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I San Joaquin County Board of Supervisors April 10,2017 j Page 6 F. THE INITIAL STUDY FAILS TO DISCUSS AND MITIGATE IMPACTS FROM VECTORS Testimony from the public,including Mr. Reedy,identifies the potentially significant impacts resulting from rodents and vectors. The testimony discusses the rodent and vector impacts from the existing operations. Expanding the size and scope of the operation may lead to additional impacts. Moreover,the Initial Study does not provide adequate mitigation measures to reduce the impacts from rodents and other vector problems associated with the Project. IV. THE MND'S RELIANCE UPON DEFERRED MITIGATION MEASURES VIOLATES CEQA The IS/MND improperly relies upon deferred mitigation measures without adequate performance standards. CEQA Guidelines,section 15126.4(a) requires that "mitigation measures must be fully enforceable through permit conditions,agreements, j or other legally-binding instruments." CEQA "permits a lead agency to defer specifically detailing mitigation measures as along as the lead agency commits itself to mitigation and to specific performance standards." (Gray v. County of Madera(2008) 167 Cal.App.4`h 1099, 1118; see also Communities for a Better Environment v.City of Richmond(2010) 184 Cal.App.4`h 70,94;Sacramento Old City Association v. City Council(1991)229 Cal App.3d 1011, 1028-1029.) In San Joaquin Raptor Rescue Center v. County of Merced(2007) 149 Cal.App.4`h 645,the court held a mitigation measure which required "a management plan'to be prepared"by a qualified biologist to"maintain the integrity and mosaic of the vernal pool habitat violated CEQA because it merely included a"generalized goal of maintaining the integrity of the vernal pool habitats," placing the onus of mitigation to the future plan and leaving the public"in the dark about what land management steps will be taken,or what specific criteria or performance standard will be met . . ." (Id.at 670.) In the present matter,the County recognizes that the Project may have potential significant impacts to air quality in the terms of noxious odors resulting from the expansion of the Project. The Initial Study provides for the applicant to monitor odors on a daily basis and take steps if objectionable odors are detected.(See Staff Report at p.4.) The Initial Study and Mitigation Measure Monitoring Plan simply state that the applicant must prepare a revised Odor Impact Management Plan. However,neither the staff report nor the Initial Study set performance standards for the GIMP. The Staff Report simply states that the OIMP includes requirements to monitor odors on a daily basis and take steps if objectionable odors are detected. Nothing in the documents identify what steps must be taken,when they must be taken,what constitutes a significant reduction in the odors. Thus,without performance standards for the OIMP the mitigation measure is not fully enforceable and violates CEQA.