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22. EIR Mitigation Monitoring. <br /> a. If it is determined through field inspections and/or monitoring that a <br /> site is not in compliance with an EIR mitigation/improvement <br /> measure, the responsible party for implementation of the mitigation/ <br /> improvement measure is the responsible party to bring the mitigation/ <br /> improvement measure into compliance. The responsible party is <br /> listed in the EIR Mitigation Monitoring and Reporting Plan. The City <br /> of Pleasanton may require the responsible party to conduct a peer <br /> review report by a consultant chosen by the City of Pleasanton to <br /> determine compliance and to recommend measures to correct <br /> noncompliance. All peer review costs shall be borne by the party <br /> responsible for the implementation of the mitigation/improvement <br /> measure. <br /> b. As parcels are sold (following the recordation of a final map), new <br /> property owner(s) will be responsible for all of the their parcel's <br /> "Project Developer" mitigation responsibilities as listed in the EIR <br /> Mitigation Monitoring and Reporting Plan, including but not limited to: <br /> implementing mitigations, monitoring, reporting, bringing <br /> mitigation/improvement measures in nonconformance into <br /> conformance, and reimbursing the City of Pleasanton for costs borne <br /> by the City of Pleasanton to review monitoring reports and conduct <br /> other monitoring activities related to their parcel(s). <br /> c. Prior to the issuance of a building permit for a Project Developer's <br /> PUD site, a Mitigation Monitoring fund (or other funding mechanism <br /> acceptable to the City of Pleasanton) shall be established by the City <br /> of Pleasanton. The applicable Project Developer shall deposit <br /> funding into the Mitigation Monitoring fund (or other funding <br /> mechanism acceptable to the City of Pleasanton) to cover estimated <br /> City of Pleasanton costs to review future monitoring reports, contract <br /> with peer review consultants, conduct field inspections, attend <br /> meetings, and conduct other monitoring activities related to the <br /> Project Developer's mitigation related responsibilities. The initial <br /> deposit amount shall be determined by the City Engineer. In the <br /> event that the Mitigation Monitoring fund (or other acceptable funding <br /> mechanism) does not adequately cover future costs borne by the City <br /> of Pleasanton, the property owner of the project development site will <br /> be responsible for the City of Pleasanton's costs to review monitoring <br /> reports, contract with peer review consultants, conduct field <br /> inspections, attend meetings, and conduct other monitoring activities <br /> related to the Project Developer's PUD site. <br /> Conditions of Approval/PUD-68 <br /> Appendix Conditions 18 <br />