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05-28-19_AGENDA PACKET
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05-28-19_AGENDA PACKET
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Local Guidelines for Implementing the <br />California Environmental Quality Act (2019) ENVIRONMENTAL IMPACT REPORT <br /> <br /> <br />2019 City of Santa Ana Local Guidelines 7-29 ©Best Best & Krieger LLP <br />7.34 CONSIDERATION OF EIR BEFORE APPROVAL OR DISAPPROVAL OF PROJECT. <br />Once the decision-making body has certified the EIR, it may then proceed to consider the <br />proposed project for purposes of approval or disapproval. <br />7.35 FINDINGS. <br />The decision-making body shall not approve or carry out a project if a completed EIR <br />identifies one or more significant environmental effects of the project unless it makes one or more <br />of the following written findings for each such significant effect, accompanied by a brief <br />explanation of the rationale supporting each finding. For impacts that have been identified as <br />potentially significant, the possible findings are: <br />(a) Changes or alterations have been required in, or incorporated into, the project which <br />mitigate or avoid the significant effects on the environment as identified in the Final EIR, <br />such that the impact has been reduced to a less-than-significant level; <br />(b) Such changes or alterations are within the responsibility and jurisdiction of another public <br />agency and not the City. Such changes have been, or can and should be, adopted by that <br />other agency; or <br />(c) Specific economic, legal, social, technological or other considerations, including <br />considerations for the provision of employment opportunities for highly trained workers, <br />make infeasible the mitigation measures or alternatives identified in the Final EIR. The <br />decision-making body must make specific written findings stating why it has rejected an <br />alternative to the project as infeasible. <br />The findings required by this Section shall be supported by substantial evidence in the <br />record. Measures identified and relied on to mitigate environmental impacts identified in the EIR <br />to below a level of significance should be expressly adopted or rejected in the findings. The <br />findings should include a description of the specific reasons for rejecting any mitigation measures <br />or project alternatives identified in the EIR that would reduce the significant impacts of the project. <br />Any mitigation measures that are adopted must be fully enforceable through permit conditions, <br />agreements, or other measures. <br />If any of the proposed alternatives could avoid or lessen an adverse impact for which no <br />mitigation measures are proposed, the City shall analyze the feasibility of such alternative(s). If <br />the project is to be approved without including such alternative(s), the City shall find that specific <br />economic, legal, social, technological or other considerations, including considerations for the <br />provision of employment opportunities for highly trained workers, make infeasible the alternatives <br />identified in the Final EIR and shall list such considerations before such approval. <br />The decision-making body shall not approve or carry out a project as proposed unless: (1) <br />the project as approved will not have a significant effect on the environment; or (2) the project’s <br />significant environmental effects have been eliminated or substantially lessened (as determined <br />through one or more of the findings indicated above), and any remaining unavoidable significant <br />effects have been found acceptable because of facts and circumstances described in a Statement of <br />Overriding Considerations (see Local Guidelines Section 7.37). Statements in the Draft EIR or <br />3 -125
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