15092. APPROVAL

• (a) After considering the final EIR and in conjunction with making findings under Section 15091, the Lead Agency may decide whether or how to approve or carry out the project.

• (b) A public agency shall not decide to approve or carry out a project for which an EIR was prepared unless either:

  • (1) The project as approved will not have a significant effect on the environment, or

  • (2) The agency has:

    • (A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in findings under Section 15091, and

    • (B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093.

• (c) With respect to a project which includes housing development, the public agency shall not reduce the proposed number of housing units as a mitigation measure if it determines that there is another feasible specific mitigation measure available that will provide a comparable level of mitigation.

Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21002, 21002.1, 21081 and 21159.26, Public Resources Code; Friends of Mammoth v. Board of Supervisors , (1972) 8 Cal. App. 3d 247; San Francisco Ecology Center v. City and County of San Francisco , (1975) 48 Cal. App. 3d 584; City of Carmel-by-the-Sea v. Board of Supervisors , (1977) 71 Cal. App. 3d 84; Laurel Hills Homeowners Association v. City Council , (1978) 83 Cal. App. 3d 515.