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<br /> <br />long-term unavoidable adverse impacts identified in <br />Environmental Impact Report No. 2004-02 as it pertains <br />to aesthetics, air quality, and traffic and transportation, <br />a statement of Overriding Considerations could be <br />issued by decision makers to balance the economic, <br />legal, social, and technological and/or other benefits of <br />this project against the unavoidable environmental <br />impacts. Any other negative or adverse impacts will be <br />mitigated through mitigation measures identified in <br />Environmental Impact Report No. 2004-02. <br /> <br />vi. The design or improvements of the proposed project will not <br />conflict with easements necessary for public access through <br />or use of the property within the proposed project. <br /> <br />There is no easement for public access on this <br />property, therefore the proposed project will not conflict <br />with easements necessary for public access through or <br />use of the property. Public access will be provided <br />from East Hutton Centre Drive, MacArthur Boulevard <br />and East Sandpointe Avenue. <br /> <br />L. Applicant has requested approval of Variance No. 2005-05 to reduce the <br />required building setback on Hutton Centre Loop from 10 feet to a minimum <br />setback of 7 feet, with an average setback of 12 feet, six inches for the <br />property located at 10 East Hutton Centre Drive (Lake Towers). <br /> <br />1. SD-76 requires that all building maintain a setback of 10 feet on <br />Hutton Centre Loop. <br /> <br />2. The City Council determines that the following findings which must <br />be established, pursuant to Santa Ana Municipal Code Section 41- <br />638, in order to grant a variance, have been established: <br /> <br />i. That because of special circumstances applicable to the <br />subject property, including size, shape, topography, location or <br />surroundings, that the strict application of the zoning <br />ordinance is found to deprive the subject property of privileges <br />not otherwise at variance with the intent and purpose of the <br />provisions of this Chapter. <br /> <br />The MacArthur Place South site is a contained site <br />surrounded by existing commercial and residential <br />developments. The setback reduction is necessary due <br />to the design restrictions of the high-rise residential <br />towers. The setback variance will allow the applicant <br />the ability to create pedestrian linkages among the <br /> <br />75B-167 <br /> <br />Resolution No. 2005-064 <br />Page 17 of 28 <br />