80A - SUPPLEMENTAL - SANTA ANA TRANSITZONINGCODE POST- RESPONSE TO COMMENTS - FEIR

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Chapter 13 TEXT CHANGES ■ Proposed Mitigation Measure. Revise mitigation measure MM4.6 -1 to require future development projects to adhere to "... the 4t' term Municipal NPDES Stormwater Permit for the Santa Ana Region of Orange County as adopted on May 11, 2009." (Letter from Orange County Public Works, dated June 3, 2010, comment OCPW -3.) Finding. The City finds that specific economic, legal, social, technological, or other considerations make this mitigation measure infeasible. Rationale. Because the majority of the future development of the Transit Zoning Code may occur years in the future, requiring development projects to comply with "current National Pollutant Discharge Elimination System ( NPDES) requirements" ensures compliance with the most up -to- date standards over a long period of time, since the requirements that are in effect today may differ in the future. Writing the mitigation measure in this way places the responsibility of complying with NPDES regulations on future project proponents, regardless of how the regulations change over time. Therefore, the City will adopt mitigation measure MM4.6 -1 as set forth in the EIR. Finding Related to Clarifications and Updates to the EIR in Response to Comments Received Since the Planning Commission Hearing on May 27, 2010 Finding. Responses to all written and oral comments on the EIR received since the Planning Commission Hearing on May 27, 2010, merely clarify and amplify the analysis presented in the EIR and do not trigger the need to recirculate per CEQA Guidelines §15088.5(b). Revised Finding on Alternative 5: No Demolition of Agency Properties /Relocate to Agency -Owned Infill Sites /Rehabilitate in Place Description This alternative would eliminate the demolition on the fourteen parcels within the Station District currently owned by the City of Santa Ana Redevelopment Agency that were slated for demolition under the proposed Developer Project (refer to Figure 5 -1 [Demolitions]). Instead, those properties would be rehabilitated in place or moved to vacant lots and rehabilitated, with the exception of the property located at 611 N. Minter Street, which would be demolished. Of the properties identified for demolition on parcels currently owned by the Agency, and those that may potentially be acquired in the future, only one is currently listed on the Santa Ana Register of Historical Properties —the Whitson - Powelson House located at 501 E. Fifth Street. The remaining houses have primarily been the subject of "windshield" surveys to determine their potential eligibility for listing as a historic resource. (Refer to EIR Section 4.4 and Appendix D.) Following a comprehensive historic survey of the properties, the City's Historic Resources Commission would evaluate all of the structures to determine their eligibility for listing on the City's Register of Historical Properties and would make recommendations regarding the selection of houses to be moved and onto which sites they should be moved. Once moved and /or rehabilitated the houses would then be offered as for -sale affordable housing. The proposed Transit Zoning Code would remain the same under this Alternative. In total, this Alternative would provide approximately 145 units (approximately 124 rental units and approximately 21 for sale units) on the Agency -owned parcels within the Station District. Of these, approximately 121 units would be rented to low, very -low and extremely -low income households. (Refer to EIR Appendix J [Alternatives Testing: Financial Analysis], Table 1, Alternatives Analysis.) This is the City of Santa Ana Transit Zoning Code (SD 84A and SD 84B) EIR 13 -3