Section 90515 - Basis for Decisions on Projects(a) The basis for decisions by the Office on applications for Certificates of Need shall be: (1) The Statewide Health Facilities and Services Plan specified in Health and Safety Code Section 437.7, Subdivision (b).(2) The Statewide Policies developed and adopted pursuant to Health and Safety Code Section 437.8, including the review criteria established in Article 11.(b) In deciding upon a project for which an environmental impact report has been prepared, the Office shall consider and make written findings with respect to that report. (1) If the report identifies one or more significant environmental effects of the project, the Office shall not approve the project unless the Office makes one or more of the following written findings, accompanied by a statement of facts supporting each finding: (A) Changes or alterations which mitigate or avoid the significant environmental effects of the project identified in the final EIR have been required or incorporated into the project.(B) Changes or alterations which would mitigate or avoid the significant environmental effects of the project identified in the final EIR are within the responsibility and jurisdiction of another public agency and not of the Office. 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.(2) The findings required by (1) shall be supported by substantial evidence in the record.(3) The finding described in (1)(B) shall not be made if the Office has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives.Cal. Code Regs. Tit. 22, § 90515
1. Amendment filed 9-8-77; effective thirtieth day thereafter (Register 77, No. 37).
2. Editorial correction removing subsections (b) and (c), and correcting previous history note (Register 78, No. 24).
3. New subsection (b) filed 4-11-80; effective thirtieth day thereafter (Register 80, No. 15).
4. Amendment filed 10-14-83; designated effective 10-17-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 42). Note: Authority cited: Sections 437.6, 437.9 and 438.5, Health and Safety Code; and Sections 21000, 21001, 21002.1 and 21082, Public Resources Code. Reference: Section 438.5, Health and Safety Code.
1. Amendment filed 9-8-77; effective thirtieth day thereafter (Register 77, No. 37).
2. Editorial correction removing subsections (b) and (c), and correcting previous history note (Register 78, No. 24).
3. New subsection (b) filed 4-11-80; effective thirtieth day thereafter (Register 80, No. 15).
4. Amendment filed 10-14-83; designated effective 10-17-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 42).