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M ITIGATION M ONITORING A ND R EPORTING P ROGRAM <br />A PRIL 2020 <br />F AIRVIEW B RIDGE R EPLACEMENT AND S TREET I MPROVEMENTS <br />(9TH S TREET TO 16TH S TREET) P ROJECT <br />C ITY OF S ANTA A NA, C ALIFORNIA <br /> <br />R:\WKE1702\ISMND\Public Review Draft ISMND\Appendix D Fairview St Bridge MMRP.docx (04/02/20) 1 <br />MITIGATION MONITORING AND REPORTING PROGRAM <br />MITIGATION MONITORING REQUIREMENTS <br />PRC Section 21081.6 (enacted by the passage of AB 3180) mandates that the following requirements <br />shall apply to all reporting or mitigation monitoring programs: <br />• The public agency shall adopt a reporting or monitoring program for the changes made to the <br />project or conditions of project approval to mitigate or avoid significant effects on the <br />environment. The reporting or monitoring program shall be designed to ensure compliance <br />during project implementation. For those changes which have been required or incorporated <br />into the project at the request of a Responsible Agency or a public agency having jurisdiction by <br />law over natural resources affected by the project, that agency shall, if so requested by the Lead <br />Agency or a Responsible Agency, prepare and submit a proposed reporting or monitoring <br />program. <br />• The Lead Agency shall specify the location and custodian of the documents or other material <br />which constitute the record of proceedings upon which its decision is based. A public agency <br />shall provide the measures to mitigate or avoid significant effects on the environment that are <br />fully enforceable through permit conditions, agreements, or other measures. Conditions of <br />project approval may be set forth in referenced documents which address required mitigation <br />measures or in the case of the adoption of a plan, policy, regulation, or other project, by <br />incorporating the mitigation measures into the plan, policy, regulation, or project design. <br />• Prior to the close of the public review period for a draft Environmental Impact Report or MND, a <br />Responsible Agency, or a public agency having jurisdiction over natural resources affected by <br />the project, shall either submit to the Lead Agency complete and detailed performance <br />objectives for mitigation measures which would address the significant effects on the <br />environment identified by the Responsible Agency or agency having jurisdiction over natural <br />resources affected by the project, or refer the Lead Agency to appropriate, readily available <br />guidelines or reference documents. Any mitigation measures submitted to a Lead Agency by a <br />Responsible Agency or an agency having jurisdiction over natural resources affected by the <br />project shall be limited to measures which mitigate impacts to resources which are subject to <br />the statutory authority of, and definitions applicable to, that agency. Compliance or <br />noncompliance by a Responsible Agency or agency having jurisdiction over natural resources <br />affected by a project with that requirement shall not limit that authority of the Responsible <br />Agency or agency having jurisdiction over natural resources affected by a project, or the <br />authority of the Lead Agency, to approve, condition, or deny projects as provided by this division <br />or any other provision of law.