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Statement of Overriding Considerations <br />STATEMENT OF OVERRIDING CONSIDERATIONS <br />MAGNOLIA AT THE PARK <br />MULTI -FAMILY RESIDENTIAL PROJECT <br />STATE CLEARINGHOUSE No: 2018021031 <br />CITY OF SANTA ANA: DP No. 2017-34 <br />Introduction <br />EXHIBIT B <br />The City of Santa Ana is the Lead Agency under CEQA responsible for preparation, review and <br />certification of the Final EIR for the Magnolia at the Park Multi -Family Residential Project (Project). <br />As the Lead Agency, the City is also responsible for determining the potential environmental impacts of <br />the proposed action and which of those impacts are significant and can be mitigated through imposition <br />of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then <br />requires the Lead Agency to balance the benefits of a proposed action against its significant unavoidable <br />adverse environmental impacts in determining whether or not to approve the Project. In making this <br />determination, the City is guided by CEQA Guidelines Section 15093 which provides as follows: <br />15093. Statement of Overriding Considerations. <br />a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, <br />social, technological, or other benefits including region -wide or statewide environmental <br />benefits, of a proposed project against its unavoidable environmental risks when determining <br />whether to approve the project. If the specific economic, legal, social, technological or other <br />benefits including region -wide or statewide environmental benefits of a proposed project <br />outweigh the unavoidable adverse environmental effects, the adverse environmental effects may <br />be considered "acceptable." <br />b) When the lead agency approves a project which will result in the occurrence of significant <br />effects which are identified in the final EIR but are not avoided or substantially lessened, the <br />agency shall state in writing the specific reasons to support its action based on the final EIR <br />and/or other information in the record. The statement of overriding considerations shall be <br />supported by substantial evidence in the record. <br />c) If an agency makes a statement of overriding considerations, the statement should be included <br />in the record of the project approval and should be mentioned in the notice of determination. <br />This statement does not substitute for, and shall be in addition to, findings required pursuant to <br />Section 15091. <br />hi addition, Public Resources Code Section 21081(b) requires that where a public agency finds that <br />specific economic, legal, social, technological or other considerations, including considerations for the <br />provision of employment opportunities for highly trained workers, make infeasible the mitigation <br />measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public <br />agency must also find that overriding economic, legal, social, technological or other benefits of the <br />project outweigh the significant effects of the project. <br />Resolution No. <br />Certification of the Magnolia at the Park EIR <br />75E-106 <br />Page 68 of 71 <br />