Cal. Code Regs. Tit. 14, § 774 - Findings

Fish and Game shall not approve or carry out a project for which an environmental impact report has been completed which identifies one or more significant effects of the project unless the public agency makes one or more of the following written findings for each of those significant effects, accompanied by a statement of the facts supporting each finding.

(a) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the final EIR.

(b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.

(c) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR.

These findings required by Section 774 shall be supported by substantial evidence in the record.

The finding in subsection (b) shall not be made if Fish and Game has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives.

Notes

Cal. Code Regs. Tit. 14, § 774

Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.