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
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