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SU0004094
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SU0004094
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Last modified
10/27/2020 1:02:10 PM
Creation date
9/6/2019 10:43:21 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2600 - Land Use Program
RECORD_ID
SU0004094
FACILITY_NAME
QX-01-0002
STREET_NUMBER
36736
Direction
S
STREET_NAME
KOSTER
STREET_TYPE
RD
City
TRACY
ENTERED_DATE
5/12/2004 12:00:00 AM
SITE_LOCATION
36736 S KOSTER RD
RECEIVED_DATE
1/8/2002 12:00:00 AM
QC Status
Approved
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SJGOV\wng
Supplemental fields
FilePath
\MIGRATIONS\K\KOSTER\36736\QX-01-02_PA-0200065\SU0004094\EIR 2004.PDF
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EHD - Public
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Cemex Vernalis Quarry Mining and Reclamation Project <br /> was presented to the decision-making body of the lead agency and that the body has reviewed and <br /> considered the information contained in the Final EIR prior to approving the project;and (3)the <br /> Final EIR reflects the lead agency's independent judgment and analysis(CEQA Guidelines, <br /> Section 15090(a); see also Public Resources Code, Section 21082.1(c)(3)). <br /> J <br /> Before approving a project for which a certified Final EIR has identified significant <br /> environmental effects,the lead agency must make one or more specific written findings for each 1 <br /> of the identified significant impacts. These findings include and are limited to the following: <br /> (1) Changes or alterations have been required in,or incorporated into,the project that — <br /> avoid or substantially lessen the significant environmental effect as identified in the <br /> Final EIR. <br /> (2) Such changes or alternations are within the responsibility and jurisdiction of another <br /> public agency and not the agency making the finding. Such changes have been <br /> adopted by such other agency or can and should be adopted by such other agency. <br /> (3) Specific economic, legal, social,technological or other considerations, including <br /> provision of employment opportunities for highly trained workers,make infeasible <br /> the mitigation measures or project alternatives identified in the Final EIR. (See <br /> CEQA Guidelines, Section 15091(a)). <br /> If there remain significant environmental effects even with the adoption of all feasible mitigation v <br /> measures or alternatives,the agency must adopt a"statement of overriding considerations"before <br /> it can proceed with the project. The statement of overriding consideration must be supported by <br /> substantial evidence in the record(CEQA Guidelines, Sections 15092 and 15093). — <br /> These overriding considerations include the economic, legal, social,technological,or other <br /> benefits of the proposed project. The lead agency must balance these potential benefits against the <br /> project's unavoidable environmental risks when determining whether to approve the project. If <br /> the specific economic,legal,social,technological,or other benefits of a proposed project outweigh <br /> the unavoidable adverse environmental effects, the lead agency may consider the adverse <br /> environmental impacts to be "acceptable"(CEQA Guidelines, Section 15093(a)). These benefits <br /> should be set forth in the statement of overriding considerations,and may be based on the Final <br /> EIR and/or other information in the record of proceedings (CEQA Guidelines, Section 15093(b)). <br /> Notably,the California Supreme Court, reflecting on this multi-step process for considering <br /> project impacts and benefits,has stated that, "[tjhe wisdom of approving any development <br /> project, a delicate task which requires a balancing of interests, is necessarily left to the sound <br /> discretion of the local officials and their constituents who are responsible for such decisions. The <br /> law as we interpret and apply it simply requires that those decisions be informed,and therefore <br /> balanced."(See Citizens of Goleta Valley v. Board gfSupervisors(1990) 52 Cal.3d 553, 576.) <br /> Cemex Vernals Quarry Mining and Reclamation Project 1-2 ESA 1203015 <br /> Final Emkonmenial Impact Rel,od June 2008 <br />
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