Chapter 14.03.026 ENVIRONMENTAL DOCUMENTS, MITIGATION

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;

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. 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.

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.