2012-001 - Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program

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Chapter 2 CEQA Findings Attachment 'A' • Chapter 2 - CEQA Findings 2.1 Introduction This chapter presents the impacts that were identified in the EIR and the findings that are required in accordance with Section 15091 of the CEQA Guidelines. The possible findings for each significant adverse impact are as follows: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR ("Finding I"). 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency ("Finding 2"). 3. Specific economic, social, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives in the EIR ("Finding 3"). • CEQA requires that the Lead Agency adopt mitigation measures or alternatives, where feasible, to avoid or substantially reduce significant environmental impacts that would otherwise occur as a result of a project. Project modifications or alternatives are not required, however, where they are infeasible or where the responsibility for modifying the project lies with some other agency (State CEQA Guidelines §15091(a)[2],[3]). Public Resources Code Section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors." State CEQA Guidelines Section 15364 adds another factor: "legal" considerations. (See also Citizens of Goleta Palley v. Board of Supervisors [Goleta II] [1990] 52 Ca1.3d 553, 565 [276 Cal. Rptr. 410].) When an agency approves a project with significant environmental effects that will not be avoided or substantially lessened, it must adopt a statement that, because of the project's overriding benefits, it is approving the project despite its environmental harm. (CEQA Guidelines §15043). This written statement is known as the Statement of Overriding Considerations. The Statement of Overriding Considerations demonstrates that the decision making body of the Lead Agency has weighed the benefits of the project against its unavoidable adverse effects in determining whether to approve the project. If the specific economic, legal, social, technological or other benefits of the project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (CEQA Guidelines § 15093.) The California Supreme Court has stated that, "the wisdom of approving any development project, a delicate task which requires a 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 as we interpret and apply it simply requires that those decisions be informed, and therefore balanced" (Goleta H, 52 _ Cal.3d 553, 576 [276 Cal. Rptr. 401]). San Lorenzo Lift Station EIR (Project No. 06-3510) 2_1 Findings of Fact/Statement of Overriding Considerations