Chapter 14.03.026 Environmental Documents, Mitigation Factors

Chapter 14.03.026
Environmental Documents, Mitigation Factors

Sections:

14.03.026.020 Mitigation Monitoring Program.

14.03.026.010 Mitigation Measures.

Mitigation measures are used when potentially significant effects, identified through the initial study, may result from a project, which, with the implementation of the mitigation measures, can be reduced or avoided to the extent that the effects would no longer be significant. The adoption of mitigation measures as conditions of approval can result in the project qualifying for a negative declaration rather than requiring the preparation of an EIR.

Mitigation measures are also used in the preparation of an EIR to reduce significant impacts to a level that is less than significant or to minimize effects which are unavoidable and cannot be reduced to a less than significant level. Mitigation measures to lessen or avoid significant effects on the environment shall be identified and incorporated into project design at the earliest stage of the project review and shall be adopted as conditions of project approval.

A. Mitigation measures should be prepared within the following guidelines:

1. Mitigation measures shall be identified for each significant environmental effect and shall relate directly to specific impacts caused by the project;

2. Substantial evidence shall be provided to support selection of a specific mitigation and its effectiveness in changing environmental conditions;

3. If more than one mitigation is available, a reason should be given for the selection of one measure over the others;

4. The mitigation measure should be clear, understandable, and provide quantifiable results;

5. The discussion shall distinguish between measures proposed by the applicant to be included in the project and those that are not included but could reasonably be expected to reduce adverse impacts if required as conditions of approval;

6. The mitigation shall be capable of being accomplished in a successful manner within a reasonable period of time;

7. All aspects of the mitigation program should be set forth in the draft EIR or mitigated negative declaration to allow the public to comment on its adequacy or likely effectiveness.

B. The following actions constitute mitigation measures:

1. Implementing an action that will result in an impact being reduced to a level where it is no longer significant or where the impact will be avoided altogether;

2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation;

3. Repairing, rehabilitating, or restoring an impacted environment;

4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

5. Compensating for the impact by replacing or providing substitute resources or environments.

14.03.026.020 Mitigation Monitoring Program.

When mitigation measures are adopted as part of the conditions of approval for a project, a mitigation monitoring program shall be prepared and adopted to ensure the measures are complied with during project implementation.

A. The monitoring program shall be prepared in a manner specified by the Director and shall include, at a minimum, the actions required to mitigate each impact, the timing of the action required to mitigate each impact or when the action occurs relative to the development schedule, the party responsible for implementing each measure, the party responsible for monitoring compliance with the measure, and the standards used to determine compliance with each mitigation measure.

B. The decision-maker for the project shall have the authority to adopt the monitoring program.

C. A draft monitoring program should be available for review by the decision-maker and the public concurrent with the environmental and project review process.

D. A revised monitoring program shall be submitted to the Director for each change to the project which affects a mitigation measure that was adopted as a condition of project approval. The Director shall be authorized to approve minor changes to the monitoring program. The original decision-making body which approved the monitoring program shall be authorized to approve major amendments to the program.

E. The decision-maker shall specify the location and custodian of the documents or other materials which constitute the record of proceedings upon which its decision is based.

14.03.026.030 Transportation Impacts.

Transportation information that is generated in response to a required mitigation measure adopted as part of the monitoring program shall be submitted to the Solano County Transportation Authority when the project has transportation related impacts of statewide, regional, or area wide significance.

Note: The following information is included here as a reference source and is not a part of the codified Environmental Review Ordinance.

CITATIONS

The section numbers and headings of this Development Code are followed by references to the applicable sections of either the California Public Resources Code (PRC), the CEQA Guidelines, or the California Code of Regulations. Citations to Sections (§) 15000 through 15387 are references to the CEQA Guidelines; citations to Sections 21000 through 21178 are references to the CEQA Statutes of the Public Resources Code. The cited sections should be consulted for a more detailed and thorough understanding of the environmental regulations.

14.03.020.050 Definitions: CEQA Guidelines §15350-§15387, PRC, Definitions.

14.03.020.050 Definitions: “Substantial evidence” §21080(e), §21082.2(c).

14.03.020.060 Fees: PRC §21089.

14.03.021.010 Applicability: PRC §21080, CEQA Guidelines §15061(b)(3), §15378.

14.03.021.010.B.1. Ministerial Projects: CEQA Guidelines §15268.

14.03.021.010.B.2. Additional Ministerial Projects: CEQA Guidelines §15268.

14.03.021.010.B.3. Emergency Projects: CEQA Guidelines §15269, §15359.

14.03.021.010.B.4. Categorical Exemptions: §21084, CEQA Guidelines §15300-15329; see also 15022(a)(1)(C), §15300.4.

14.03.021.010.B.4.c. Exemption 3, CEQA Guidelines: §15312.

14.03.021.010B.5. Otherwise categorically exempt project: CEQA Guidelines §15300.2.

14.03.021.020 Notice of Exemption: CEQA Guidelines §15062.

14.03.022.010 Initial Study: CEQA Guidelines §15063, §15102.

14.03.022.020 Determination of Significant Effect: CEQA Guidelines §15063, §15064.

14.03.022.020.A. Determination of Significant Effect: CEQA Guidelines §15065.

14.03.023.010 Negative Declaration and Mitigated Negative Declaration: CEQA Guidelines §15371, §15070, §15071.

14.03.023.020 Public Notice and Review: CEQA Guidelines §15072, PRC §21092.

14.03.023.020.B. Public Notice and Review: PRC §21091, §21092.3.

14.03.023.030 Circulation to Responsible Agencies: CEQA Guidelines §15073.

14.03.023.040 Authority to Adopt a Negative Declaration: CEQA Guidelines §15074.

14.03.023.050 Findings Necessary to Adopt a Negative Declaration: CEQA Guidelines §15074.

14.03.023.060 Time Limits: CEQA Guidelines §15107.

14.03.023.070 Notice of Determination: CEQA Guidelines §15075, PRC §21152.

14.03.023.070.B. Notice of Determination: Section 753.5(c) of Title 14, California Code of Regulations.

14.03.024.010 Environmental Impact Report: CEQA Guidelines §15362, §21061.

14.03.024.020 Types of EIRs: CEQA Guidelines §15160-15168, PRC §21156, §21158.

14.03.024.030 Notice of Preparation: CEQA Guidelines §15082, PRC §21092.3.

14.03.024.040 EIR Preparation: PRC §21082.1(a), §21089, §21151.

14.03.024.050 Time Limits: CEQA Guidelines §15108, §15110, PRC §21151.5.

14.03.024.060 Contents of Draft EIR: Article 9, §15122 through 15131.

14.03.024.070 Notice of Completion of Draft EIR: CEQA Guidelines §15085, §15205.

14.03.024.080 Public Notice of Availability of Draft EIR: CEQA Guidelines §15087, PRC §21092, §21092.3.

14.03.024.090 Public Review Period: CEQA Guidelines §15087, PRC §21091.

14.03.024.110 Public Hearing on Draft EIR, CEQA Guidelines §15202.

14.03.024.120 Response to Comments: CEQA Guidelines §15088, PRC §21092.5.

14.03.024.130 Preparation of Final EIR: CEQA Guidelines §15089, §15132.

14.03.024.140 Certification of Final EIR: CEQA Guidelines §15090, PRC §21082.1(c).

14.03.024.150 Disposition of Final EIR: CEQA Guidelines §15095.

14.03.024.160 Mitigation Monitoring Program: PRC §21081.6.

14.03.024.170 Findings of Fact: CEQA Guidelines §15091, PRC §21081, §21081.5.

14.03.024.180 Statement of Overriding Considerations: CEQA Guidelines §15093.

14.03.024.190 Notice of Determination: CEQA Guidelines §15094, PRC §21152.

14.03.025.010 Reaffirmation of Previous Environmental Document: CEQA Guidelines §15162, §15168, PRC §21157.6.

14.03.025.020 Public Notice: CEQA Guidelines §15152, §15168(e).

14.03.026.010 Mitigation Measures: CEQA Guidelines §15070, §15126(c), §15370.

14.03.026.020 Mitigation Monitoring Program: PRC §21081.6.

14.03.026.030 Transportation Impacts: PRC §21081.7.

Ordinance History Division 14.03, Environmental Review

Ord. 1595, §5, 1998

Ord. 1555, §7, 1996

Ord. 1529, §3. 1995, repealed Title 18, Environmental Policy

Ord. 1529, §1, 1995, adopted Division 14.03

Ord. 859, 1975