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City of Santa Ana 4th and Mortimer Project COMMENTER: Richard Toshiyuki Drury, Lozeau Drury LLP, on behalf of Supporters' Alliance for Environmental Responsibility (SAFER) DATE: October 12, 2020 Response 1 The commenter provides an introductory statement and notes that the comments on the Addendum are submitted on behalf of SAFER and its members living near and around the City of Santa Ana. The commenter states that the project is an entirely different project than the project that was analyzed in the 2010 FEIR and requires a new EIR to analyze and mitigate the project's impacts based on the project's: (1) consistency with the zoning, massing, land use, population density analyzed in the 2010 FEIR; (2) exclusion of numerous mitigation measures required by the 2010 FEIR; (3) new and different environmental impacts that were not analyzed in the 2010 FEIR; and (4) relation to the approved TZC which was determined in the 2010 FEIR to result in significant an unmitigable environmental impacts. This comment is a general introduction to the commenter's claims of how the project is different from the approved project that was analyzed in the 2010 FEIR, how the Addendum is flawed, and why the use of an Addendum in lieu of an EIR is inappropriate. The primary objective of the approved TZC is to provide zoning for the integration of new infill development into existing neighborhoods encompassing over 100 blocks and 450 acres in the central core of Santa Ana. Specifically, the 2010 FEIR analyzed the potential development of 4,075 new residential units, approximately 351,000 square feet (sf) of retail development, and the addition of new open space. Since development in the TZC area has not exceeded these numbers, the proposed project is within the development parameters that were analyzed under the 2010 FEIR and is consistent with the type of project that was envisioned under the TZC. Generally, an addendum to a previously certified EIR is prepared when a lead agency is asked to issue a discretionary decision regarding a project, but none of the proposed actions meet the conditions that trigger the need for a subsequent or supplemental EIR. As noted in the Addendum, and pursuant to Public Resources Code (PRC) Section 21166 (Subsequent or Supplemental Impact Report; Conditions) and CEQA Guidelines Section 15162(a) (Subsequent EIRs and Negative Declarations), the proposed project did not require a subsequent or supplemental EIR or negative declaration because the lead agency determined, through environmental review, that none of the following conditions triggered the need for these environmental documents: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes would occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: A. The project will have one or more significant effects not discussed in the previous EIR or negative declaration; 75C-286