Laserfiche WebLink
Honorable Mayor Pulido <br />Santa Ana City Council <br />November 19, 2019 <br />Page 7 <br />shows this back-up increasing into the future, but it was not evaluated or mitigated in <br />the report text. This is important especially considering the overly wide intersection <br />being created with the project at Walkie Way. <br />Once the FOR is revised to include an accurate Project description, then additional <br />substantive issues may be raised and addressed. PSNA reserves its right to submit <br />supplemental information and evidence up to the final public hearing on the Project. <br />(See, e.g., Galante Vineyards v. Monterey Peninsula Water Management (1997) 60 <br />Cal.App.4th 1109, 1119-1120 [applicant has right to present comments "prior to the <br />close of the public hearing on the project."]; Coal. for Student Action v. City of Fullerton <br />(1984) 153 Cal.App.3d 1194, 1197 [same principle].) <br />5. THE FEIR SHOULD BE RECIRCULATED BECAUSE IT INCLUDES <br />SIGNIFICANT NEW INFORMATION. <br />An EIR must be recirculated if significant new information is added, in which case, <br />further public and agency review is required. (Pub. Resources Code, § 21092.1; 14 <br />Cal. Code Regs., § 15088.5.) The Public Resources Code says the following with <br />respect to mandatory circulation prior to certification: <br />When significant new information is added to an <br />environmental impact report after notice has been given <br />pursuant to Section 21092 and consultation has occurred <br />pursuant to Sections 21104 and 21153, but prior to <br />certification, the public agency shall give notice again <br />pursuant to Section 21092, and consult again pursuant to <br />Sections 21104 and 21153 before certifying the <br />environmental impact report. <br />(Pub. Resources Code, § 21092.1.) <br />New information is "significant" where the EIR has changed in a way that deprives the <br />public of a meaningful opportunity to comment. (See Spring Valley Lake Assn. v. City of <br />Victorville (2016) 248 Cal.AppAth 91, 106-109 [finding the revisions to the air quality <br />analysis and hydrology and water quality impact analysis "problematic"] (hereafter <br />"Spring Valley") [citing Laurel Heights Improvement Assn, v. Regents of University of <br />California (1993) 6 CalAth 1112, 1129 (hereafter "Laurel Heights Il")] ["the California <br />Supreme Court] held that new information is 'significant,' within the meaning of section <br />21092.1, only if as a result of the additional information 'the EIR is changed in a way <br />that deprives the public of a meaningful opportunity to comment upon a substantial <br />adverse environmental effect of the project or a feasible way to mitigate or avoid such <br />an effect.' (Accord, [Guidelines], § 15088.5. subd. <br />3917.101 18509864.1 <br />