Statement of Overriding Considerations Clause Samples
The Statement of Overriding Considerations clause serves to formally acknowledge that, despite the identification of significant adverse impacts—often in the context of environmental or regulatory review—there are compelling reasons to proceed with a proposed action. In practice, this clause is typically used when a project or decision cannot fully mitigate all negative effects, but the benefits, such as economic development or public necessity, are deemed to outweigh the drawbacks. Its core function is to provide a transparent justification for moving forward in situations where not all concerns can be resolved, thereby ensuring that decision-makers and stakeholders understand the rationale behind proceeding despite known issues.
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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 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:
1. The significant unavoidable impact of the Project identified in the Final EIR is the removal of a portion of the dry sand area presently used for coastal access and recreation. This impact was not specifically identified when the LRDP EIR was prepared as design of the revetment was only conceptual at the time. The LRDP included objectives for the future revetment design of "to protect the Lagoon Barrier and beach pumphouse, avoid alteration of natural shoreline processes, and maintain coastal access along dry sand area. " The Lagoon barrier structure conceptually described in the LRDP consisted of a cobblestone revetment project. During environmental analysis it was determined that the proposed revetment would consume 10 to 12 feet less dry sand area than the conceptual cobblestone revetment project, while also protecting the Lagoon Barrier and beach pumphouse and minimizing alteration of natural shoreline processes. Therefore although the proposed project will have an unavoidable land use/coastal access impact minimizes the impacts of implementing a project included within the LRDP. Other unavoidable impacts are LRDP impacts which were previously identified in the LRDP EIR and addressed in the Findings and Overriding Considerations previously adopted by The Regents in connection with its approval of the LRDP. The Project implements a portion of the LRDP and incrementally contributes to, but does not exceed, these significant and unavoidable impacts. For these reasons, the Statement of Overriding Considerations adopted by The Regents in connection with its approval of the LRDP is equally relevant to, and is adopted as a part of, this Project. Pages 119 through 124 of the Findings adopted by The Regents on September 20, 1990, in connection with its approval of the LRDP, setting forth The Regents Statement of Overriding Considerations, is incorporated into these Findings by this reference...
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 ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 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. 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 costs of providing additional public services. By buildout, the Project is expected to generate annual revenues of approximately $1.1 million. General Fund costs will be $582,000 annually, resulting in a net positive annual impact on the General Fund of approximately $500,000. This surplus is driven primarily by the property tax generated by the Project. The Project will be able to cover its service costs and provide surplus revenues to increase levels of service in other parts of the City, consistent with the goals and policies of the Specific Plan. requested that the City encourage office use to provide a more diverse customer base and better economic stability. Thus, increased hotel occupancy generated by the Project will benefit the City.
Statement of Overriding Considerations. The City of Santa ▇▇▇▇ 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.
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.
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 ▇▇▇▇▇ to uplands. The Board of Directors therefore finds that the remaining unavoidable significant environmental effects are acceptable.
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. Pursuant to Section 15093 of the CEQA Guidelines, GCID must balance the benefits of the proposed project against unavoidable environmental risks in determining whether to approve the proposed project. GCID adopts this Statement of Overriding Considerations (SOC), which identifies the specific overriding economic, legal, social, technological, or other benefits of the project that outweigh the significant environmental impacts identified in the Final EIR. GCID has balanced the benefits of the Drought Protection Program Agreement against the unavoidable adverse impacts associated with the proposed project and has adopted all feasible mitigation measures. GCID has also examined alternatives and has determined that adoption and implementation of the Drought Protection Program Agreement is the most feasible, and appropriate action to meet project objectives
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. A. INTRODUCTION Table 1 – Significant and Unavoidable Impacts Identified for the Approved Project Noise Vegetation and Wetlands