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

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Attachment I: Reasons for Denying Transit Zoning Code Briggs Law Corporation --Jane 5, 2010 Page 5 of 5 V. Alternatives 5.01 CEQA Guidelines Section 15162(d)(2) states that if the environmentally superior alternative is the no project alternative, the FIR must identify an environmentally superior alternative from among the other alternatives. Another environmentally superior alternative was not identified in the EIR. VI. Notice of Public Hearing 8.01. To the extent notice was given under Government Code section 65090, it did not satisfy the procedural and substantive requirements of Section 65090. For example, the notice failed to include the planning commission's recommendation and a complete project description. VII. Response to Comments 7.01. The City of Santa Ana did not respond to commenters as required by CEQA Guidelines Section 15088(b). VIII. Need to Recirculate 8.01 Under Public Resources Code Section 21092, 1, the EIR should have been recirculated because significant new information was added. For example, around fifty pages of the EIR were revised in some respect and three appendices. Alternatives were added, and while public review was extended to April 12, 2010, the report analyzing the additional alternatives was not recirculated and was not done until May 22, 2010. 8.02 The EIR should have been recirculated because new significant impacts were identified. For example, the final EIR acknowledges that the project will also have a significant air quality impact because of PM -2.5. The public lost the opportunity to identify feasible mitigation measures to reduce this new significant impact during the public review period. IX. Description of Project 9.01 An accurate project description is essential to an adequate analysis of the project's environmental impacts. You have failed to include a complete and consistent project description. 5