2016-012 - California Environmental Quality Act

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Statement of Facts and Findings 1.0 Introduction The California Environmental Quality Act (CEQA) requires that a Lead Agency issue findings prior to approvhng a project that will generate a significant impact on the environment. The Statement of Facts and Findings identifies the significant impacts and presents facts supporting the conclusions reached in the analysis, makes one or more findings for each impact, and explains the reasoning behind the agency's findings. As described by CEQA Guidelines Section 15091 (a) "No public agency shall approve or carry out a projectfor which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings,for each of those significant effects, accompanied by a brief explanation of the rationalefor each finding. " There are three possible finding categories available for the Statement of Facts and Findings pursuant to Section 15091 (a) of the CEQA Guidelines. (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 final EIR. (2) Stich changes or alterations are within the responsibility and jurlsdletion of another public agency and not the agency malting the finding. Stich changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including ,provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. A Statement of Overriding Considerations is also required when a project will cause unavoidable significant impacts, and the Lead Agency may still approve it project where its benefits outweigh the adverse impacts. Further, as provided in the Statement of Overriding Considerations, the Lead Agency sets forth specific reasoning by which benefits are balanced against effects, and approves the proj ect. Pursuant to California Code of Regulations (CCR), Title 14, Section 15090, the City of Santa Ana, the CEQA Lead Agency, finds and declares that the Eeitage Mixed Use Proj cot Environmental Impact Report (EIR) has been completed in compliance with CEQA and the CEQA Guidelines. The City of Santa Ana finds and certifies that the EIR was reviewed and information contained in the EIR was considered prior to approving the IIeritage Mixed Use project, herein referred to as the "project ".