Adoption of Findings and Statement of Overriding Considerations by the Decision Maker
San Diego Municipal Code § 128.0312
in effect§128.0312 Adoption of Findings and Statement of Overriding Considerations by the Decision Maker
Before approving a project for which the final EIR identifies one or more significant effects, the decision maker shall adopt the required findings in accordance with the State CEQA Guidelines, Section 15091. When the decision to approve the project allows the occurrence of significant effects that are identified in the final EIR but are not avoided or substantially mitigated, the decision maker shall make a statement of overriding considerations stating the specific reasons to support the decision based on the final EIR and other information in the record in accordance with the State CEQA Guidelines, Section 15093.
(a) Review of Further Information
If before making a decision, the decision maker determines that substantive additional information has been presented at the public hearing requiring further review, the decision maker may refer the information to the Planning Director for analysis, provided the referral does not adversely affect any time limits imposed by law.
(b) Preparation of Findings and Statement of Overriding Considerations
The findings and the statement of overriding considerations shall be in writing and shall be based on the entire record of proceedings.
(c) Availability of Findings and Statement of Overriding Considerations
Where findings or a statement of overriding considerations are required in accordance with Section 128.0312, the Planning Director shall make a draft available to the public and decision maker in accordance with Section 128.0310(c). Failure to provide this 14 calendar day review period shall not be treated as a procedural defect and shall not preclude discretionary action on the project.
(Added 6-19-2000 by O-18814 N.S.)
(Amended 2-12-2014 by O-20348 N.S.; effective 3-14-2014.)
(Retitled to “Adoption of Findings and Statement of Overriding Considerations by the Decision Maker” and amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter12/Ch12Art08Division03.pdf#page=7Fetched: 10/28/2026