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Chapter 3. Guidelines for Implementation of the California Environmental Quality Act Article 7. EIR Process Approval.   

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(a) After considering the final EIR and in conjunction with making findings under Section 15091, the lead agency may decide whether or how to approve or carry out the project.

(b) A public agency shall not decide to approve or carry out a project for which an EIR was prepared unless either:

(1) The project as approved will not have a significant effect on the environment, or

(2) The agency has:

(A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in findings under Section 15091, and

(B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093.

(c) With respect to a project which includes housing development, the public agency shall not reduce the proposed number of housing units as a mitigation measure if it determines that there is another feasible specific mitigation measure available that will provide a comparable level of mitigation.

Authority cited:

Public Resources Code 21083


Public Resources Code 21002

Public Resources Code 21002.1

Public Resources Code 21081

Public Resources Code 21159.26

Friends of Mammoth v. Board of Supervisors, (1972) 8 Cal. App. 3d 247

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

City of Carmel-by-the-Sea v. Board of Supervisors, (1977) 71 Cal. App. 3d 84

Laurel Hills Homeowners Association v. City Council, (1978) 83 Cal. App. 3d 515.

(Amended by Register 2005, No. 40.)