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City of Santa Ana – The Bowery <br />May 11, 2020 <br />Page 9 of 28 <br />3. Recirculation is Required to Give the Public an Opportunity to <br />Review and Comment Upon Changes to the Environmental <br />Setting / Baseline for the Project <br />The FEIR makes a number of modifications to the Project’s environmental setting or <br />baseline, requiring revision and recirculation. In particular, the DEIR originally <br />required additional mitigation for noise impacts due to aviation operations near the <br />Project Site requiring that “all prospective residents of the Project site shall be <br />notified of airport related noise.” (DEIR at 1-17, tbl. 1-2; FEIR at 3-1.)This was due <br />to the DEIR indicating that the Project Site was located with the Airport Environs <br />Land Use Plan Area (“AELUP Area”) for John Wayne Airport. (DEIR at 5.7-10; <br />FEIR at 3-5.) However, the FEIR subsequently determined that the Project Site is <br />not within the AELUP Area for John Wayne Airport. This change is significant new <br />information requiring revision and recirculation since it is both a change in <br />environmental setting and indicates that the DEIR is fundamentally and basically <br />inadequate. <br />4. Recirculation is Required to Give the Public an Opportunity to <br />Review and Comment Upon the Project’s Aesthetic Impacts due <br />to Modifications to the Project’s Height and Size <br />The FEIR also indicates changes to the Project that will have new, significant and <br />previously undisclosed aesthetic impacts. In particular, the FEIR discloses that the <br />Project will have two parking structures, one 76 feet in height and the other 70 feet in <br />height. The aesthetic impact of the height and size of these parking structures were <br />not disclosed or otherwise analyzed in the DEIR, and therefore is significant new <br />information requiring revision and recirculation, as they show a previously <br />undisclosed environmental impact and that the DEIR was fundamentally and <br />basically inadequate. <br />5. Recirculation is Required to Give the Public an Opportunity to <br />Review and Comment Upon Revised Construction Energy and Air <br />Quality Impacts <br />The FEIR also indicates changes to the Project that will have new, significant <br />undisclosed energy and air quality impacts. The FEIR discloses that rather than <br />having a 24 month construction period as originally discussed, the FEIR will be <br />under construction for 27 months. (DEIR 5.4-5, FEIR 3-4.)