2010-024 - The Final Environmental Impact Report No. 2006-02

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CHAPTER 4 Statement of Overriding Considerations 4.1 INTRODUCTION If a project that a Responsible Agency decides to carry out, finance or approve will have significant effects which are identified in the final EIR but axe not at•oided ox substantially lessened, it shall make the findings described in Section 15093 of the CEQA guidelines, which states: (a) CEQA requires the decision-making agency to balance, as applicable, the econonzia, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to appxo~=e the project. IF the specific economic, legal, social, technological, or other benefits of a proposed project ouhveigh the una~=oidable adverse environmental effects, the adverse environmental effects ma}• be considered "acceptable." (b) \~~hen the lead agency appro~=es a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the speciftc reason to support its ac[ions based on the final EIR and/or other information in the record. The statement of o~=erriding considerations shall be supported b}• substantial evidence in the record- (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project appxo~=al and should be mentioned in the notice of determination. Tlus statement does not substitute For, and shall be in addition to, findings required pursuant to Section 15091_ Tlus Statement of Overriding Considerations describes the anticipated economic, social, and other benefits or other considerations of the Proposed Project to support the decision to proceed with the project even though not all of the identified impacts arc mitigated to aless-than-significant level. 4.2 UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS E~•en with mitigation measures identified in the EIR for the project, the following significant impacts are una~roidable because no feasible mitigation is available to further reduce the impacts to a less-than- sig[iificant lei=eL Refer to Chapter 2 (CEQA Findings) For further clarification regarding the impacts listed below-. Aesthetics Impact 4.1-5 Z.ong-term cumulati~=e dec*elopment occurring pursuant to the Transit Zoning Code (SD 84) would result in a substantial increase in shade/shadows over sensitive uses. Cumula[ive As noted in the discussion For Impact 4.1-5, new sources of increased shade would likel}= result from new development under the proposed 'Transit Zoning Code (SD 84). Since there is typically no feasible mitigalgg~~l~tQ~q~tgg¢o less than significant or eliminate shading impacts, significant ie~a~8~wfid3l~lle Transit Zoning Coda (SD 84) EIR Findings of Fac;/Statement of Overriding Considerations 4-1