A California city requires a developer to prepare an Environmental Impact Report (EIR) for a proposed 500-unit housing project. The EIR identifies significant unavoidable impacts on traffic. Under CEQA, can the city still approve the project?
Correct Answer
A) Yes, if the city adopts a Statement of Overriding Considerations finding that the project's benefits outweigh the impacts
Under CEQA Guidelines §15093, when a project has significant unavoidable environmental impacts that cannot be fully mitigated, the lead agency may still approve the project if it adopts a Statement of Overriding Considerations. This statement must document that the specific economic, legal, social, technological, or other benefits of the project outweigh the unavoidable adverse environmental impacts.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.
An easement by prescription is acquired through continuous, open, notorious, hostile, and uninterrupted use of another's land for a statutory period. It is similar to adverse possession but grants use rights, not ownership.
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
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