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EIR No. 2018-01, DA No. 018-01, GPA No. 2018-06, <br />AA No. 2018-10 2525 North Main Street <br />February 5, 2019 <br />Page 7 <br />the request of the North Santa Ana Preservation Alliance, the City extended the DEIR public comment period <br />by an additional two weeks. At the close of the review and comment period on October 4, 2018, a total of <br />44 comment letters were received on the Draft EIR, <br />The City has evaluated the comments received from persons and agencies on the Draft EIR and Completed: <br />detailed Response to Comments revisions to the Draft EIR including clarifications and/or corrections to Commented [DH14]: some of the detailed <br />typographical errors, and a Mitigation Monitoring and Reporting Program (MMRP). The response to comments are incorrect. Aust will be <br />comments, MMRP and Final EIR were published on November 15, 2018 for public review. The Draft EIR, provided to the city staff. <br />responses to comments document, revisions to the Draft EIR, and the M MRP constitute the Final EIR for the <br />project (Exhibit 1). <br />FELR identified one sgnificant-and 'Impact impassociated withthis project, which pertains to <br />$thetics. Based on the City's visual criteria related to scale, height and setbacks, it was determined that <br />the project would result in a substantial change in views from existing conditions and would result in a <br />significant and unavoidable impact to the aesthetics is result of this impact that cannot be mitigated to <br />Moss than significant le4e a... B..a 'of Overriding Considerations is required prior to <br />roving. the project. A Statement of Overriding Considerations is the process through which decision <br />" iC, legal, social, and technological or other benefits of the proposed project <br />`mental impacts. <br />Development Agreement <br />The development agreement (DA) is a legal contract between the developer and the City that defines the <br />terms and nature of development proposed for the project site. This agreement establishes development <br />intensity, permitted uses and standards for the term of the agreement. In exchange for the City vesting <br />approval of the proposed project, the development agreement requires certain improvements and public <br />benefits as part of the project (Exhibit 2). For example, the DA will memorialize requirements for public art, <br />monetary contribution to fund physical improvements to Santiago Park, Park Santiago residents benefits <br />such as access to on site amenities, security patrol of the residential neighborhood and Santiago Park, <br />assistance in designating the Park Santiago Neighborhood Association as a historic district, and monetary <br />contribution to Park Santiago Neighborhood Improvements and Traffic Calming for improvements such as <br />street calming, traffic diversion, entry monuments, and street light upgrades. If approved, the agreement <br />will include both deal points and project conditions for the project. Highlights of the DA include: <br />Commented 1DH15]: and would result Ina <br />significant and unavoidable impact to the <br />aesthetics. <br />Mitigation measures for aesthetics are not <br />even addressed. <br />Term of Agreement. rhe right to build the project as entitled for a period of four years, with an <br />opportunityfor up to two, consecutive one-year extensions.) Extensions shall be subject to approval <br />Commented (DH76]: rhe potential fora 6 <br />by both the Owner and the City Manager. Prior to granting an extension, the Owner shall pay <br />year constmctionperiodisunacceptable. Do <br />$50,000 to the City's General Fund to compensate the City for lost revenue to be received by the <br />NOT give them an extension. Afee of <br />City had the project been completed within the first four years. <br />$250,000 if not completed on time. <br />75E-7 <br />