75A - PH - EIR 1584 E SANTA CLARA AVE

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`Z RUTAN RUTAN 6 TUCKER, LLP March 3, 2014 VIA E -MAIL AND HAND DELIVERY Mayor Miguel Pulido Members of the Santa Ana City Council City of Santa Ana PO Box 1988 M31 Santa Ana, CA 92701 Jeffrey T. Melebing Dii eel Dial: (7 14) 641 -3422 E-mail: jmelclun0rutaacom Re: Sexlinger Farmhouse and Orchard Residential Development Project Proposed At 1584 East Santa Clara Avenue Dear Mayor Pulido and Members of the Santa Ana City Council: This office has been engaged to assist Lutheran High School of Orange County and Concordia University (collectively, the "Schools "), in connection with their applications for residential development of the property located at 1584 East Santa Clara Avenue ( "Project "). On February 27, 2014, the City received letters from The Old Orchard Conservancy ( "TOOC "), and from its counsel, in opposition to the City's approval of the Project and its associated Final Environmental Impact Report. Those letters primarily reiterate TOOC's disagreement with the conclusions of the City's Planning Commission, staff, and expert consultants with regard to the Historic Preservation Alternative. The City's staff and independent expert consultants have done a thorough job in responding to those arguments — most recently in the staff report prepared for the March 4, 2014 City Council meeting. In addition to those matters, however, TOOC and its counsel mention two additional arguments: (1) that the project will impact important agricultural lands, and (2) that the criteria for granting a variance for "Lot 12" are not satisfied here. Neither argument has merit, but in the abundance of caution the Schools respectfully submit the following discussion and materials relating to those two issues. With regard to agricultural lands, TOOC's counsel claims that "the loss of prime agricultural soil is a significant impact" because the land has "a Storie Rating of 90 and Class I capability." The City reviewed potential impacts on agricultural lands in the Initial Study for the Project, and found that under both the Santa Ana General Plan and the State's Farmland Mapping and Monitoring Project ( "FMMP "), the City does not contain any Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. (Initial Study, Final FIR Appx. A, p. 25, 9[ A; see also Cal. Code Regs. § 15000 et seq., Appx. G, § II(a).) A review of the Statewide Rutan & Tucker, LLP � 611 Anton Blvd, Suite 1400, Costa Mesa, CA 92626 PO Box 1950, Costa Mesa, CA 92628 -1950 7t4(i41 =511 E x 714 -546 -9035 680/030670 0001 Orange County I Palo Alto I www.rutan.com 75A 3 5 6747449.1 a03/03/14