3 - The Bowery_PUBLIC COMMENT_RAMSEY

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City of Santa Ana – The Bowery May 11, 2020 Page 7 of 28 and governmental agencies to respond to such information.”].) If significant new information was brought to the attention of an agency prior to certification, an agency is required to revise and recirculate that information as part of the environmental impact report. 1. Recirculation is Required to Give the Public an Opportunity to Review and Comment Upon Changes to the Project’s Transportation Analysis CEQA requires that an environmental document identify and discuss the significant effects of a Project, alternatives and how those significant effects can be mitigated or avoided. (CEQA Guidelines § 15126.2; PRC §§ 21100(b)(1), 21002.1(a).) A Court “[w]hen reviewing whether a discussion is sufficient to satisfy CEQA, . . . the EIR (1) includes sufficient detail to enable those who did not participate in its preparation to understand and to consider meaningfully the issues the proposed project raises [citation omitted], and (2) makes a reasonable effort to substantively connect a project's air quality impacts to likely health consequences.” (Sierra Club v. County of Fresno (2018) 6 Cal. 5th 502, 510 [citing Laurel Heights Improvement Assn. v. Regents of University of California (1988) 47 Cal.3d 376, 405.]; see also PRC §§ 21002.1(e), 21003(b).) The Court may determine whether a CEQA environmental document sufficiently discloses information required by CEQA de novo as “noncompliance with the information disclosure provisions” of CEQA is a failure to proceed in a manner required by law. (PRC § 21005(a); see also Sierra Club v. County of Fresno (2018) 6 Cal. 5th 502, 515.) Failure to include all required information in a Draft EIR requires revision and recirculation of the Draft EIR. The FEIR requires revision and recirculation since the Project’s transportation analysis was entirely redone to perform both VMT analysis as well as revised LOS analysis based upon modifications to the Project. Since VMT analysis and transportation analysis are required under CEQA, the failure of the DEIR to include this information was an unlawful omission of information that requires revision and recirculation since the DEIR was fundamentally and basically inadequate.