GAMUT Online : : Chapter 3. Guidelines for Implementation of the California Environmental Quality Act Article 3. Authorities Granted to Public Agencies by CEQA Authority to Approve Projects Despite Significant Effects. T14 15043

Chapter 3. Guidelines for Implementation of the California Environmental Quality Act Article 3. Authorities Granted to Public Agencies by CEQA Authority to Approve Projects Despite Significant Effects.

A public agency may approve a project even though the project would cause a significant effect on the environment if the agency makes a fully informed and publicly disclosed decision that:

(a) There is no feasible way to lessen or avoid the significant effect (see Section 15091); and

(b) Specifically identified expected benefits from the project outweigh the policy of reducing or avoiding significant environmental impacts of the project. (See Section 15093.)

Authority cited:

Public Resources Code 21083

Reference:

Public Resources Code 21002

Public Resources Code 21002.1

San Francisco Ecology Center v. City and County of San Francisco, (1975) 48 Cal. App. 3d 584

San Diego Trust & Savings Bank v. Friends of Gill, (1981) 121 Cal. App. 3d 203.

(Amended by Register 2005, No. 40.)