Cal. Code Regs. Tit. 25, § 6993 - Findings of Significant Environmental Effects

(a) The Department shall not approve or carry out a project for which an environmental impact report has been completed which identifies one or more significant effects of the project unless it makes one or more of the following written findings for each of those significant effects, accompanied by a statement of the facts supporting each finding.

(1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the final EIR.

(2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the Department. Such changes have been adopted by such other agency or can and should be adopted by such other agency.

(3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR.

(b) The findings required by subsection (a) shall be supported by substantial evidence in the record.

(c) The finding in subsection (a) (2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified mitigation measures or alternatives.

(d) A public agency shall not approve or carry out a project as proposed unless the significant environmental effects have been reduced to an acceptable level.

(e) As used in this section, the term "acceptable level" means that all significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened as determined through findings as described in subsection (a), and any remaining, unavoidable significant effects have been found acceptable under Section 6994.

Notes

Cal. Code Regs. Tit. 25, § 6993

1. Amendment of NOTE filed 5-5-82; designated effective 6-2-82 pursuant to Government Code Section 11346.2(d) (Register 82, No. 19).

Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, Section 15050; and Section 21100, Public Resources Code.

1. Amendment of NOTE filed 5-5-82; designated effective 6-2-82 pursuant to Government Code Section 11346.2(d) (Register 82, No. 19).