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ALSTON & BIRD <br />333 Soutlt Hope Street, 16th Floor <br />Los Angeles, CA 90071-1410 <br />213-576-1000 <br />Fax: 213-576-1100 <br />www.alston.conn <br />Edward J. Casey Direct Dial: 213-576-1005 E-mail: ed.casey®alstonmm <br />December 7, 2017 <br />Via Email <br />skelahei santa ana.ora <br />Selena Kelaher <br />City of Santa Ana <br />Planning Division <br />P.O. Box 1988 <br />Santa Ana, CA 92701 <br />Re: Proposed Hampton Hotel Project <br />Dear Ms. Kelaher: <br />This law firm represents the owner and operator of Hollybrook Senior Living of <br />Orange ("Hollybrook"), located at 2025 North Bush Street, Santa Ana, California. <br />Hollybrook has been an important member of the community since it began its operations <br />in 1969. We write this letter to express our concerns about the parking and traffic related <br />impacts that would be caused by the proposed Hampton Hotel Project ("Hotel Project"), <br />particularly since Hollybrook is located less than one quarter of a mile away from the <br />Project site. Currently, the Project site is used by members of the community for parking <br />given the deficiencies in the amount of parking provided in this area of the City. <br />We first address the adequacy of the Mitigated Negative Declaration ("MND") <br />prepared for the Hotel Project. Case law is clear that courts generally apply the "fair <br />argument" test to review an agency's decision to use a negative declaration under the <br />California Environmental, Quality Act ("CEQA"). (Rominger v. County ofColusa (2014) <br />229 Cal.App.4th 690, 713.) CEQA requires a lead agency to prepare an EIR for any project <br />that "may have a significant effect on the environment." (Pub. Resources Code, § 21151; <br />Friends of "B" Street v. City of Hayward (1980) 106 Ca1.App.3d 988, 999.) If an initial <br />study reveals that a project may have a significant effect on the environment, an EIR must <br />be prepared. (Friends of "B" Street, supra, 106 Cal.App.3d at p. 1000.) Courts have <br />routinely held that an EIR must be prepared "whenever it can be fairly argued on the basis <br />of substantial evidence that the project may have significant environmental impact." (Id. <br />at p. 1001.) <br />Alston & Bird LLP EXHIBIT B www alston corn <br />Atlanta I Beijing I Brussels I Charlotte I Dallas I Los Angeles I New York I Research Triangle I San Francisco I Sultan Valley I Washington, D.C. <br />75A-155 <br />