CORRESPONDENCE - 75A (COMMENT) - Laserfiche WebLink

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I 2 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 69. For purposes of CEQA coverage, a "project' is defined as comprising "the whole of an action" that has the potential to result in a direct or reasonably foreseeable indirect physical I change to the environment. (14 Cal Code Regs § 15378(a).) Thus, the term "project' refers to the I activity for which approval is sought, not to each separate governmental approval that may be for the activity to occur. (14 Cal Code Regs §15378(c).) Accordingly, the lead agency describe the project to encompass the entirety of the activity that is proposed for approval to ensure that all potential impacts of the proposed project will be examined before it is approved. (14 Cal Code Regs § I5378(a), (d).) An initial study that fails to describe the entire project is fatally deficient: "[A] correct determination of the nature and scope of the project is a critical step in complying with the mandates of CEQA." (Nelson v County of Kern (2010) 190 Cal.AppAth 252, 267 [county violated CEQA by not including new surface mining as part of project when county was required to approve mining in addition to reclamation plan].) 70. In the August 9, 2018 Initial Study completed for the for the Project, Respondents defined the originally proposed project, which was the evaluated for environmental impacts, to include five (5) actions: (1) Development Project Approval for 325 N. Tustin Avenue and 301 N. Tustin Avenue; (2) Conditional Use Permit for drive through services on 301 N. Tustin Avenue; (3) Variance application for reduced landscape setback at 325 N. Tustin Avenue; (4) General Plan Amendment to revise land use designations of two parcels from Professional Administration Office to General Commercial; and (5) Amendment Application to change the zoning of four parcels from Professional to General Commercial (C2). (Initial Study, p. 10.) Respondents described the Original Project as follows: "The proposed project will facilitate the redevelopment of a site with a 2,778-square foot gas station convenience store, a 2,117-square foot gas pump canopy, and a 7,417-square foot multi -tenant retail building on two parcels totaling 1.46 acres in the City of Santa Ana. The project also includes a General Plan Amendment to the Land Use Plan Map, an Amendment Application (zone change) to the Zoning Map on two properties of the Tustin Avenue Retail Development Project site (1.46 acres) and three adjacent properties (2.78 acres), which together will be known as the Tustin PETITION FOR