|
Honorable Mayor Pulido
<br />Santa Ana City Council
<br />January 21, 2020
<br />Page 6
<br />3. Cumulative impacts from the simultaneous addition of 1,900 residential units, 400
<br />hotel rooms, 1,400,000 square feet of commercial space, and up to 750,000
<br />square feet of office space as part of the nearby MainPlace Mall Transformation
<br />Project,3 located at 2800 N. Main St., which is approximately .5 miles from the
<br />subject Project.
<br />Moreover, the FEIR for the first time included an Arborist Report as a designed
<br />mitigation measure. The Arborist Report proposed removal of certain existing, mature
<br />trees. (See City Staff Rept., Oct. 28, 2019, 2-7; see also, id. at p. 2-38 [proposed
<br />statement of findings discussing certain Project Design Features "PDFs" that will be
<br />implemented like mitigation measures based on the Arborist Report].) Specifically, this
<br />new mitigation measure identified eight trees in an unhealthy condition that were
<br />recommended for removal. (See City Staff Rept., Oct. 28, 2019, 2-7.) Significantly, this
<br />new mitigation measure also had the potential to affect potential habitat for a special -
<br />status wildlife species: the western mastiff bat. As City staff suggested: "the site could
<br />be used by one special -status wildlife species, the western mastiff bat, that has a low
<br />potential to roost in the large trees and palms," some of which were first identified for
<br />removal in the Arborist Report. (See City Staff Rept., Oct. 28, 2019, 2-57 [draft
<br />statement of overriding considerations].) The City also acknowledged that this removal
<br />would require further review by the Environmental and Transportation Advisory
<br />Committee, but that it would "occur at a later date[.]" (See City Staff Rept., Oct. 28,
<br />2019, 2-7.)
<br />Yet, CEQA contemplates a full and complete environmental review that occurs prior to
<br />action on the Project. CEQA does not contemplate review at some later date, after a
<br />purportedly final environmental document has already been certified and public hearing
<br />closed. If the latter were true, it would render CEQA meaningless.
<br />To add insult to injury, after the public hearing had already been formally closed (City
<br />Council Meeting Video, Nov. 19, 2019, Hon. Mayor Pulido, at 5:03:25-5:03:30 ["close
<br />the public hearing and bring it to Council for consideration"]), Council adopted a new
<br />,.mitigation measure" on -the -fly. (Councilmembers and staff, discussion of substantive
<br />motion begins at 5:51:54.) The City did not supplement the FEIR based on this newly
<br />added mitigation measure. Instead, it filed the NOD certifying the stale FEIR the next
<br />day, on November 20, 2019. (See Pet'n ¶25; 7:3-11; 135; 8:24-27 & Ex. C [copy of
<br />filed NOD].) As a result, this triggered a thirty -day deadline for filing a lawsuit to
<br />challenge the FEIR. (Pub. Resources Code, §§ 21152, subds. (a), (c), 21167, subd.
<br />(b); Guidelines, § 15075(e).) Accordingly, SACRD was forced to file its petition without
<br />this significant new information being subject to public review. (See generally Pet'n
<br />¶¶1-58; ¶¶1-8; 1:-13:12 & Exs. A—E.) Thus, the City should have recirculated the
<br />3 Information regarding the MainPlace Mall Transformation Project is available at https://www.santa-
<br />ana org/pb/planning-division/major-planning-projects-and-documents/mainplace-mall-transformation-
<br />rp oject (last accessed Jan. 21, 2020, at 2:06 p.m. PST).
<br />4516.101 18600269.1
<br />
|