80A - SUPPLEMENTAL - SANTA ANA TRANSITZONINGCODE POST- RESPONSE TO COMMENTS - FEIR

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Attachment 1: Reasons for Denying Transit Zoning Code Briggs Law Corporation -June 5, 2010 Page 2of5 I. Necessary Findings and Sufficiency of the Evidence 1.01. The draft EIR states on page 5 -61 that the No Project /Reasonably Foreseeable Development Alternative is the environmentally superior alternative. However, you have not made the findings required under Public Resources Code Section 2108I(a) and (b) to approve the project generally and as they relate to the environmentally superior alternative. 1.02. To the extent that you have attempted to make all findings required under Public Resources Code Section 21081(a) and (b), such findings have not been supported by substantial evidence in the record. 1.03. You have not made all of the necessary Endings to support the General Plan Amendment, Specific Plan Amendment, Site Plan Permit, Architectural Permit, Minor Exception Permit, Variance, Conditional Use Permit, Sign Permit or Sign Exception Permit. Alternatively, such findings are not supported by substantial evidence. II. Air Quality 2.01 CARB guidelines state that siting sensitive land uses within 500 feet of a freeway should be avoided when possible. See Ex. 2X. The proposed project identifies residential uses, a sensitive land use, next to Interstate 5. 2.02 Mitigation measure MM4.2 -7 is not sufficient. The mitigation measure is too vague to be enforceable because the requirement that diesel - powered equipment be retrofitted with after - treatment products only applies "to the extent that they are readily available in the South Coast Air Basin." Mitigation measures MM4.2 -8 and -9 suffer the same defect in that they only apply when "readily available" and are "cost effective." 2.03 Many of the mitigation measures are designed so that they will not be subject to public scrutiny. For example, mitigation measures MM4.2 -7 through -17 all require that the specifications be provided prior to the issuance of the grading permit or building permit, but do not require that the specifications be identified prior to approval of fixture projects. 2.04 Mitigation measures MM4.2 -2 through -6 are unenforceable because they only say what the contractor "should" do. III. Air Quality- Greenhouse Gas Emissions 3.01 Because the project's cumulative greenhouse gas emission impact is significant, all feasible mitigation measures must be adopted. Many of the mitigation measures proposed are unenforceable. For example, MM4.13 -21 calls for "consideration" of installation of solar roofs and MM4.13 -22 and MM4.13 -24 call for measures to be implemented "where feasible," but do not define "feasible."