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 Environmentally Superior Alternative. . Many of the environmental impacts of the MacArthur Place South project are related to the size of structures or intensity of the development. In general, projects with higher development intensity would generally result in more adverse impacts compared to alternatives with a lower intensity of development. As shown in Table 1, The Project Without the Cinema Tower Alternative would result in a reduction of 154 dwelling units. Potential traffic impacts, air quality impacts and noise impacts would be less adverse compared to the proposed project. Additionally, the Project Without the Cinema Tower Alternative would result in less shade and shadow impacts on adjacent residential uses. Therefore, the Project Without the Cinema Tower Alternative would be considered the environmentally superior alternative. 7.0 STATEMENT OF OVERRIDING CONSIDERATIONS Section I 5093(b) of the CEQA Guidelines provides that when the decision of a public agency results in the occurrence of significant adverse impacts that are identified in the Final EIR but are not substantially mitigated, the agency must state in writing the reasons to supports its actions based on the Final EIR and/or other information in the record. . The City of Santa Ana has considered the benefits of the MacArthur Place South project against its unavoidable adverse environmental impacts and has determined that the benefits the City would realize through the development of the MacArthur Place South project would outweigh the unavoidable significant adverse environmental impacts of the project. Additionally, the City has determined that the benefits of the MacArthur Place South project would outweigh the benefits of reduced environmental effects associated with the Without Cinema Tower Environmentally Superior Alternative. Each of the separate benefits of the project, as stated below, is determined to be, unto itself and independent of other project benefits, and a basis for overriding all unavoidable adverse impacts identified in these Findings. The reasons for the approval of the project despite the occurrence of significant unavoidable adverse impacts related to aesthetics, short-term, long-term and cumulative air quality, and surface transportation are: (a) The MacArthur Place South project is consistent with the General Plan. The level of air quality and traffic impacts associated with the MacArthur Place South project were anticipated in the Environmental Impact Report for the General Plan, for which a Statement of Overriding Consideration was adopted. The proposed MacArthur Place South project would not result in more severe air quality impacts and traffic impacts than what was projected in the General Plan EIR. (b) The development of a mixed-use project at MacArthur Place South would help to reduce vehicle miles traveled through the project area, thus helping to minimize air quality and traffic impacts. (c) The EIR has identified feasible mitigation to reduce significant impacts to the State Route-55 Southbound and Northbound On-Ramps to a level that would be less than significant. The project would contribute fair share funds for improvements to the on- ramps and when in time a program is established for the improvements to be . Exhibit B Page 35 of 38 Page 35