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CORRESPONDENCE - 60A
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CORRESPONDENCE - 60A
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12/3/2019
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City of Santa Ana— First American Mixed -Use Project [114 and 117 East Fifth Street] — Comments to City Council <br />November 18, 2019 <br />Page 5 of 13 <br />government officials who decide to build or approve a project do so with a full <br />understanding of the environmental consequences and, equally important, that the <br />public is assured those consequences have been considered. For the EIR to serve these <br />goals it must present information so that the foreseeable impacts of pursuing the <br />project can be understood and weighed, and the public must be given an adequate <br />opportunity to comment on that presentation before the decision to go forward is <br />made. Communities for a Better Environment P. Richmond (2010) 184 Cal.App.4th 70, 80 <br />(quoting Vineyard Area Citi.Zens for Resonsible Groxtb, Inc. v. City of Rancho Cordova (2007) <br />40 Cal.4th 412, 449 — 450). <br />B. The City's Preparation of an Addendum Instead of a Project -Specific <br />EIR is Improper <br />The City prepared an Addendum for the Project, tiering off of a 2010 EIR which was <br />completed for the Transit Zoning Code adoption. As such, no project specific analysis <br />has ever been performed in the prior 2010 EIR. Instead, the City chose to prepare <br />project -specific analyses in an addendum, which is not intended to replace a project - <br />specific EIR. <br />Addenda are utilized as a method of further review under CEQA. An addendum to a <br />previous environmental impact report or negative declaration must be prepared if <br />minor technical changes or additions are necessary but no subsequent EIR (SEIR) or <br />negative declaration is required. 14 Cal. Code Regs. §15164. <br />CEQA Guidelines section 15164 provides: "(a) The lead agency or a responsible <br />agency shall prepare an addendum to a previously certified EIR if some changes or <br />additions are necessary but none of the conditions described in [Guideline] 15162 <br />calling for preparation of a subsequent EIR have occurred. M ... [¶] (c) An addendum <br />need not be circulated for public review but can be included in or attached to the final <br />EIR...." <br />The Resources Agency's discussion of Guideline 15164 states it was "designed to <br />provide clear authority for an addendum as a way of making minor corrections in <br />EIRs ... without recirculating the EIR ...." 14 Cal. Code Regs. <br />§ 1 5164(discussion) (emphasis added). The Resources Agency's statement of reasons <br />for initially adopting Guideline 15164 states, "The concept of an addendum to an EIR <br />is new in the CEQA [G]uidelines, although such a device has been used by many <br />agencies previously. This section is designed to provide clear authority for the practice <br />
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