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68℉Mitigation Monitoring & Reporting
The City of San José as a lead agency, when approving an environmental document containing mitigation measures, must adopt a mitigation monitoring and reporting program (MMRP) to ensure the measures falling under its responsibility are implemented (CEQA Guidelines, § 15097).
The preparation of an MMRP is required when:
- A public agency has made findings related to an environmental impact report (EIR);
- Or has adopted a mitigated negative declaration (MND) in conjunction with approving a project.
See MMRP Instructions and Mitigation Reports below.
Implementation Responsibilities
The lead agency is responsible for ensuring that mitigation measures are implemented in accordance with the program. However, this responsibility may be delegated to another party if that party agrees to take responsibility.
As each responsible agency approves the environmental document, it will likewise adopt an MMRP for the measures falling under its responsibility.
MMRP Compliance Triggers
There can be several triggers for compliance with adopted mitigation measures. These should be clearly identified in the adopted MMRP. Typical triggers include:
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Prior to Ground Disturbance and Grading Permits: This would include mitigation such as preconstruction biological surveys or changes to key design elements (e.g., stormwater detention or roadways). These types of mitigation measures are usually linked to permits such as grading permits.
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During Ground Disturbance/Construction: Mitigation measures here might include noise attenuation for construction or ongoing monitoring for tribal resources.
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Prior to Occupancy: These measures are often offsite such as construction of sidewalks, traffic signals, or extension of utilities.
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Operation: These measures are often associated with ongoing services, such as Transportation Demand Management (TDM) periodic reports. Other examples include limitations on hours of operation or the number of special events that can be held.
Important: Start Mitigation Compliance with Project Implementation
Beginning the mitigation compliance concurrently with grading permit review/ground disturbance or demolition permits is critical to timely preparation of compliance reports. There are dates/times for pre-construction biological surveys as well as limitations on grading due to winter weather that affect implementation of mitigation measures. If there is something unique about the timing of a mitigation measure, it should be discussed in the analysis and incorporated into the mitigation measure. Be sure to establish contact with the Environmental Compliance Program Manager at the earliest filing on grading/demolition permits.