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EIR No. 2018-01, DA No. 2018-01, GPA No. 2018-06, <br />AA No. 2018-10 2525 North Main Street <br />February 5, 2019 <br />Page 7 <br />zoning district development standards, which could result in an approximately 390,000 square foot <br />two and three-story office building (Alternative 3). <br />The Draft EIR determined that the proposed project would require mitigation related to aesthetics, <br />air quality, biological resources, hazardous materials, construction noise and vibration, interior noise, <br />and tribal resources. Impacts related to aesthetics would remain significant and unavoidable after <br />mitigation. <br />On August 7, 2018, the Draft EIR was circulated for review and comment to public, City Council, <br />Planning Commission, local, regional and state agencies, and interested parties for a 45 -day public <br />comment review period. In addition, a Planning Commission public hearing was held on August <br />27, 2018 where staff presented the EIR process and environmental information to the Planning <br />Commission and pubic and received public comments on the DEIR. To allow for additional time for <br />public review and comment, and at the request of the North Santa Ana Preservation Alliance, the <br />City extended the DEIR public comment period by an additional two weeks. At the close of the <br />review and comment period on October 4, 2018, a total of 44 comment letters were received on <br />the Draft EIR. <br />The City has evaluated the comments received from persons and agencies on the Draft EIR and <br />completed detailed Response to Comments, revisions to the Draft EIR including clarifications <br />and/or corrections to typographical errors, and a Mitigation Monitoring and Reporting Program <br />(MMRP). The response to comments, MMRP and Final EIR were published on November 15, 2018 <br />for public review. The Draft EIR, responses to comments document, revisions to the Draft EIR, and <br />the MMRP constitute the Final EIR for the project (Exhibit 2). <br />The EIR identified one significant and unavoidable impact associated with this project, which <br />pertains to aesthetics. Based on the City's visual criteria related to scale, height and setbacks, it <br />was determined that the project would result in a substantial change in views from existing <br />conditions and would result in a significant and unavoidable impact to the aesthetics. As a result <br />of this impact that cannot be mitigated to a less than significant level, adoption of a Statement of <br />Overriding Considerations is required prior to approving the project. A Statement of Overriding <br />Considerations is the process through which decision makers balance the economic, legal, social, <br />and technological or other benefits of the proposed project against its unavoidable environmental <br />impacts. <br />Development Agreement <br />The development agreement (DA) is a legal contract between the developer and the City that defines <br />the terms and nature of development proposed for the project site. This agreement establishes <br />development intensity, permitted uses and standards for the term of the agreement. In exchange for <br />the City vesting approval of the proposed project, the development agreement requires certain <br />improvements and public benefits as part of the project (Exhibit 3). For example, the DA will <br />memorialize requirements for public art, monetary contribution to fund physical improvements to <br />Santiago Park, Park Santiago residents benefits such as access to on site amenities, security <br />patrol of the residential neighborhood and Santiago Park, assistance in designating the Park <br />Santiago Neighborhood Association as a historic district, and monetary contribution to Park <br />75E-7 <br />