Item 41 - EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update

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EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 14 CEQA allows lead agencies to approve projects despite having significant and unavoidable impacts by adopting a statement of overriding considerations. A statement of overriding considerations documents the reasons why an agency chose to approve a project despite its significant and unavoidable impacts based on range of balancing factors, including economic, legal, social, technological, or other benefits conveyed by project. City staff is recommending adoption of a statement of overriding consideration for the General Plan and its implementation actions. In this instance, the economic, social, and other benefits of the General Plan implementation collectively outweigh the significant and unavoidable impacts noted above. Such benefits include the implementation of policies and programs preserving and enhancing community character, increasing community sustainability, providing high -quality and diverse housing opportunities, increasing economic vitality via new and business creation, supporting technological advancements, and maintaining compliance with current law. The acceptance of the noted significant and unavoidable impacts does not mean the City will forego efforts to mitigate the impacts to extent feasible. In addition, future projects will be subject to the discretionary review procedures through which the City will consider project specific environmental impacts and/or subject to regulations to offset impacts. As these reviews occur, decision makers will be updated on the status of application mitigation measures when making decision on such projects. Public notices for the City Council public hearing were mailed to interested parties, as well as property owners and occupants/tenants in the five Land Use Focus Area and a 500-foot radius from the Focus Area boundaries. In addition, a newspaper posting was published in the Orange County Reporter on November 26, 2021. Airport Land Use Commission Review The proposed changes to the Land Use Element to adopt the South Bristol and the 55 Freeway/Dyer Road Focus Areas required the General Plan update to be presented to the Airport Land Use Commission (ALUC) for a determination of consistency with their Airport Environs Land Use Plan (AELUP). On October 15th, 2020 the ALUC determined that the General Plan update conflicts with the goals and objectives of the AELUP and voted 5:0 to find the General Plan update inconsistent with their plan. As a result, on October 16th, 2020, at a special City Council meeting, the Council directed staff to file a Notice of Intent to Overrule the ALUC's determination. The draft City Council resolution for overruling the ALUC's determination has been attached at Exhibit 8. Based on the analysis provided within this report, staff recommends that the City Council certifying Final Recirculated Program Environmental Impact Report No. 2020-03 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and City Council 41 — 14 12/21/2021