Correspondence - #22 - Response to Late Comments

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E P I D SOLUTIONS,INC WHERE EXPERIENCE AN'N nAgc"p" "':F- Date: September 17, 2024 Prepared by: Meaghan Truman, Associate Environmental Planner III To: Ali Pezeshkpour, apezeshkpour@santa-ana.org Site: Related Bristol Specific Plan Project Subject: Late Comment Letters on the Supplemental EIR for the Related Bristol Specific Plan Project Received before September 17, 2024 (SCH No. 2020029087) Dear Mr. Pezeshkpour, The 45-day public comment period for the Supplemental EIR of the Related Bristol Specific Plan Project began July 6, 2023, and ended on August 21, 2023, as documented on the City's website, the Orange County Clerk's website, and State Clearinghouse. Under CEQA, a lead agency is required to consider comments on the Draft SEIR and to prepare written responses, if a comment is received within the public comment period. (Pub. Resources Code, § 21091, subd. (d); CEQA Guidelines, § 15088.) When a comment letter is received after the close of the public comment period, however, a lead agency does not have an obligation to respond. (Pub. Resources Code, § 21091, subd. (d)(1); Pub. Resources Code, § 21092.5, subd. (c)("Nothing in this section requires the lead agency to respond to comments not received within the comment periods specified in this division, to reopen comment periods, or to delay acting on a negative declaration or environmental impact report.").) Although a lead agency is not required to respond to late comments, it may choose to do so. (Gray v. County of Madera (2008) 167 Cal. App. 4th 1099, 1 1 10 (Gray), citing Pub. Resources Code, § 21091, subd. (d)(1); CEQA Guidelines, § 15088; Gilroy Citizens for Responsible Planning v. City of Gilroy (2006) 140 Cal.App.4th 911, 925, fn. 10 (Gilroy Citizens)). The letters were received by the City of Santa Ana after the 45-day public comment period for the Draft Supplemental EIR ended on August 21, 2023. However, the City of Santa Ana has elected to prepare the following written responses with the intent of conducting a comprehensive and meaningful evaluation of the proposed Project. The number designations in the responses are correlated to the bracketed and identified portions in the comment letter. EPD Solutions, Inc. has reviewed the letters and provided responses for the Lead Agency's consideration in review of the Related Bristol Specific Plan Project at the September 17, 2024, City Council Hearing. As further detailed in the individual responses to comments below, none of the comments indicate that there would be a substantial increase in the severity of a previously identified environmental impact that would not be mitigated, or that there would be any of the other circumstances requiring recirculation as described in CEQA Guidelines Section 15088.5. No new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented, there is no substantial increase in the severity of an environmental impact, no feasible project alternative or mitigation measure considerably different from others previously analyzed would lessen the environmental impacts of the Project, and the Draft and Final SEIR are not fundamentally inadequate and conclusory in nature. Please find the letters and response to comments attached. Respectfully, Meaghan Truman