separate initial deposit of Two Hundred and no/100ths ($200) dollars. The initial deposit shall be deposited in a trust account until requested by the Planning Department.

(2)

Actual cost of monitoring or reporting postprogram only preparation by department staff shall be charged against funds on deposit at a rate of Thirty and no/100ths ($30.00) Dollars per hour, plus materials. Costs in excess of the initial project shall be submitted to the County prior to program approval by the decisionmaking body. If actual costs are less, the difference shall be refunded to the applicant upon program approval.

(3)

Funds for the total project cost of the approved monitoring or reporting program (subsection (h) of Section 10-6.2906 of this article) shall be submitted to the Planning Department. Costs incurred in excess of the total project amount shall be billed by the Planning Director, in accordance with the approved program. If actual costs have been less, the difference shall be refunded to the applicant upon program completion.

(c)

Projects requiring consultant participation shall be subject to the following requirements:

(1)

Upon project application, a deposit shall be provided by the applicant for monitoring program preparation by the participating consultant, in an amount to be determined by the Planning Director based upon project complexity. Deposits required for environmental document preparation by a consultant may include that which is required for preparation of the monitoring program.

(2)

Funds submitted for, monitoring program costs shall be subject to the same provisions provided by subsection (b)(3) of this section.

(d)

Monitoring programs which have a duration of twenty-four (24) months or longer may be funded with periodic payments in lieu of the requirement of subsection (b)(3) of this section. This alternative fee arrangement must be specified in the proposed monitoring program and approved by the decisionmaking body.

(§ I, Ord. 90-17, eff. June 21, 1990, as amended by § I, Ord. 94-07, eff. April 14, 1994)