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Item 30 - EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update
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Item 30 - EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update
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Agenda Packet
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Clerk of the Council
Item #
30
Date
4/19/2022
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Santa Ana General Plan Update <br />CEQA Findings of Fact and Statement <br />Of Overriding Considerations -63- October 2021 <br />VII. STATEMENT OF OVERRIDING CONSIDERATIONS <br />A. INTRODUCTION <br />The City of Santa Ana is the Lead Agency under CEQA for preparation, review and certification <br />of the PEIR for General Plan Update (project). As the Lead Agency, the City is also responsible <br />for determining the potential environmental impacts of the proposed action and which of those <br />impacts are significant, and which can be mitigated through imposition of mitigation measures <br />to avoid or minimize those impacts to a level of less than significant. CEQA then requires the <br />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 proposed project. <br />In making this determination the City is guided by CEQA Guidelines Section 15093, Statement <br />of Overriding Considerations, which states: <br />a. CEQA requires the decision-making agency to balance, as applicable, the <br />economic, legal, social, technological, or other benefits of a proposed project <br />against its unavoidable environmental risks when determining whether to <br />approve the project. If the specific economic, legal, social, technological, or <br />other benefits of a proposed project outweigh the unavoidable adverse <br />environmental effects, the adverse environmental effects may be considered <br />“acceptable.” <br />b. When the lead agency approves a project which will result in the occurrence of <br />significant effects which are identified in the final EIR but are not avoided or <br />substantially lessened, the agency shall state in writing the specific reasons to <br />support its action based on the final EIR and/or other information in the record. <br />The statement of overriding considerations shall be supported by substantial <br />evidence in the record. <br />c. If an agency makes a statement of overriding considerations, the statement <br />should be included in the record of the project approval and should be <br />mentioned in the notice of determination. This statement does not substitute <br />for, and shall be in addition to, findings required pursuant to Section 15091. <br />In addition, Public Resources Code Section 21081(b) requires that where a public agency finds <br />that specific economic, legal, social, technological, or other considerations, including <br />considerations for the provision of employment opportunities for highly trained workers, make <br />infeasible the mitigation measures or alternatives identified in an EIR and thereby leave <br />significant unavoidable effects, the public agency must also find that overriding economic, legal, <br />social, technological, or other benefits of the project outweigh the significant effects of the <br />project. <br />Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section <br />15093, the City has balanced the benefits of the proposed project against the unavoidable <br />adverse impacts associated with the project and has adopted all feasible mitigation measures
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