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PALMIERI HENNESSEY LEIFER, LLP Honorable Mayor and City Councilmembers of the City of Santa Ana October 20, 2020 Page 6 The reliance on the 2010 FIR and the deficient Addendum is not sufficient. The 2010 EIR was not a project specific FIR. Rather, the 2010 EIR analyzed the then - proposed Transit Zoning Code. The 2010 EIR did not consider this project. hi fact, the only development proposal included in the project description of the 2010 FIR was in a different area of the City of Santa Ana. (See 2010 FIR, Figure 3-7.) In fact, as described in the 2010 EIR project description, the Transit Zoning Code was initially drafted as part of a Specific Plan, however, the City tabled the Specific Plan and instead proceeded with "the zoning component." The 2010 EIR project description states, "The Transit Zoning Code embodies many of the policies previously contained within the [specific plan], but is more limited in its scope of implementation." (Id., at p. 3-13.) The 2010 FIR did not include a site specific analysis of this proposed Project. Indeed, the City recognized and acknowledged that the 2010 EIR "can be characterized as both a program FIR and a project-EIR." The "project-EIR" component related to the development proposal (Figure 3-7) for another area in the City: "since adequate level of details is available for the development proposal, this EIR analyzes the project's specific potential impacts." (Id. at p. 3-28.) The City further recognized that further detailed analysis would be required for individual projects: "Regardless of its title, the document is intended to act as an analytical superstructure for subsequent, more detailed analyses associated with individual project applications consistent with the proposed project." (Ibid. [emphasis added].) Even more direct, in the 2010 EK the City stated: "The City recognizes that the program -level analysis of the remainder of the project does not include the level of detail necessary to qualify as a proiect FIR, and anticipates that future projects will require more detailed environmental review at the time they are proposed." (Ibid at p. 3-28.) The proposed Project's reliance on the 2010 FIR and the cursory "analysis" provided in the Addendum do not provide a "more detailed environmental review." Indeed, as discussed above, many of the development standards that were considered in the 2010 EIR and adopted in the Transit Zoning Code are being ignored without any consideration or analysis of the impact of such deviations on the environment. The Proiect will have a significant impact on Cultural Resources that has not been adequately analyzed: The Project proposes a massive development just a few feet away from one of the historic buildings in the City of Santa Ana —the Spurgeon Building. In order to make way for the mixed -use development proposed, the Project proposes to remove the existing parking structure including the bridge and appurtenances that connect to buildings that front on