80A - TRANSIT ZONING CODE - FEIR - SUPPLEMENTAL - REPONSE TO COMMENTS

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Chapter 12 Responses to Comments Received Since Publication of the t=tnal EIR ~ Response to Letter BLC: Briggs Law Corporation The City received a comment letter from Briggs Law Corporation on behalf of Citizens for Responsible Equitable Environmental Development ("CREED") dated June 5, 2010 and received June 7th, 2010, the day of the CitSr Council and Agency hearing on the Transit Code and Development Project. The comment period on the Recirculated Draft EIR closed on April 12, 2010. The CitSr is therefore under no obligation to respond to late comments. (CEQA Guidelines Section 15088(a)). Nevertheless, the following responses to comments are provided. Response to Comment ~1.01~ CEQA Guidelines Section 15091 states that "No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding." (Refer also to Public Resources Code Section 21081.) The comment suggests that these findings should have been included in the Draft EIR on page 5-61. As noted in the Public Resource Code cited in the comment and CEQA Guidelines Section 15091, these findings only need to be made prior "approv[ing]" the project. While this information was not included in the Draft EIR, the required findings have been prepared and were included in the Planning Commission's Staff Report released several days prior to their May, 27, 2010 meeting. The findings have also been included in the City Council's Staff Report at the following URL (included in Exhibit 6 to Exhibit Q): http://www.ci.santa-ana.ca.us/coc/documents/Items/80A TOINT PH TransitCode.pdf Response to Comment ~1.02~ Comment states "to the extent that you have attempted to make all findings required by Public Resource Code Section 21081 (a) and (b), such findings have not been supported by substantial evidence in the record. As noted in Response to Comment "1.01," the findings have been prepared and are included in the Staff Report The findings have been prepared in compliance with CEQA and are based upon substantial evidence. Also note that at the time the comment letter was written on June 5, 2010, the Administrative Record/Record of Proceeding was not yet finalized. Furthermore, not all substantial evidence needs to be included in the EIR, as suggested in the comment letter. (Refer to Public Resources Code Section 21167.6(e); see also San Franciscans Upholding the Dozvnto~rn Plan v. City County of San F~anczsco (2002) 102 Ca.App.4`h 656, 690-691.) The commenter does not provide any details on why they believe these Findings to be inadequate. Therefore no further response is required (see CEQA Guidelines Section 15088(x) and 15204(x)). Response to Comment ~1.03~ Refer to Response to Comment "1.02." Refer to the City Council's Staff Report for the findings. 12-36 City of Santa Ana Transit Zoning Code (SD 84A and SD 84B) EIR