Laserfiche WebLink
• Matters of common knowledge to the County, including, but not limited to federal, state, <br /> and local laws and regulations; <br /> • Any documents expressly cited in these findings, in addition to those cited above; and <br /> • Any other materials required for the record of proceedings by Public Resources Code <br /> section 21167-6, subdivision(e). <br /> The documents constituting the record of proceedings are available for review by responsible <br /> agencies and interested members of the public during normal business hours at the County of <br /> San Joaquin Community Development Department, 1810 E. Hazelton Avenue, Stockton, CA <br /> 95205. The custodian of these documents is the San Joaquin County Community Development <br /> Director. <br /> The County's decisionmakers have relied on all of the documents listed above in reaching their <br /> decisions on the proposed project even if not every document was formally presented to the <br /> decisionmakers as part of the County files generated in connection with the proposed project <br /> Without exception, any documents set forth above not found in the project files fall into one of <br /> two categories. Many of them reflect prior planning or legislative decisions with which County <br /> decisionmakers were aware in approving the proposed project. (See City of Santa Cruz v. Local <br /> Agency Formation Commission (1978) 76 Ca1.App.3d 381, 391-392; Dominey v. Department of <br /> Personnel Administration (1988) 205 Ca1.App.3d 729, 738, fn. 6.) Other documents influenced <br /> the expert advice provided to County Staff or consultants, who then provided advice to the final <br /> decisionmakers. For that reason, such documents form part of the underlying factual basis for the <br /> County's decisions relating to approval of the proposed project (See Pub. Resources Code, § <br /> 21167.6, subd. (e)(10); Browning-Ferris Industries v. Citv Council of City of San Jose (1986) <br /> 181 Cal.App.3d 852, 866; Stanislaus Audubon Society, Inc. v. County of Stanislaus (1995) 33 <br /> Cal.AppAth 144, 153, 155.) <br /> V. <br /> FINDINGS REQUIRED UNDER CEOA <br /> Public Resources Code section 21002 provides that"public agencies should not approve projects <br /> as proposed if there are feasible alternatives or feasible mitigation measures available which <br /> would substantially lessen the significant environmental effects of such projects[.]" The same <br /> statute provides that the procedures required by CEQA "are intended to assist public agencies in <br /> systematically identifying both the significant effects of Projects and the feasible alternatives or <br /> feasible mitigation measures which will avoid or substantially lessen such significant effects." <br /> Section 21002 goes on to provide that "in the event [that] specific economic, social, or other <br /> conditions make infeasible such project alternatives or such mitigation measures, individual <br /> projects may be approved in spite of one or more significant effects thereof." <br /> The mandate and principles announced in Public Resources Code section 21002 are <br /> implemented, in part, through the requirement that agencies must adopt findings before <br /> approving projects for which EIRs are required. For each significant environmental effect <br /> identified in an EIR for a Project,the approving agency must issue a written finding reaching one <br /> Love's Travel Stops Project 8 Findings of Fact and <br /> Statement of Overriding Considerations <br />