Legal Resources | | T14 15093
Chapter 3. Guidelines for Implementation of the California Environmental Quality Act Article 7. EIR Process Statement of Overriding Considerations.
(a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable."
(b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record.
(c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.
Authority cited:
Public Resources Code 21083
Reference:
Public Resources Code 21002
Public Resources Code 21081
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
Sierra Club v. Contra Costa County (1992) 10 Cal.App.4th 1212
Citizens for Quality Growth v. City of Mount Shasta (1988) 198 Cal.App.3d 433.
(Amended by Register 2005, No. 40.)