80A - TRANSIT CODE AND STATION DISTRICT - EXHIBIT O

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~ r E ~ Ill ~I I f1 S . ~ ~ N~'R~IJ~`~~N Tl~s chapter presents tine potential impacts that ~~tere identified in tine and the hndings that ire required in accordance with Section 1509 of tl~e C~ guidelines. 't'he possible ft7dins for each si~~ificar~t and~or potend.all~7 significant ad~Terse impact ate as follo~~Ts: Ci7ai~es or altera~on h~~Te bec~~ required ill, or incorporated into, the p~•oject ~~~l~ich a~roid or substantiall~~ lessen the s~gn~ficant en~~~ronnae~~tal effect as identified ~n the ~I~ ~"~ir~din I ~2~ Such ch~.~~ges or aiteradons ate ~~~itl~in the ~'espot~sibilit~T and jurisdiction of another public aet~c~r and not the ae~~c~F making the finding, Such cha~~ges i7a~~e been adopted b~~ such other age~~c~• or~ can and should be adopted b~~ such other agenc~~ ~"~`zndi~~ ~3~ Specific econon~c, social, or other considera~on.s, including ~ro~~ision of emplo~rment opportunities foi• highl~~ trained ~~Torkers, r~.ake infeasible the xx~itigatio~~ measures or project alternati~~es in the ~II~ ~"~it~di~~g requires that a Responsibie .~~gc~~cy adopt tr~.tigation measures or alte~;~~ad~Tcs, ~~i~ere feasible, to a~~oid or substat~tiaiiy reduce s~gn~ficant etl~rirontnental ~~npacts tl~t ~uouid othei~v~se occur as a ~csult of a project, ~~esponsible ,~~ct7c~7 his respai~sibili~ for n~itigati.ng o~.• a~roidi~~g o~~l~r tine direct or indirect en~Fironn~ental effects of those pmts of the project ~~~hich it decides to cart~~ out, finance oi• app~o~~e State uideli~aes ~o~~ Project modification o~• alternati~Tes are not req~~ired, ho~~e~~ef•, ~~rhere their axe infeasible or ~~rhere the ~~esponsibilit~F for• ~~~odif~~ing the project lies ~~nth some other agenc~~ State guidelines ~~~~9~~a}~~~,~~}. Public Resou~•ccs bode section ~~OG~.~ defines "£easible" to ~~~ean {`capable of being acco~r~plished in a successful m~nnei+ ~t~fiithin a xeaso~~able period of tifne, taking into account economic, en~tironment~l, social, and tecl~nological factors.' State E~~ uideii~~es Section ~~C~~ adds a~~otl~er• factor: "legal" considerations. See also ~ti~~~.~ o~`~?~e~r~ ~~r~11~r .o~r~o~'rr~r~~~iso~:~ ~~le~r~~~] ~~0~ 5~ al,3d X53, G5 ~7~ ~al~ ptr, 4~0~.~ after fuli~~ comply?in ~~~.th tic ht~dings requirefr~ent can an age~~c~F adopt a taten~et~t of ~~~erriding Consideradons ~C'~~a~~~s ~o~irrali~~ r•~~v~~~ r~. ~`~~~o~~~~~ ~'l~c~.~~c~ ~~88~ X98 ~al.~pp.3d X33, ~-~5 ~ Cal. l~ptr. 7~~~}, x~eq~~ires the ~~esponsibie ~genc~T to state ~f~ ~~L'rlt~ng the speclf~c rationale to suppo~it its actions based on the final i~~R a~~d/or• ir~for~nation in the record, This ~~~ritten sta.te~nent is k~~o~~~~~ as the Statement of ~~Tc~~riding considerations. 'I'he Statenxent of ~~Te~~~•idit~ o~~siderations pro~rides the inforF~uation that demonstrates the decision ~r~aking bod~~ of the responsible ~genc~T leas ~veigl~ed the benefits of the proiect against its una~Tordable ad~Terse effects ~f~ deter~~~nin ~~Fhether to appro~re the project. ~f the benefits of the p~'oicct out~~~ell~ the una~~o~dable ad~rerse en~~~~ionzx~ental effects, tl~e ad~~erse effects ~na~~ be co~7sidered <`acceptable," Tile California Suprexr~e court has stated that, "the ~~~sdoxn of appro~~ing an~~ development project, a delicate task ~~~l~ich requites a balancit3g of interests, is necessaril~r left to the sound discretio~~ of the local officials and thei~• co~~sd.tuents ~~Tho are responsible for sucl~ decisio~~s, The la~v as eve interpret and appl~7 it si~~pi~~ requires that those decisions be infortneci, and therefore balanced" ~ol~~r~ ~ ~al,d 5a3, ~G [~~G dal, Rptr, ~01]~, { Transit zon~n~ Code 84} ~iR Findings of Fact~S~a~e~nen~ of overriding Considerations i l i