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was categorially exempt from CEQA (which was not available because of, among other things, the <br />general plan and zoning changes), and abandoned the previously adopted MND as well as the <br />Mitigation Monitoring and Reporting Program ("MMRP") adopted to implement the mitigation <br />measures. Such a scheme is prohibited by CEQA. <br />CEQA requires the City to conduct subsequent environmental review following the MND based <br />on the substantial changes to the Original Project by the addition of the car wash. CEQA does not <br />authorize the City to proceed with the project but abandon the MND and MMRP previously adopted <br />simply because they revised a portion of what was previously proposed and approved. Moreover, even <br />if CEQA allowed the City to evaluate the Revised Project anew, the City is required to include the entire <br />project in the review, including the portions already completed such as the general plan and zoning <br />amendments. When the entire project is included, the City is precluded from invoking the categorical <br />exemption selected. Further, the addition of the car wash will have substantial impacts on the <br />environment requiring the preparation of an Environmental Impact Report ("EIR"), subsequent EIR, <br />MND or subsequent MND. But even without the impacts from the car wash, the substantial <br />environmental impacts identified as part of the original MND still apply to the Revised Project, which <br />precludes the City from utilizing a categorical exemption for the Revised Project regardless of how it is <br />analyzed. <br />In the attached Notice of Intent to File a Petition for Writ of Mandate for Violations of the <br />California Environmental Quality Act, and the Draft Petition for Writ of Mandate attached as Exhibit A <br />thereto, the Petitioners seek a writ of mandate from the California Superior Court to set aside the Notice <br />of Exemption, Environmental Review No. 2019-69 (the "NOE") filed by the City, to set aside the City's <br />determination that the Project, including the Revised Project at 301 N. Tustin Avenue, Santa Ana, in the <br />County of Orange, is categorically exempt from CEQA environmental review as an in -fill development <br />project pursuant to 14 Cal. Code Regs. Sec. 15332, and to order Respondents to conduct environmental <br />review, including the preparation of an FIR, Subsequent EIR, MND, or Subsequent MND, as required <br />by CEQA. The Petition also seeks to set aside all other approvals the City has granted for the Revised <br />Project, including Conditional Use Permit No. 2019-30, Amendment to Variance No. 2018-10, and <br />Conditional Use Permit No. 2019-31, for failing to comply with CEQA. <br />In addition, this Petition requests that the Court compel Respondents to provide public notice of <br />all CEQA determinations, all public hearings or meetings discussing a CEQA determination with <br />adequate time for the public to meaningfully participate, and further to provide notice to businesses and <br />residents within a sufficient radius of the Revised Project so that interested parties may meaningfully <br />prepare and appear to protect their interests, and Respondents may receive important input from the <br />public, including those affected by the Revised Project. <br />On September 9, 2019, Respondents improperly approved the Revised Project and filed the NOE <br />the following day, September 10, 2019. Petitioners requested the City to withdraw the NOE in light of <br />the pending Appeal to the City Council, but the City refused this request. This forced the petitioners to <br />