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Chapter 3. Guidelines for Implementation of the California Environmental Quality Act Article 3. Authorities Granted to Public Agencies by CEQA Authority to Mitigate.   

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Within the limitations described in Section 15040:

(a) A lead agency for a project has authority to require feasible changes in any or all activities involved in the project in order to substantially lessen or avoid significant effects on the environment, consistent with applicable constitutional requirements such as the "nexus" and "rough proportionality" standards established by case law (Nollan v. California Coastal Commission (1987) 483 U.S. 825, Dolan v. City of Tigard, (1994) 512 U.S. 374, Ehrlich v. City of Culver City, (1996) 12 Cal. 4th 854.).

(b) When a public agency acts as a responsible agency for a project, the agency shall have more limited authority than a lead agency. The responsible agency may require changes in a project to lessen or avoid only the effects, either direct or indirect, of that part of the project which the agency will be called on to carry out or approve.

(c) With respect to a project which includes housing development, a lead or responsible agency shall not reduce the proposed number of housing units as a mitigation measure or alternative to lessen a particular significant effect on the environment if that agency determines that there is another feasible, specific mitigation measure or alternative that would provide a comparable lessening of the significant effect.

Authority cited:

Public Resources Code 21083


Public Resources Code 21002

Public Resources Code 21002.1

Public Resources Code 21159.26

Golden Gate Bridge, Etc., District v. Muzzi (1978) 83 Cal. App. 3d 707

Laurel Hills Homeowners Assn. v. City Council of City of Los Angeles (1978) 83 Cal.App.3d 515.

(Amended by Register 2005, No. 40.)