80A - JOINT PH - TRANSIT ZONING CODE, FINAL EIR, SPECIFIC PLAN ETC. - ORIGINAL PACKET PROVIDED TO COUNCIL

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CHAPTER 2 CEQA Findings 2.1 INTRODUCTION Theis chapter presents the potential i mpa is that sere identified in the EIR and the findings that are required in accordance ith Section 15091 of the CEQA Guidelines. The possible findings for each si fic nt and r potentially significant adverse impact are as follows: (1) Changes or alterations have been required i , or incorporated into, the project -%%ir 1 h avoid or substantially lessen the significant ctivir n rental effect as identified in the HIR C' Finding 1" . (2) Such changes or alterations are 41-in the responsibility and jurisdiction of another public a cncy and not the agcnc y making the finding. Such cban9cs have been adopted by such other agency or can and should be adopted b y such other agency " I- `inding 2""). (3) Specific ec n n c, social, or other considerations, including provision of employment opportunities for highly trained xx;,orkers, tae infeasible the rriffigation measures or project alternatives in the EIR ("Finding T"). CEQA requires that a Responsible Agency adopt nn4igati n measures or altanadires, where feasible, to avoid or substantially reduce significant en sir ni e tal impacts tha t would o the -nAse occur as a result of a project. A Responsible nsibl gency has respon i i ty for li tig ting or avoiding my the direct or indirect en 4r nmental effects of those parts of the project which it decides to carry out, finance or approve (State CEQA Guidelines §15096(g)[1]). Project modification or alternatives are not required, however, where they are infeasible or where the responsibility for ti -iodif iring the project lies xxith see other agency (State CEQA Guidelines §15091(a)[2],[3]). Public Resources Code Section 21001.1 defines "feasible "' to n -lean "capable of being accomplished in a successful manner rithin a reasonable period of tune taking into account economic, e vir nmental, social, and technological factors. "k State EQ Guidelines Section 15364 adds another factor: "legal" considerations. (See also Gli� ens of Go y 1 a ►1�. Bowd ofS16hen4sois [Goleta 11 [1990] 52 Cal. 3d 553, 565 [276 Cal. Rptr. 410].) Only after full complying x6th the findings requirement can an agency adopt a Statement of Overriding Considerations 0 Z .. o -� a y Groa b t). GOP of Moms ha, a [1985] 198 C a LA pp. 3 d 433, 442, 445 [243 Cal. Rpm 727]). CEQA requires the Responsible sible gency to state in Nvrltingy the specific rationale to s pp pit its actions based on the Final EIR and/or infori ation in the record. This written statement is n �%;,n as the Statement of Ovarlding Considerations. 'T'he Statement of Overriding Considerations Provides the information that demonstrates the decision making body of the Responsible Agency has weighed the benefits of the project against its unavoidable le adverse effects ill dete rmining N I'liether to appr ove the project. If the benefits of the project outweigh the unavoidable adverse environmental effects, the adxrerse effects ma y be considered "'acceptable. "' The Calif rf a Supreme Court has stated that, `the -%%q'sd r of appro-%,ring any deg ,relopi ent project, a delicate task which requires. balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law aswe interpret and apply it simply requires that those decisions be informed, and therefore balanced" (Golela 11, 52 Cal.d 553, 576 [276 Cal. I ptr. 401]). .......... Transit Zoning Code (S 4 ) EIR Findings of Fact/Statement of Overriding Considerations -1