2011-023 - Development Agreement Between the Community Redevelopment Agency

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Chapter 5 Statement of Overriding Considerations CHAPTER 5Statement of Overriding Considerations 5.1INTRODUCTION Section 15093 of the CEQA guidelines states: (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 proposed 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 reason to support its actions 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. This Statement of Overriding Considerations describes the anticipated economic, social, and other benefits or other considerations of the Proposed Project to support the decision to proceed with the project even though not all of the identified impacts are mitigated to a less-than-significant level. 5.2UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS Even with mitigation measures identified in the EIR for the project, the following significant impacts are unavoidable because no feasible mitigation is available to further reduce the impacts to a less-than- significant level. Refer to Chapter 2 (CEQA Findings) for further clarification regarding the impacts listed below. Aesthetics Impact 4.1-5 Long-term cumulative development occurring pursuant to the Transit Zoning Code (SD 84A and SD 84B) would result in a substantial increase in shade/shadows over sensitive uses. Cumulative As noted in the discussion for Impact 4.1-5, new sources of increased shade would likely result from new development under the proposed Transit Zoning Code (SD 84A and SD 84B). Since there is typically no feasible mitigation available to reduce to less than significant or eliminate shading impacts, significant and unavoidable shading impacts would result from the proposed Transit Zoning Revised Station District Project and FOL Settlement Agreement Findings of Fact/Statement of Overriding 5-5 Considerations