§ 10-14

• (a) The purpose of this Chapter is to establish the procedures and requirements for a mitigation monitoring and reporting program for applicable projects as set forth in Section 10-14.102. The program is necessary to ensure than an applicant for a project subject to the California Environmental Quality Act (CEQA; Public Resources Code Section 21000 et seq.) will properly and timely implement mitigation measures identified in the environmental document prepared for the project.

• (b) The procedures and requirements of this Chapter are adopted under the authority of Public Resources Code Section 21081.6.

• (c) The applicant shall submit and the City shall approve a reporting and monitoring program for changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting and monitoring program shall be approved prior to or contemporaneous with project approval and be designed to ensure compliance during project implementation.

• (Ord. 287 Div. 1 (part), 1990)

• (a) The procedures and requirements of this Chapter are applicable to all projects requiring measures to be adopted which mitigate significant environmental effects as identified in a final environmental impact report or a negative declaration with mitigations.

• (b) The procedures and requirements of this Chapter apply to all projects which do not receive their final discretionary approval before January 1, 1989, including phased projects and projects requiring multiple discretionary approvals.

• (c) The requirements of this Chapter are not applicable to:

  • (1) Any project not having one or more significant environmental effects as identified in the initial study; or

• (2) Any changes incorporated into a project at the request of an agency having jurisdiction by law over natural resources affected by the project. The City may require such agency to submit a proposed reporting and monitoring program and to be the responsible agency to ensure compliance with those mitigation measures, whether required as changes to the project or as conditions of project approval.

• (Ord. 287 Div. 1 (part), 1990)

• (a) All terms as defined in CEQA (Public Resources Code Sections 21060 through 21069) are applicable to this Chapter and are incorporated by reference herein.

• (b) "Applicant" refers to the applicant for a project which is subject to CEQA.

• (c) "Monitoring" refers to inspection activities conducted by the City or private consultant, to ascertain whether mitigation measures identified in the environmental document for the

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City of Hercules, CA

Sec. 10-14.103

LAND USE

Sec. 10-14.104

project have been implemented or complied with by the applicant in development of the project.

• (d) "Reporting" refers to the submitting of reports to the City by the applicant or private consultant demonstrating implementation or compliance with mitigation measures identified in the environmental document.

• (e) "Private consultant" refers to a qualified individual or firm hired by the applicant, but subject to approval by the City, to render assistance in performing all procedures and requirements of this Chapter.

• (Ord. 287 Div. 1 (part), 1990)

The applicant shall pay fees to the City in an amount not exceeding the reasonable costs for providing the services to administer the requirements of this Chapter. The fees shall be placed and maintained in a deposit account, against which the City shall charge staff time and expenses. (Ord. 287 Div. 1 (part), 1990)

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City of Hercules, CA

Sec. 10-14.201

LAND USE

Sec. 10-14.203