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

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. . . F. G. building at 101 East Sandpointe Avenue, a 5,570 square foot restaurant and a 8,000 square foot retail building at 1 East Hutton Centre Drive. The attached exhibit shows the proposed site plan for the MacArthur Place South project site. Table 1 provides a statistical summary of the proposed project. Four (4) alternatives to the proposed project were developed and studied. The City prepared a Draft EIR for this proposed project, which was submitted for public comment to all responsible agencies, the State Clearinghouse, neighboring communities and districts, neighborhoods in the vicinity and the requesting public. H. All comments to the Draft EIR were considered and responded to in the proposed Final EIR (which includes the Draft EIR and errata). I. A proposed mitigation monitoring plan has been prepared, as has 38 pages of certain facts, findings and statement of overriding considerations, which are attached to this Resolution as Exhibits "A" and "B" respectively and incorporated by this reference as though fully set forth herein. Page 9 of the Clarification to the Draft Environmental Impact Report contained in the Volume IV is hereby replaced with Exhibit "C" which is attached hereto and incorporated by this reference as though fully set forth herein. This errata page shall replace page 9 of the clarifications to the Draft Environmental Impact Report. J. K. At its regular meeting of May 23, 2005, the Planning Commission of the City of Santa Ana, following a duly noticed public hearing, voted unanimously to recommend to the City Council that it adopt this Final EIR, the mitigation monitoring plan, and certain facts, findings and statements. L. The City Council has fully considered this matter, and all public testimony, at a duly noticed public hearing held at its regularly scheduled meeting of June 20, 2005. M. All attached documents, including the Final EIR, the mitigation monitoring plan, the 38 pages of findings and approvals, the Request for Council Action, and the record of proceedings are incorporated herein by this reference as though fully set forth. At the June 20, 2005 meeting, the City Council also adopted an ordinance approving Amendment Application No. 2005-01; adopted an ordinance approving Development Agreement No. 2005-02; and adopted a resolution approving Conditional Use Permits (Numbers 2005-10,2005-11,2005-12,2005-13,2005-15), Vesting Tentative Tract Maps (Numbers 2005-02, 2005-03, 2005-04), and Variances (Numbers 2005-05, 2005-07, 2005-10, 2005-12). This resolution incorporates by reference, as though fully set forth herein, the ordinance and resolutions and said Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of Resolution No. 2005-063 Page 3 of 5