1. (a) There is no feasible way to lessen or avoid the significant effect (see Section 15091); and
2. (b) Specifically identified expected benefits from the project outweigh the policy of reducing or avoiding significant environmental impacts of the project. (See Section 15093.)

A public agency may approve a project even though the project would cause a significant effect on the environment if the agency makes a fully informed and publicly disclosed decision that:

Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21002 and 21002.1, Public Resources Code; San Francisco Ecology Center v. City and County of San Francisco, (1975) 48 Cal. App. 3d 584; San Diego Trust & Savings Bank v. Friends of Gill, (1981) 121 Cal. App. 3d 203.

History

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).