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<br />Draft Findings oj Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) <br /> <br />9.0 STATEMENT OF OVERRIDING CONSIDERATIONS <br /> <br />In cases in which significant impacts are not at least "substantially mitigated," the lead agency, <br />after adopting the findings, may approve the project if it first adopts a statement of overriding <br />considerations setting forth the specific reasons why the agency found that the project's <br />"benefits" rendered "acceptable" its "unavoidable adverse environmental effects." (State CEQA <br />Guidelines, H 15093, 15043, subd. [b].) The California Supreme Court has stated that, "[t]he <br />wisdom of approving. . . any development project, a delicate task which requires a balancing of <br />interests, is necessarily left to the sound discretion of the local officials and their constituents <br />who are responsible for such decisions. The law as we interpret and apply it simply requires that <br />those decisions be informed, and therefore balanced." (Goleta II, 52 Ca!.3d 553, 576 [276 <br />Ca!.Rptr.401].) Only after fully complying with the findings requirement can an agency adopt a <br />statement of overriding considerations. (Citizens for Quality Growth v. City of Mount Shasta <br />(1988) 198 Ca!.App.3d 433, 442, 445 [243 Ca!. Rptr. 727].) <br /> <br />The proposed project does not require a Statement of Overriding Considerations because <br />proposed mitigation measures would reduce potential impacts to less than significant and there <br />would be no unavoidable adverse impacts resulting from the proposed project. <br /> <br />A/ton Avenue Overcrossing at SR.55 <br /> <br />K-33 <br /> <br />eso u 10AP 99 <br />Page 45 of 49 <br />