Imperial County Municipal Code Ch. 7 California Environmental Quality Act (CEQA) and Mitigation Monitoring Program

The California Environmental Quality Act (CEQA) prohibits a public agency from approving or carrying out a project (as defined in CEQA) for which an environmental impact report identifies significant environmental effects, unless findings relative to mitigation of these effects have been made. If no significant effect on the environment would occur, a negative declaration or a mitigated negative declaration is prepared, which identifies potentially significant effects that can be avoided or mitigated, as specified. The purpose of this chapter of the codified ordinances of Imperial County is to develop a reporting and monitoring program for those projects whose impact on the environment would be significant if not mitigated.

(Prior code § 90107.00)

A mitigation monitoring program is established to comply with Assembly Bill 3180 (California Public Resource Code Section 21081.6) which became effective on January 1, 1989. The purpose of the program is to establish a monitoring and reporting program that will ensure compliance with all mitigation measures adopted by the county of Imperial as lead agency during project implementation. This chapter shall be subject to modification if necessary upon any adoption of the state CEQA Guidelines on mitigation monitoring.

(Prior code § 90107.01)

A. Development of Checklist. After a nonexempt discretionary project is approved by the decision-making body, with mitigation measures identified through a "mitigated" negative declaration, environmental impact report, or other environmental documentation, all mitigation measures shall be incorporated by the planning and development services department into a checklist, entitled "Environmental Mitigation Checklist" ("checklist"). Each mitigation measure shall be identified separately on the checklist, with separate spaces for monitoring the progress of each mitigation measure as it is implemented. Mitigation measures shall be divided into two categories of measures: specific project mitigation measures ("project specific") and cumulative project mitigation measures ("cumulative project"). Project specific mitigation measures are to be further divided into two subcategories: project design and on-going mitigation measures. Each category and subcategory will appear on the checklist. A copy of the completed checklist shall be sent to all departments or agencies having jurisdiction over the natural resources or department functions affected by a specific mitigation measure.

B. Monitoring Program.

1. Project Design Mitigation Measures (Project Specific). A project design mitigation measure is one incorporated into the project design to mitigate an impact, such as a retention basin on-site fire protection system. These mitigation measures generally appear on the building/grading plans. Many project design mitigation measures will be monitored through the county's planning and development services department's plan check process. When an approved project with mitigation measures is submitted for plan check through the county, each plan checker shall receive a copy of the checklist. As each plan checker reviews the plans, the plans will be checked for compliance with each applicable mitigation measure. Each plan checker will review plans for the specific mitigation measure to verify its completion, by noting and initialing each mitigation measure on the checklist. If a mitigation measure is not shown, the plans shall be returned to the applicant for corrections. Plans shall not be approved until each application mitigation measure has been incorporated into the project design. After the plans are completed and approved, and before final inspection of the building/structure, the project proponent shall submit proof that each mitigation measure shown on the plans has been installed or incorporated into the project's construction. Verification of compliance will be noted on the monitoring form and sign and signed by the assigned building inspector, CUP monitor, or special consultant assigned to this specific project.

2. On-Going Mitigation Measures (Project Specific). If an approved project includes mitigation measures which are associated with the project over a period of time, such as dust control or maintenance of landscaping, the mitigation measure(s) shall be included on the checklist prepared by the planning and development services department and sent to the agency or department imposing these measures. Those affected agencies or departments having jurisdiction over the natural resources or department functions affected by the specific mitigation measure shall submit a proposed monitoring program for the monitoring of each on on-going mitigation measure(s) noted on the checklist previously provided to that department or agency. Each of the affected agencies or departments shall be responsible for the monitoring and enforcement of the on-going mitigation measure. On at least a semi-annual basis, each agency or department will submit a summarized report to the planning and development services department on the status of each on-going mitigation measure. These summarized reports will continue to be sent until it is determined by the affected department or agency that it is no longer necessary to monitor the project. A final close out report shall be filed with the planning and development services department by each affected agency or department. It is to be the responsibility of the planning and development services department to summarize all project specific on-going monitoring compliance report as submitted by the affected agencies or departments. All checklist(s) shall be retained in the planning and development services department project file and be subject to public review.

3. Cumulative Mitigation Measures. Cumulative mitigation measures are measures which will be instituted when future phases are developed, such as road or site improvements. Cumulative mitigation measures are to be noted at the initial checklist stage and the checklist shall indicate that the cumulative mitigation measure is to be enforced at some time in the future. The agency or department having jurisdiction over the natural resources or departmental functions involved with the cumulative mitigation measure shall be notified and shall be responsible for the monitoring and enforcement of the cumulative mitigation measure. On at least a semi-annual basis, a summarized report shall be submitted by each affected department or agency to the planning and development services department on the status of each cumulative mitigation measure.

(Ord. 1415 § 26, 2006)

All costs of the monitoring and reporting program are to be paid by the applicant in accordance with the adopted fee schedule set forth in County Ordinance Title 9, Division 9, for "Time and Materials" (T&M) projects. Applicant may be required to deposit an estimated amount to cover the monitoring costs to be incurred by the county and other affected agencies. All funds received will be placed into a separate trust account under the control of the planning and development services department. All planning and development services department monitoring and reporting costs shall be disbursed from this trust account. All costs of agencies or other affected departments incurred in monitoring on-going or cumulative mitigation measures shall be reimbursed from the trust account. It shall be the responsibility of the affected agency or department to submit a cost breakdown for time and materials incurred in monitoring the mitigation measure(s) on no less than semi-annual or as needed.

(Ord. 1415 § 28, 2006)

Outside consultant(s) may be hired by the county planning and development services department or other affected agency, for projects for which compliance with a mitigation measure cannot be verified through the plan check process, or which requires specialized expertise. In the event that a consultant is hired, the county may collect a deposit from the applicant for the consultant's services needed in order to assist in the monitoring of the mitigation measures. The deposit shall be placed in a special trust account. Any unused portion of the deposit shall be refunded to the project applicant or the part that actually paid the fees.

(Ord. 1415 § 30, 2006)

Failing to properly implement project design mitigation measures could result in the issuance of a stop-work order or a denial of subsequent approvals necessary to complete or occupy a project. Violations of or failing to comply with on-going cumulative mitigation measures may result in enforcement actions by the planning and development services department, planning commission, air pollution control district, board of supervisors, department of health services, or other agencies or other decision-making body having jurisdiction or permitting authority over the project mitigation measure in question. Any administrative enforcement action does not preclude the enforcement action of other available remedies, including civil or criminal penalties, nuisance suits or project approval revocations.

(Ord. 1415 § 32, 2006)

The county planning and development services department is the officially-designated county environmental compliance department and shall be responsible for the proper and effective implementation of the California Environmental Quality Act (CEQA). This shall apply for county-sponsored as well as private projects.

(Ord. 1415 § 34, 2006)

The county shall at all times adhere to, and implement the latest version of the California Environmental Quality Act (CEQA) and Guidelines. This shall include the adoption by the county planning commission, of Rules and Regulations to Implement CEQA.

(Prior code § 90107.07)