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Response 16: As described on page 7 of the October Clarification to the FEIR, the northern driveway would include a public use access easement to Santiago Park. Therefore, the project would not create a private -to -public access, but would provide for public access from Main Street to Santiago Park. The General Plan describes mixed -use land use designation that allows for both vertical and horizontal mixed -use developments, with an emphasis on linkages to a range of transportation options such as the proposed project. The designation takes into account the surrounding District Center area which creates a horizontal mixed -use setting with commercial, office, and residential uses such as the project. In addition, the City's District Center designation is not only utilized for mixed -use development projects. As described in Response 11, required the General Plan land use map designates the surrounding areas to the northwest, northeast, south of the Santa Ana I-5 Freeway and along Main Street north of Seventeenth Street as District Centers. The General Plan Amendment to District Center is consistent with the surrounding District Center designations along Main Street. Comment 17: The comment asserts that the project would result in a potential home price devaluation and therefore, a deprivation of the property rights of adjacent landowners. Response 17: Refer to Response 2. Comment 18: The comment cites case law about development agreements and states that the development agreement can be read to unconditionally commit to an approval without first attaining CEQA compliance and without proper preservation of the City's police powers, and any related project approval may be held invalid. Response 18: The development agreement for the project is part of the requested approvals, as listed in the October Clarification to the FEIR, and is contemplated during approval of the project and after completion of CEQA documentation. On November 19, 2019 the City Council voted to certify the Final Environmental Impact Report No. 2018-01 (SCH No. 2018021031), adopt findings of fact pursuant to CEQA, adopt a Statement of Overriding Considerations, and adopt the Mitigation Monitoring and Reporting Program. The EIR analyzed the project and the Development Agreement. The second reading of the Development Agreement is scheduled for December 3, 2019. The CEQA compliance was completed prior to the approval of the development agreement for the project. Comment 19: The comment states that if the City Council approves the project it would be subject to challenge by a referendum and that opponents to the project have increased through time. The comment states that should a referendum be conducted the City would have a mandatory duty to process it. Response 19: The city notes the rights of the citizens of the City to conduct a referendum. Comment 20: The comment states that neighboring properties are entitled to due process and a valid notice of the hearing must be provided. The comment provides a case law discussion and a description of the noticing requirements within the City's Municipal Code. The comment also states that the public hearing notice did not include the recommendation of the planning commission. Response 20: Pursuant to existing requirements for noticing, the November 19, 2019 City Council public hearing notice was posted in the Orange County Register and mailed to property owners and residents within 500 feet of the project site and included the Planning Commission's recommendation. "On October 28, 2019, the Planning Commission by a vote of 3:2, voted to recommend denial of the project." Comment 21: The comment requests the City Council deny the project, states that PNSA reserves its right to submit further public comment and requests written notice in advance of any future meetings or notices of determination related to the Project. 13 11A-121