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Legacy Sunflower Mitigated Negative Declaration <br />April 19, 2019 <br />Page 2 of 2 <br /> <br /> <br />The City is proposing to rely on a mitigated negative declaration (MND) for purposes of <br />review under the California Environmental Quality Act (“CEQA”). <br /> <br />The City apparently released the MND for public review on or about March 14, <br />2019, for a public comment period ending on April 8, 2019. The matter is scheduled for <br />consideration by the Planning Commission on April 22, 2019. <br /> <br />Our law firm did not receive notice of the release of the MND, and did not become <br />aware of the MND until it was mentioned in the agenda for the Planning Commission <br />hearing, despite the fact that on August 20, 2018, this law firm filed a written request to <br />the City of Santa Ana (“City”) pursuant to CEQA sections 21092.2 and 21167(f), and <br />Government Code section 65092, requesting written notice of all CEQA documents, <br />including mitigated negative declarations. Public Resources Code Sections 21092.2 and <br />21167(f), and Government Code Section 65092, require agencies to mail such notices to <br />any person who has filed a written request for them with the clerk of the agency’s <br />governing body. The City failed to comply with this duty. <br /> <br />Since the City failed to comply with CEQA sections 21092.2, 21167(f) and <br />Government Code section 65092, by failing to provide us with notice of the issuance of <br />the MND for the Sunflower Legacy Project, we request that the City re-open the public <br />comment period for the MND, and continue the Planning Commission hearing until after <br />the completion of the re-opened public comment period. The public comment period <br />should be no less than thirty days. Thank you. <br /> <br /> <br /> Sincerely, <br /> <br /> <br /> <br /> Richard Drury <br /> Counsel for SAFER