Chapter 17.50

MONITORING AND REPORTING

Sections:

• 17.50.010 General. 17.50.020 Application. 17.50.030 Responsibilities. 17.50.040 Contents of plan. 17.50.050 Timing. 17.50.060 Reporting. 17.50.070 Fees. 17.50.080 Violation. 17.50.090 Enforcement and penalties.

Section 21081.6 of the Public Resources Code requires all public agencies to establish monitoring and reporting procedures for mitigation measures included in EIRs or negative declarations which are necessary to mitigate

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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potential environmental impacts below a level of significance. This chapter establishes the procedures necessary to carry out this state mandate. (Ord. 89-13 (part), 1989)

A mitigation measure monitoring and reporting plan (hereinafter “plan”) shall be prepared for every nonexempt discretionary project approved by the design review and preservation board, city planning commission or city council which is subject to either a negative declaration or EIR which includes mitigation measures necessary to reduce potentially significant environmental impacts below a level of significance. (Ord. 89-13 (part), 1989)

A. The city clerk shall be responsible for assuring full compliance with the provisions of this article. The city clerk may delegate duties and responsibilities to city staff, applicants and consultants as necessary, appropriate and consistent with the purpose and intent of state law and city procedures. The city clerk shall be responsible for assuring that all mitigation measures subject to the provisions of this chapter are included in a monitoring and reporting plan for all discretionary projects approved by the city, which include mitigation measures required to mitigate potentially significant environmental impacts below a level of significance. The city clerk shall also assure that monitoring reports are timely filed and, when identified, plan violations corrected. The city clerk shall also establish the necessary procedures to assure timely, thorough and efficient administration of the mitigation measure monitoring and reporting functions within the department of planning.

B. Other city staff shall, whenever possible, assist the city clerk in the efficient administration of this program. In addition, if it becomes necessary to assure compliance, the city clerk is authorized to engage consultants to assist the city clerk in assuring compliance with these portions of any mitigation plan related to project design and construction, including but not limited to plan checking, site preparation and construction activities. Planning commission may be responsible for responding to and reporting on complaints about and violations of approved mitigation plans. City staff may be responsible for monitoring and reporting on public projects carried out by their departments which are subject to a monitoring plan. Specific staff responsibilities shall be clearly defined in each monitoring plan.

C. The city clerk may delegate specific responsibilities for monitoring or reporting to project applicants or qualified consultants. Such delegation shall be consistent with the requirements of objectivity and technical competence. Project applicants may be required to notify plan monitors when completion of certain measures is achieved and compliance must be confirmed. Private consultants or staff from other responsible or trustee agencies may be retained to augment city staff where special expertise or time demands arise. Such use of consultants shall be clearly described in the approved monitoring plan and funded in advance. (Ord. 89-13 (part), 1989)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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A mitigation measure monitoring and reporting plan (“plan”) shall include, at a minimum, the following elements:

A. A listing of every mitigation measure approved by the decision-making body which certifies the subject environmental documents;

B. An identification of the date or other appropriate time period expected for implementation of each mitigation measure;

• C. If the date of implementation of a mitigation measure is uncertain, an estimate shall be provided;

D. If a mitigation measure requires continuous or frequent (e.g., daily) monitoring, the frequency and duration of required monitoring shall be specified;

E. If unclear on the face of each measure, the standard for determining successful implementation of each measure shall be clearly identified;

• F. Individuals or organizations responsible for monitoring and/or reporting shall be clearly identified;

G. Where appropriate, a detailed work program and task assignments for monitoring and reporting shall be prepared;

• H. The cost, proposed funding and budget for the plan shall be described;

I. The responsibilities under the plan for the applicant, specific city staff and, if necessary, consultants shall be identified; and

• J. Relevant reporting procedures and forms shall be included. (Ord. 89-13 (part), 1989)

A. Environmental Impact Reports. Monitoring plans for projects for which an EIR is prepared shall be included in the draft EIR. The plan shall be subject to the same public review and comment accorded to all other portions of EIR. The final mitigation plan shall be adopted as a part of the findings of fact for the subject project.

B. Negative Declarations. Administrative guidelines shall be prepared which establish the scope, content and implementations of monitoring plans required for projects approved with negative declarations which include one or more mitigations. A monitoring plan shall be prepared by staff and agreed to by the applicant prior to posting the negative declaration for public review. The plan shall be attached to the negative declaration as a supporting exhibit. (Ord. 89-13 (part), 1989)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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A. The progress, completion or violations of the required mitigation plan shall be reported at prescribed intervals to the city clerk's office. The reports shall be prepared using approved forms or format.

B. All reports shall be filed in both the specific project file as well as a central mitigation plan report file. These reports will be available for public inspection at all times. A copy of every report shall be mailed to the project applicant or a designated representative.

C. Reports which identify successful progress on the implementation of monitoring plans shall be reviewed and filed appropriately.

D. Reports which identify successful completion of mitigation plan shall be filed appropriately. The city clerk's office shall notify the project applicant in writing of such completion within three working days of receipt of such report.

E. If a report identifies one or more violation of the mitigation plan, the city clerk's office shall take one of the following actions within one working day of receipt of such report:

1. Directly notify the applicant or onsite representative by telephone of the violation and attempt to obtain voluntary compliance;

2. Notify the applicant or designated representative of the violation or violations in writing and request voluntary compliance;

3. Refer the violation to the planning commission. (Ord. 89-13 (part), 1989)

A. All costs for the preparation, administration and implementation of a monitoring plan shall be paid by the project applicant or sponsoring agency. The fee for monitoring for compliance with said plan shall be as adopted, and amended from time to time, by resolution of the city council.

B. The fee for monitoring plans shall be submitted to the city clerk's office and deposited in a trust account prior to the acceptance of any plans for review by the city or building department for the issuance of demolition, underground construction, site preparation, grading or building permits.

C. If the actual cost of required monitoring activities exceeds the initial deposit, the excess costs shall be submitted to the city prior to issuance of an occupancy permit unless otherwise specified in the mitigation plan. If the actual cost is less, the difference will be refunded to the applicant when monitoring is complete.

D. Mitigation plans which extend beyond 12 months in duration may be funded with period payments instead of the full cost being submitted as specified in subsection B of this section. This alternative fee arrangement must be specified in the proposed mitigation plan and approved by the planning commission.

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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E. Projects which include mitigation plans requiring monitoring for longer than 12 months will be required to demonstrate that long-term funding of monitoring will be assured through one or more of the following mechanisms: deed restrictions; conditions, covenants and restrictions (CC&Rs); performance bonds; letters of credit or other equally effective financial assurance. (Ord. 21-03 § 2, 2021; Ord. 89-13 (part), 1989)

Any violation of the provisions of this article shall be a misdemeanor and enforced under the provisions of Section 17.48.030 of this code. (Ord. 89-13 (part), 1989)

A. Where a mitigation measure is required to be implemented prior to public review of the project, compliance shall occur prior to scheduling the project for a public hearing.

B. Where a mitigation measure is required for inclusion in building or site plans, a building or any other permit shall not be issued by the building official until compliance is verified by the city clerk's office.

C. Where a mitigation measure is to be implemented during site preparation or building construction, nonimplementation or other violation of the mitigation plan shall result in notification of the violation by the city clerk's office and withholding of any required city action, including any payments which might be due from the city under appropriate circumstances, until compliance is achieved.

D. Mitigation measures or mitigation plan implementation required prior to occupancy shall be confirmed by the city clerk prior to issuance of occupancy permits by the building official.

E. Violation of an approved mitigation plan subsequent to building completion and occupancy shall result in one or more of the following actions:

1. Written notification and demand for correction of the violation by the city clerk;

2. Infraction citation issued by the planning commission;

3. Prosecution by the city attorney as a misdemeanor;

4. Forfeiture of any bond, trust account or other financial assurance;

5. Action to recover funds assured under a letter of credit; or

6. A lien against the real property subject to the violation in the amount necessary to correct the violation. (Ord. 89-13 (part), 1989)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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Title 17 Zoning | Montague Municipal Code