STATEMENT OF OVERRIDING CONSIDERATIONS. The proposed Shipyard Sediment Remediation Project would result in significant unavoidable construction-related adverse air quality impacts of oxides of nitrogen (NOX) (which is a precursor to ozone [O3]) emissions, even after the implementation of feasible standard conditions and mitigation measures. While the adherence to San Diego Air Pollution Control District (APCD) rules and regulations and identified mitigation measures would reduce this impact, it would remain significant and adverse because the City daily threshold for NOX would be exceeded. There are no other feasible mitigation measures that are available to offset this significant impact. Construction activities for the Shipyard Sediment Remediation Project would also contribute to construction-related adverse cumulative air quality impacts because the San Diego Air Basin (SDAB) is presently in nonattainment for O3, and the proposed Project, in conjunction with other planned Projects, would contribute to the existing nonattainment status for O3. Therefore, the cumulative construction air quality impacts of the proposed Project would remain significant.
STATEMENT OF OVERRIDING CONSIDERATIONS. I. INTRODUCTION This section addresses the CSLC’s obligations under Public Resources Code section 21081, subdivisions (a)(3) and (b). (See also State CEQA Guidelines, §§ 15091, subd. (a)(3), 15093.) Under these provisions, CEQA requires the CSLC to balance, as applicable, the economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the Lease approval related to the Suisun Xxxxx Habitat Management, Preservation, and Restoration Plan (SMP or Project) against the backdrop of the Project’s unavoidable significant environmental impacts. For purposes of CEQA, if the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable significant environmental effects, those effects may be considered acceptable and the decision-making agency may approve the underlying project. (State CEQA Guidelines § 15092, subd. (b)(2)(B).) CEQA, in this respect, does not prohibit the CSLC from approving the Lease even if the Project activities as authorized under the Lease may cause significant and unavoidable environmental effects. This Statement of Overriding Considerations presents a list of (1) the specific significant effects on the environment attributable to the approved Project that cannot feasibly be mitigated to below a level of significance, (2) benefits derived from the approved Project, and (3) specific reasons for approving the Project. Although the CDFW and CSLC have imposed mitigation measures to reduce impacts, impacts remain that are considered significant after application of all feasible mitigation. Significant impacts of the approved Project fall under one resource area: Cultural Resources (see Table 1). These impacts are specifically identified and discussed in more detail in the CSLC’s CEQA Findings and in CDFW’s Final EIS/EIR. While the CSLC has required all feasible mitigation measures, these impacts remain significant for purposes of adopting this Statement of Overriding Considerations. Table 1 – Significant and Unavoidable Impacts Identified for the Approved Project Impact Impact Description Proposed Mitigation
STATEMENT OF OVERRIDING CONSIDERATIONS. This section addresses CDFW’s obligations under Public Resources Code section 21081, subdivisions (a)(3) and (b). (See also CEQA Guidelines, §§ 15091, subd. (a)(3), 15093.) Under these provisions, CEQA requires CDFW to balance, as applicable, the economic, legal, social, technological, or other benefits, including region- wide or statewide environmental benefits, of the revised regulations against the backdrop of unavoidable significant environmental impacts. For purposes of CEQA, if the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable significant environmental effects, those effects may be considered acceptable and the decision making agency may still approve the underlying project. The EIR analyzes and discusses the significant and unavoidable environmental effects CDFW expects to occur. (See, x.x., XXXX, § 6.5.3, pp. 6-51 to 6-54 and 6-74 to 6-75; § 10.4.3, pp. 10-9 to 10-11 and 10-12; and § 18.5.3, pp. 18-29 and 18-32.) As the sections previously mentioned discuss in detail, implementation of the Proposed Project may result in significant and unavoidable effects to spawning and rearing habitat (including riparian or instream habitat) from wild broodstock collection due to the lack of details available with which to develop adequate CEQA mitigation at this time. Also, as the sections previously mentioned discuss in detail, implementation of the recreational enhancement components of the Proposed Project may result in significant and unavoidable effects related to introduction of invasive species, due to the lack of feasible mitigation that can ensure that impacts would be less than significant. Finally, as the sections previously mentioned discuss in detail, implementation of the Proposed Project may result in significant and unavoidable effects related to greenhouse gas emissions, due to the potential infeasibility of the identified mitigation measure. For purposes of CEQA, CDFW’s implementation of the Proposed Project may result in the following significant and unavoidable effects to the environment: Impact FISH-REINTRO-1: Disturbance to Suitable Spawning and Rearing Habitat, Damage to Existing Redds, and Overharvest of Eggs and Juveniles during Broodstock Collection Impact FISH-RECREATION-4: Riparian or Instream Habitat Degradation or Spread of Invasive Species or Pathogens from Recreational Fishing Enhancements Impact GHG-MANAGEMENT-1: Potential for Construction of Fish Segregati...
STATEMENT OF OVERRIDING CONSIDERATIONS. CEQA requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. SBFCA proposes to approve the Project modifications despite certain significant unavoidable adverse impacts identified in the Feather River West Levee Project SEIR. The entire SEIR includes 3 volumes: (1) the Draft SEIR, (2) the Final SEIR, and (3) the Responses to Comments document.
STATEMENT OF OVERRIDING CONSIDERATIONS. The Final EIR 93-EIR-4 identify project impacts to air quality (Phase I and II), biological resources, noise, cultural resources, and aesthetics as significant environmental impacts which are considered unavoidable. The Board of Directors therefore makes the following Statement of Overriding Considerations which warrant approval of the project notwithstanding that all 0019626 identified impacts are not fully mitigated. Pursuant to CEQA Sections 15043, 15092 and 15093, any remaining significant effects on the environment are acceptable due to these overriding considerations: By approving the proposed project, the Board of Directors has adopted the Environmently Preferred Alternative. Class I impacts have been identified for Air Quality (Phase I and II), Biological Resources, Noise, Cultural Resources, and Aesthetics. These Class I impacts would be mitigated to the maximum extent feasible by the recommended mitigation measures outlined in Section 4.0 of 93-EIR-4. The Board of Directors recognizes that in the absence of the proposed project the probability of flooding in the vicinity of the Goleta Slough would be raised to unacceptable levels. The Board of Directors also recognizes that the proposed project is necessary to reduce the amount of sediment that is naturally deposited in the slough, and if not removed, will convert the salt xxxxx to uplands. The Board of Directors therefore finds that the remaining unavoidable significant environmental effects are acceptable.
STATEMENT OF OVERRIDING CONSIDERATIONS. The California Environmental Quality Act (CEQA) requires that in the event an agency chooses to approve a project that includes significant and unavoidable impacts which can not be reduced - to acceptable levels the agency must adopt a written Statement of Overriding Considerations which identifies why the local agency is willing to accept the significant unavoidable effect(s). 14 Cal. Code Regs (CEQA Guidelines) Section 15043. The purpose of the statement of overriding considerations is defined in CEQA Guidelines Section 15093 (a and b):
STATEMENT OF OVERRIDING CONSIDERATIONS. While the Final Environmental Impact Report (FEIR), composed of the 300 Airport Boulevard Project Draft EIR, SCH #2010122012, December, 2011 and 300 Airport Boulevard Project Response to Comments Document, May, 2012, notes that development of the Project, and any potential future development of the 000 Xxxxxxx Xxxxxxxxx Site in accordance with proposed planning and zoning amendments as applied to that Site, may result in the generation of significant traffic, air quality and climate change impacts, the City Council hereby finds that, for the reasons set forth below, the economic, social and other considerations prompted by the Project outweigh the unavoidable traffic, air quality and climate change impacts identified in the findings. First, the Project is consistent with the adopted goals and policies of the Burlingame General Plan by providing office development consistent with the Plan. The General Plan recognizes that, given the generally developed nature of the City west of US 101, development of the Specific Plan area east of US 101 generates additional revenue for services to the west side of US 101, while providing San Francisco Bay access amenities for city residents and visitors. Revenue generated by commercial development in the Specific Plan area is a significant contributor to the City's capacity to provide the quality of life that residents enjoy, such as recreational facilities, libraries and community parks and open space. The thoughtful integration of new office and hotel uses throughout the Specific Plan area continues to give the City additional revenue and foundation to provide expanded community services and facilities in the Bayfront area and throughout the City, which benefit the entire community. Second, the Project would generate net positive revenue to the City in accordance with Specific Plan policies that any development in the Specific Plan area should yield a high revenue to cost ratio. The applicant has provided a Fiscal Impact Analysis of the Project, prepared by Economic & Planning Systems, Inc. dated April 23, 2012, which discusses the economic benefits to Burlingame. Overall, the Project will result in approximately $500,000 annually in general fund revenues above the costs of providing services to the Project. According to the Fiscal Impact Analysis, the fiscal impact of the Project on the City's General Fund at Project buildout will be positive, with the revenues generated by the Project estimated to be greater than the ...
STATEMENT OF OVERRIDING CONSIDERATIONS. The Final Project EIR/EIS and the CEQA Findings of Fact conclude that implementing the Hybrid Alternative will result in certain significant impacts to the environment that cannot be avoided or substantially lessened with the application of feasible mitigation measures or feasible alternatives. This Statement of Overriding Considerations is therefore necessary to comply with CEQA, Public Resources Code, section 21081, and the State CEQA Guidelines, section 15093. The significant and unavoidable impacts and the benefits related to implementing the HST system in the Merced to Fresno Section via the Hybrid Alternative are described below. The Authority Board has carefully weighed these impacts and benefits of the Hybrid Alternative. As described below, the Authority finds that the benefits of implementing the Hybrid Alternative outweigh the significant and unavoidable environmental impacts.
STATEMENT OF OVERRIDING CONSIDERATIONS. I have balanced the benefits of the Project against its unavoidable environmental risks in determining whether to approve the Project, and have determined that the benefits outweigh the unavoidable adverse environmental effects. The reasons set forth CALENDAR PAGE 118 below are based on the Final EIR and other information in the record, including but not limited to the LRDP, LRDP EIR, the Project Planning Guide for the Project, and the Final EIR. The reasons for the approval of the Project despite the occurrence of a significant unavoidable adverse impact are as follows:
STATEMENT OF OVERRIDING CONSIDERATIONS. The City of Santa Xxxx is required to proceed with a project to meet the North Coast Regional Water Quality Control Board's requirement that the City put into place a wastewater disposal solution that meets the Regional Board's reliability requirements, as well as existing and future capacity needs. The No Project Alternative is thus not a feasible option. The No Project Alternative does not meet project objectives. The No Project Alternative has also been determined to have a number of significant unavoidable adverse environmental impacts. In selecting a project, the City of Santa Xxxx has balanced the potential benefits of each alternative against its unavoidable adverse environmental effects. Based on the evaluation discussed above, the City has selected the Modified Geysers Recharge Alternative, which has fewer impacts than either irrigation alternative, but greater impacts than 20% Russian River discharge. The City is including all feasible mitigation measures to reduce significant environmental impacts to the extent possible. The alternative has been modified to reduce impacts and to allow flexibility in regard reuse and discharge of reclaimed water. The process to adjust pipeline alignments to minimize impacts will continue during final design. The Modified Geysers Recharge Alternative has been selected because it best meets the requirement of weather independence. The diversity of reuse options incorporated in the Modified Geysers Recharge Alternative is more dependable than reliance on discharge because geysers recharge can take place year-round, regardless of river flows or level of summertime irrigation demand. In addition, it would not foreclose future opportunities for irrigation reuse proposals, although any future proposals would be subject to environmental review. In summary the following benefits of the Modified Geysers Recharge Alternative have been determined to outweigh its potentially significant adverse impacts: Superior use of water resources, providing current while not foreclosing future water reuse options Maximizes current reuse opportunities while minimizing potential future limitations . Protects beneficial uses both by minimizing discharge to the Russian River Best degree of weather independence, meeting Regional Board requirements High level of reliability afforded by diversity of types of reuse 1000243
