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21081.6.
(a) When making the findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead agency or a responsible agency, prepare and submit a proposed reporting or monitoring program.
(2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based.
(b) A public agency shall provide that measures to mitigate or avoid significant effects on the environment are fully enforceable through permit conditions, agreements, or other measures. Conditions of project approval may be set forth in referenced documents which address required mitigation measures or, in the case of the adoption of a plan, policy, regulation, or other public project, by incorporating the mitigation measures into the plan, policy, regulation, or project design.
(c) Prior to the close of the public review period for a draft environmental impact report or mitigated negative declaration, a responsible agency, or a public agency having jurisdiction over natural resources affected by the project, shall either submit to the lead agency complete and detailed performance objectives for mitigation measures which would address the significant effects on the environment identified by the responsible agency or agency having jurisdiction over natural resources affected by the project, or refer the lead agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to a lead agency by a responsible agency or an agency having jurisdiction over natural resources affected by the project shall be limited to measures which mitigate impacts to resources which are subject to the statutory authority of, and definitions applicable to, that agency. Compliance or noncompliance by a responsible agency or agency having jurisdiction over natural resources affected by a project with that requirement shall not limit the authority of the responsible agency or agency having jurisdiction over natural resources affected by a project, or the authority of the lead agency, to approve, condition, or deny projects as provided by this division or any other provision of law.
Code section 21081.6(b) by failing to adopt feasible mitigation measures that would substantially lessen or avoid the Project’s potentially significant impacts and to describe those measures in the MND. The fourth cause of action alleges that Respondents committed an unlawful gift of public funds in violation of section 6 of article XVI of the California Constitution by vacating a portion of a public alleyway for the benefit of Real Parties without receiving any compensation.
CIVIC INTERSPACE ET AL VS CITY OF LOS ANGELES ET AL
BS172029
Jul 24, 2018
Los Angeles County, CA
Administrative
Writ
Indeed, Section 21081.6(a)(1) expressly refers to a reporting or monitoring program. Petitioner has failed to meet the burden of establishing that any portion of the mitigation measures adopted to address, to the extent possible, the significant visual/aesthetic and cultural/historical impacts caused by the project, are not appropriately addressed by some legitimately recognized means constituting an MMRP under Pub.Res.C. section 21081.6 or Guidelines section 15097.
FRIENDS OF THE BRIDGE VS CALIFORNIA DEPT OF TRANSPORTATION
1338496
Jul 13, 2010
Santa Barbara County, CA
With respect to the CAP as a plan-level document itself, the County failed to proceed in the manner required by law by failing to incorporate mitigation measures into the CAP as required by Public Resources Code section 21081.6." 231 Cal.App.4th at 1167 (italics in original).
PETITION OF GOLDEN DOOR PROPERTIES LLC
37-2016-00037402-CU-TT-CTL
Apr 27, 2017
San Diego County, CA
With respect to the CAP as a plan-level document itself, the County failed to proceed in the manner required by law by failing to incorporate mitigation measures into the CAP as required by Public Resources Code section 21081.6." 231 Cal.App.4th at 1167 (italics in original).
SIERRA CLUB VS. COUNTY OF SAN DIEGO [E-FILE]
37-2012-00101054-CU-TT-CTL
Apr 27, 2017
San Diego County, CA
(AR 118) Further, for this mitigation measure the Board of Supervisors adopted a Mitigation Monitoring and Reporting Program (MMRP) to enforce these measures Finding: As required by Public Resources Code section 21081.6 and CEQA Guidelines sections 15091(d) and 15097, the Board, in adopting these findings, also adopts a MMRP. Evidence Supporting the Finding A.
TIBURON OPEN SPACE COMMITTEE VS. COUNTY OF MARIN
CV1704069
Nov 06, 2019
Marin County, CA
P. RANDOLPH FINCH JR., SBN 185004 EMAIL: pfinch@ftblaw.com 1 ANDREA L. PETRAY, SBN 240085 Exempt from Filing Fees EMAIL: apetray@ftblaw.com Government Code section 6103 2 THOMAS E. DIAMOND, SBN 323333 EMAIL: tdiamond@ftblaw.com 3 FINCH, THORNTON & BAIRD, LLP ATTORNEYS AT LAW 4 4747 EXECUTIVE DRIVE – SU…
Dec 13, 2022
Pending
1 2 SUPERIOR COURT OF THE STATE OF CALIFORNIA 3 FOR THE COUNTY OF KERN 4 5 SANTOS GONZALEZ, PATRICIA SERNA, ) Case No.: BCV-17-100040 TSC 6 ARACELY SANCHEZ, AND JOSE LUIS) SANCHEZ ) …
[Exempt From Filing Fee Government Code § 6103] 1 MONA G. EBRAHIMI, State Bar No. 236550 mebrahimi@kmtg. com 2 LESLIE Z. WALKER, State Bar No. 249310 lwalker(^kmtg.com 3 KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD A Professional Corporation 4 400 Capitol Mall, 27* Floor …
Nov 23, 2016
Sacramento County, CA
May 26, 2017
Unlimited Civil
[Exempt From Filing Fee Government Code § 6103] 1 MONA G. EBRAHIMI, State Bar No. 236550 mebrahimi@kmtg. com 2 LESLIE Z. WALKER, State Bar No. 249310 lwalker(^kmtg.com 3 KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD A Professional Corporation 4 400 Capitol Mall, 27* Floor …
Nov 23, 2016
Sacramento County, CA
May 26, 2017
Writ of Mandate
[Exempt From Filing Fee Government Code § 6103] 1 MONA G. EBRAHIMI, State Bar No. 236550 mebrahimi@kmtg. com 2 LESLIE Z. WALKER, State Bar No. 249310 lwalker(^kmtg.com 3 KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD A Professional Corporation 4 400 Capitol Mall, 27* Floor …
Nov 23, 2016
Sacramento County, CA
May 26, 2017
Unlimited Civil
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