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75D - PH - 2525 N MAIN
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11/14/2019 7:54:38 PM
Creation date
11/14/2019 5:55:43 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75D
Date
11/19/2019
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EXHIBIT A <br />CEQA FINDINGS, FACTS IN SUPPORT OF FINDINGS <br />FINAL FIR FOR THE MAGNOLIA AT THE PARK <br />MULTI -FAMILY RESIDENTIAL PROJECT <br />STATE CLEARINGHOUSE No: 2018021031 <br />City of Santa Ana: DP No. 2017-34 <br />1.0 <br />1.1 Statutory Requirements for Findings <br />The California Environmental Quality Act (CEQA) requires that written findings be made by the lead <br />agency in connection with certification of an Environmental Impact Report (EIR) prior to approval of the <br />Project (Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the State of California <br />Public Resources Code). CEQA Guidelines Section 15091 states: <br />a) No public agency shall approve or carry out a project for which an EIR has been certified which <br />identifies one or more significant environmental effects of the project unless the public agency <br />makes one or more written findings for each of those significant effects, accompanied by a brief <br />explanation of the rationale for each finding. <br />The possible findings are: <br />1) Changes or alterations have been required in, or incorporated into, the project which avoid <br />or substantially lessen the significant environmental effect as identified in the EIR. <br />2) Such changes or alterations are within the responsibility and jurisdiction of another public <br />agency and not the agency making the finding. Such changes have been adopted by such <br />other agency or can or should be adopted by such other agency. <br />3) Specific economic, legal, social, technological or other considerations, including provision <br />of employment opportunities for highly trained workers, make infeasible the mitigation <br />measures or project alternatives identified in the final EIR. <br />b) The findings required by subdivision (a) shall be supported by substantial evidence in the <br />record. <br />c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has <br />concurrent jurisdiction with another agency to deal with identified feasible mitigation measures <br />or alternatives. The finding in subdivision (a)(3) shall describe the specific reasons for rejecting <br />identified mitigation measures and project alternatives. <br />d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program <br />for reporting on or monitoring the changes which it has either required in the project or made a <br />condition of approval to avoid or substantially lessen significant environmental effects. These <br />measures must be fully enforceable through permit conditions, agreements, or other measures. <br />e) The public agency shall specify the location and custodian of the documents or other materials <br />The CEQA Guidelines are codified in Title 14 of the California Code of Regulations, commencing at section 15000. <br />Resolution No. Page 1 of 76 <br />Certification of the Magnolia at the Park EIR <br />
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