When is a Lead Agency Required to Make Findings?
- Where an EIR indentifies one or more significant envrionmental
effects, the lead agency must make findings on each effect.
What Standard Must a Lead Agency Follow in Making its Findings?
- Lead Agency must make one or more of three findings pursuant to
- (1)Changes have been incorporated in the project to avoid or
substantially lessen the identified significant environmental effect.
- (2)The changes are within the jurisdiction of another agency and the
changes have been or should be adopted by that other agency.
- (3)Specific considerations which make infeasible the alternatives
identified in the final EIR.
- Support finding by substantial evidence in the record.
- Agency must present an explanation of the rational of each finding.
- Preparation of a statement of overriding considerations does not
substitute for this findings requirement.
May Findings be Limited to Conclusory Statements?
- Findings should supply a logical step between the ultimate
finding and the facts in the record.
- When alternatives and/or mitigation measures are rejected as
infeasible, findings must reveal the agency's reasons for reaching such a
conclusion. Conclusory statements alone will not suffice.
What Type of "Substantial Evidence" is Necessary to Support Findings of
- According to Public Resources Code
§21082.2(c) substantial evidence includes facts, reasonable
assumptions predicated upon facts, and expert opinion supported by facts.
- Substantial evidence must be specific and concrete to show that
additional costs or lost profitibility are sufficiently severe as to render
proceeding with the project impractical under any of the alternatives.
How Are Significant Environmental Effects Reduced or Avoided?
SELECTED STATUTORY REFERENCES
- Purpose of Alternatives | Public Resources Code
- Use of EIRs |
- Findings Requirements |
Resources Code §21081
- Substantial Evidence |
SELECTED GUIDELINES REFERENCES
- Findings Requirements | 14
California Code of Regulations
- Definition of Lead Agency | 14 Cal
ifornia Code of Regulations
of Goleta Valley v. Board of Supervisors (Goleta I) (1988) 197
- Resources Defense Fund v. Local Agency Formation Commission of Santa Cruz
County (1987) 199 Cal.App.3d 886
Association v. Board of Supervisors (1986) 182 Cal.App.3d 1145
Laguna of Laguna Beach, Inc. v. Board of Supervisors (1982) 134
| CERES |
CEQA Home |
CEQA Flowchart |