2005-063 - Statement of Overriding Considerations for the Property Located at 1, 9 and 10 East Hutton Centre Drive

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MacArthur Place South Findings and Facts in Support of Findings Environmental Impact Report . Second Planning Commission Public Hearing A second public hearing with the Santa Ana Planning Commission was held on the Draft ElR for the MacArthur Place South project on May 23, 2005. This meeting was held in the City of Santa Ana Council Chambers (22 Civic Center Plaza, Santa Ana). The purpose of the meeting was to review response to comments on the Draft ElR and to receive additional public comments on the Draft EIR At the conclusion of the meeting, the Santa Ana Planning Commission recommended the City Council certify the Draft ElR for the MacArthur Place South project. Appendix D in the RTC Report provides a list of all the persons who spoke at the Planning Commission public hearing. The transcript from the public hearing is also provided in the RTC Report. Written Responses to Written Comments The City evaluated the comments on environmental issues received from persons who reviewed the EIR. In accordance with CEQA, the City prepared written responses describing the disposition of significant environmental issues raised in these comments. As required by CEQA, the City has provided to each of the public agencies that commented on the Draft EIR responses to the comments received from that agency at least ten days prior to the certification of the Final ElR. The Final EIR provided adequate, good faith and reasoned responses to the comments. . Pursuant to Section 15088.5 of the CEQA Guidelines, a lead agency is required to recirculate an EIR when significant new information is added to the ElR after the Notice of Availability is given, but before certification. The term "new information" specifically includes: (i) Changes to the project, (ii) Changes in the environmental setting or (iii) Additional new data or other information. Section 15088.5 of the CEQA Guidelines further provides that".. .new information added to an EIR is not "significant" unless the ElR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement." The City has reviewed the comments received on the Draft EIR and the responses to those comments as well as other text changes and references that have been incorporated into the Final EIR. Since the release of the Draft ElR for public review, there have been no changes to the project; no changes in the environmental setting; and no additional data or information were added to the EIR which would deprive the public of a meaningful opportunity to comment on the project. Therefore, having reviewed the information contained in the Draft and Final ElRs and in the administrative record, as well as the requirements under Section 15088.5 of the CEQA Guidelines regarding recirculation of draft ElRs, the City hereby finds that there is no new significant information and no need to recirculate the EIR. Therefore, the Final EIR has been prepared and considered by the City. . Exhibit B Page 5 of 38 Page 5