Chico Municipal Code Art. VII Procedures for the Preparation of a Mitigation Monitoring Program

A mitigation monitoring program shall be prepared for and appended to each adopted mitigated negative declaration and each certified EIR.

(Ord. 2067, Ord. 2312 §14)

As to each mitigation measure included within it, a mitigation monitoring program shall specify:

A. The party responsible for implementation of the measure, including responsibility for payment of costs;

B. The governmental agency, department, or division responsible for monitoring compliance with the measure;

C. A timeframe for compliance with the measure; and

D. Requirements for reporting to the director as necessary to ensure compliance with the measure.

(Ord. 2067, Ord. 2312 §15, Ord. 2364 §52)

A. Failure to comply with (1) mitigation measures identified in an environmental

document for a project and adopted as conditions of approval of the project or (2) mitigation or monitoring requirements in a mitigation monitoring program adopted for a project is cause for the city to:

1. Suspend approvals of the project and related permits or other entitlements pending completion of any investigation necessary to determine whether paragraph 2 or 3, or both, apply in the circumstances;

2. Revoke approval of the project and related permits or other entitlements for which the environmental document was prepared; or

3. Require that additional environmental review be conducted and to modify the project or existing mitigation measures for the project, or to impose new mitigation measures on the project. The form of additional environmental review shall be determined by the director and may include but is not limited to a subsequent or supplemental EIR, an addendum to an existing EIR, or a mitigated negative declaration.

B. Exercise of the authority conferred by this section requires evidence that a failure to comply with a mitigation measure or monitoring requirement has occurred, but does not require evidence that such failure caused or may or will cause a significant environmental impact. The remedies provided by this section are not exclusive remedies, and the city may pursue any other legal or equitable remedies available, including but not limited to criminal prosecution, injunctive relief and restitution.

(Ord. 2312 §17, Ord. 2364 §53)