75D - PH - MATER DEI EXPANSION AND PARKING STRUCTURE

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EIR No. 2013 -01 and Amend DA No. 1999 -01 July 13, 2015 Page 4 The City has evaluated the comments received from persons or agencies that reviewed the EIR, In accordance with CEQA, each public agency and interested party that commented on the draft EIR was provided with a response to its comments at least 10 days prior to the Planning Commission public hearing. The 'Responses to Comments document, the Mitigation Monitoring Program and the Draft EIR constitute the Final EIR. In addition, the Findings of Fact and Statement of Overriding Considerations for the project have been prepared. The EIR has found that, of the seven environmental issues analyzed in the draft EIR, six were determined to be less than significant or could be reduced to less than significant levels with mitigation measures. With the exception of aesthetics /light and glare, it was determined that the remaining six environmental issues would have no significant and unavoidable adverse impacts associated resulting from this project after mitigation from proposed project implementation as all potential impacts that were identified for the project can be mitigated to a level of less than significant (Exhibit 8). The EIR identified aesthetics /light and glare as the one unavoidable adverse impacts associated with this project. The unavoidable aesthetic impacts pertained to the height, size and scale of the new parking structure being introduced into the neighborhood, that it would significantly exceed the height of the adjacent single- family residential structures found in the area, would contrast with other nearby buildings, and would be a visual intrusion into the neighborhood.. As a result of the impacts that cannot be mitigated to a less than significant level, adoption of a Statement of Overriding Considerations is required prior to approving the project, A Statement of Overriding Considerations is the process through which decision makers balance the economic, legal, social, and technological or other benefits of the proposed project against its unavoidable environmental impacts,. Amendment to the Development Agreement The development agreement is a legal contract between the developer and the City that defines the terms and nature of development proposed for the project site. This agreement establishes development intensity, permitted uses and standards for the term of the agreement. In exchange for the City vesting approval of the proposed project, the development agreement requires certain improvements and public benefits (Exhibit 9). In 1995,, a development agreement was approved between the City and Mater Del, In 1999, a new development agreement was approved between the parties that approved the Mater Del 2000 Master Plan. Mater Del is now proposing to modify the approved master plan and obtain approval of an amendment to the development agreement. The four proposed primary modifications include: 1. An extension of the right to build the project as entitled for a period of 25 years, with an expiration date of 2040; 75D -6