2005-099 - Overriding Considerations for the Alton Avenue Overcrossing at the SR-55 Freeway Project

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Draft Findings oj Facl and Mitigalion Monitoring Reporting Program (applies 10 CEQA only) 5.0 FINDINGS OF FACT These Findings cite substantial evidence in the record in support of each of these findings and present an explanation to supply the logical step between the finding and the facts in the record. (Slale CEQA Guidelines, ~ 15091.) Under CEQA, for each significant environmental effect identified in an EIR for a proposed project, the approving agency must issue a written finding reaching one or more of three allowable conclusions: . "[ c ]hanges or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR." (Slale CEQA Guidelines, ~ 15091, subd. [a][I].) . "[s]uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency." (Slale CEQA Guidelines, ~ 15091, subd. [a][2].) . "[s]pecific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR." (Slale CEQA Guidelines, ~ 15091, subd. [a][3].) CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to avoid or substantially reduce significant environmental impacts that would otherwise occur. Project modification or alternatives are not required, however, where they are infeasible or where the responsibility for modifying the project lies with some other agency (Slale CEQA Guidelines, ~ 15091, subd. [a][3][c]). Public Resources Code Section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors." Slale CEQA Guidelines Section 15364 adds another factor: "legal" considerations (see also Cilizens ofGolela Valley V. Board of Supervisors ("Golela II''] [1990] 52 Cal.3d 553, 565 [276 Cal. Rptr. 410]). The Slale CEQA Guidelines do not define the difference between "avoiding" a significant environmental effect and merely "substantially lessening" such an effect. The City must therefore glean the meaning of these terms from the other contexts in which the terms are used. Public Resources Code Section 21081, on which Slale CEQA Guidelines Section 15091 is based, uses the term "mitigate" rather than "substantially lessen." The Slale CEQA Guidelines therefore equate "mitigating" with "substantially lessening." Such an understanding of the statutory term is consistent with the policies underlying CEQA, which include the policy that "public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects." (Public Resources Code, !i 21002). For purposes of these Findings, the term "avoid" refers to the effectiveness of one or more mitigation measures to reduce an otherwise potentially significant effect to a less-than-significant level. In contrast, the term "substantially lessen" refers to the effectiveness of such measure or measures to substantially reduce the severity of a significant effect, but not to reduce that effect to a level that is less than significant. Allan Avenue Overcrossing at SRM55 K-5 KeSolut10APNP~99 Page 17 of 49