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CHAPTER 4 Statement of Overriding <br />Considerations <br />4.1 INTRODUCTION <br />If project that a Responsible Agency decides to carry out, finance or approve xT ifi <br />have significant <br />effects which are identified in the final EIR but are not avoided or substantially lessened, it shall make <br />the findings described in Section 15493 of the CEQA guidelines, 'which states: <br />(a) CQ requires the decision-making agenc y to balance, as applicable, the economic, legal, social, <br />technological, or other benefits of a proposed project against its tea- Voidable environmental risks <br />vhen deters ining vAiether to approve tine project. If the specific economic, legal, social, <br />technological, or other benefits of a proposed project out%xreigb the unavoidable adverse <br />environmental effects, ts, the adverse environmental effects may be considered "acceptable.", <br />(b) When the lead genc y approves a project wl ch will result in the occurrence of significant effects <br />which are identified in the final E I but are not mmided or substantially lessened, the agency shall <br />state in writing the specific reason to support its actions based on the final EIR and/or other <br />information in the record. "I" he statement of overriding considerations shall be supported by <br />substantial evidence in the record. <br />(c) If an agency makes. a statement of overriding considerations, the statement should be included in <br />the record of the project approval and should be mentioned in the notice of determination. This <br />statement does not substitute for, and shall be in addition to, findings required pursuant to Section <br />15091. <br />This Statement of Overriding Considerations describes the anticlPated eeonoinic, social, and other <br />benefits of other considerations of the Proposed Project to support the decision to proceed -svith the <br />project even though not all of the identified impacts are mitigated to a less -th n-- significant level. <br />4.2 UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS <br />v n with mitigation i easures i cndfied in the EIR for the project, the follox -Virg siginfficant impacts are <br />unavoidable because no feasible rnidgation is available to further reduce the impacts to a less-than- <br />significant level. Refer to Chapter 2 (CEQA Findings) for furthcr clarification regarding the impacts <br />listed below. <br />Aesthetics <br />Impact 4.1-5 Long -terin cumulative development occurring Pursuant to the Transit Zor ing <br />Code S would result in a substantial increase in shade/shadows over <br />s <br />sensitive uses. <br />Cumulative As noted in the discussion for Impact 4.1-5, newr sources of increased shade <br />would likely result from ne w deNrelopment under the proposed ` 'ransit Zoning <br />Code S . Since there is typically no feasible mitigation tion available to reduce to <br />less than significant or elirrdliate shading impacts, significant and unavoidable <br />Transit Zoning Code SD 84) EIR Findings of Ftaterent of Overriding Considerations _ <br />