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To be legally adequate, mitigation measures mist be capable of <br /> flavoiding the impact, altogether by not taking a certain action <br /> or parts of an action"; "minimizing impacts by limiting the <br /> degree or magnitude of the action and its implementation"; <br /> "rectifying the impact by repairing, rehabilitating or <br /> restoring the impacted eiwirormext"; "or reducing or <br /> eliminating the impact over time by preservation and <br /> maintenance operations during the life of the action." <br /> (Guidelines, section 15370) . <br /> 2. Section 66474 (e) of the Subdivision Map Act states "a <br /> legislative body of a city or county shall deny approval of a <br /> tentative map or parcel map for which a tentative map was not <br /> required, if it makes any of the following findings:... (e) that <br /> the design of the subdivision or the proposed improvements are <br /> likely to cause substantial environmental damage or <br /> substantially and avoidably injure fish and wildlife or their <br /> habitat". In recent court cases, the court upheld that Section <br /> 66474(e) provides for envirormiental impact review separate from <br /> and independent of the requirements of CEQA (Itpanga Assn. for <br /> a Scenic Community v. County of Los Angeles, 263 Cal. Rptr. 214 <br /> (1989) .) . The finding in Section 66474 is in addition to the <br /> requirements for the preparation of an EIR or Negative <br /> Declaration. <br /> Maintienance of breeding pairs and their habitat. <br /> A. Prevention of disturbance at the nest site. <br /> 1. No disturbance should occur within 1/2 mile of an active nest <br /> between March 1 - August 15 or until fledglings are no longer <br /> dependent upon nest tree habitat. Recent experience indicates <br /> this may be as late as September 15. If the nest tree is to be <br /> removed and fledglings are present, the nest tree may not be <br /> removed until September 15 or until the DFG has determined that <br /> the young are no longer dependent on the nest tree. If <br /> construction or other project related activities which may <br /> cause nest abandonment or forced fledging are proposed within <br /> this 1/2 mile buffer zone, intensive monitoring (funded by the <br /> project sponsor) by a Department approved raptor biologist will <br /> be required. Exact implementation of this measure will be <br /> based upon specific information at the project site. <br /> B. Prevention of loss of nest trees. <br /> 1. Projects should be designed to avoid direct and indirect <br /> impacts to nest trees. <br /> 8 <br />