§ 9-706

The purpose of this Chapter is to provide a process to assure adequate monitoring and reporting of all measures required to mitigate potential impacts from discretionary projects, as required by Section 21081.6 of the California Public Resources Code and the General Plan.

The Zoning Administrator or the Planning Commission, whichever has permit approval authority, shall adopt a Monitoring and Reporting Plan for discretionary projects that are approved subject to conditions or changes deemed necessary to reduce potentially significant environmental impacts below a level of significance. This Plan must be approved prior to project approval and, at a minimum, include:

(a)

A description of the approved project.

(b)

A listing of each mitigation measure required to reduce potentially significant environmental impacts below a level of significance.

(c)

The means and methods of monitoring and reporting on the required mitigation measures:

(1)

The department, division, agency, firm, or individuals responsible for conducting or overseeing the monitoring and reporting function;

(2)

An identification of the date or other appropriate time period for implementing each mitigation measure;

(3)

An identification of the frequency of inspections and the duration of the required monitoring and reporting; and

(4)

A detailed work program and task assignment worksheet for monitoring and reporting.

(d)

The anticipated cost to be paid by the applicant and the timing and method of payments.

The Zoning Administrator shall be responsible for preparing and implementing the Monitoring and Reporting Plan.

(a)

The Zoning Administrator may request, and shall receive, assistance from other County departments in implementing the Monitoring and Reporting Plan.

(b)

The Zoning Administrator may delegate specific responsibilities for monitoring or reporting to project applicants or qualified consultants.

Progress reports summarizing the progress made toward achieving required mitigation measures shall be made at intervals prescribed by the Zoning Administrator.

(a)

All progress reports shall be made available for public inspection at the Community Development Department offices.

(b)

A copy of each progress report shall be mailed or sent digitally by email by the Zoning Administrator to the project applicant or the project applicant's designated representative or their successors within five working days after receipt of such report.

A fee, as specified by resolution of the Board of Supervisors, shall be paid by the project applicant to cover the County's cost of preparing, administering, and implementing the Monitoring and Report Plan, with the following modifications:

(a)

Unless otherwise required by the Zoning Administrator, the fee shall be paid prior to the acceptance of any plans for review by the Building Official.

(b)

For projects which require monitoring longer than 12 months, such as projects approved with a development agreement, the applicant will be required to demonstrate that long-term funding of the Monitoring and Reporting Plan will be assured.

A Monitoring and Reporting Plan may be amended in whole or in part, following the procedures in Section 9-802.120, Modification of Approved Plans.

In addition to the enforcement mechanisms specified in Chapter 9-802, Chapter 9-815, and Chapter 9-816, violation of an approved Monitoring and Reporting Plan may result in one or more of the following actions:

(a)

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

(b)

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

(c)

A lien against the real property subject to the violation in the amount necessary to correct the violation.

Chapter 9-707 - Natural Resources