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Flores, Dora From:ED GUTIERREZ <talk2edg@gmail.com> Sent:Tuesday, February To:!City Clerk; Arias, Fernanda Cc:ED ME DOLLY; Mills, Susan; Janet Brown Subject:Preservation of Position Regarding Audio Evidence and CEQA Exemption – Appeal Hearing Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Re: City Council consideration of Appeal Application No. 2025-02, Dear City Clerk and Members of the Council, I am submitting this email in advance of the appeal hearing scheduled for February 3, 2026, for the purpose of preserving my position in the administrative record should time constraints or procedural limitations prevent full presentation during the hearing. At the hearing, I intend to introduce an audio recording documenting repeated, amplified, daytime noise associated with on-site events occurring on the project grounds and intruding into adjoining R-1 residential properties. The recording is offered as evidence of ongoing operational conditions, not as an isolated or anecdotal occurrence. This evidence is directly relevant to the City’s consideration of CEQA compliance. Under Public Resources Code section 21084(c) and CEQA Guidelines section 15300.2(c), a categorical exemption may not be relied upon where substantial evidence demonstrates a reasonable possibility of a significant environmental effect. Noise impacts that materially interfere with residential use and enjoyment constitute a recognized environmental effect under CEQA. The audio recording constitutes substantial evidence of such impacts. In the event I am not permitted sufficient time to introduce the recording, play it in full, or articulate its legal significance during the hearing, this email is submitted to ensure the administrative record reflects that the issue was timely raised, supported by evidence, and not waived. Continued reliance on a categorical exemption in the presence of this evidence would be legally impermissible absent specific contrary substantial evidence identified in the record. I respectfully request that this correspondence be included in the official administrative record for the appeal and considered in conjunction with any evidence submitted or referenced at the hearing. Thank you for your attention and for preserving this submission as part of the record. Sincerely, Edward Gutierrez Inviato dal mio iPhone 2