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Agenda Item No. 11 <br />February 11, 2014 <br />Recieved After Agenda Printed <br />LAW OFFICES OF ROBERT C. HAWKINS <br />February 10, 2014 <br />Via email (jmurillo(a),newportbeachca.eov) <br />Rush Hill, Mayor <br />Members of the City Council <br />c/o Jaime Murrillo, Senior Planner <br />Department of Community Development <br />City of Newport Beach <br />100 Civic Center Drive <br />Newport Beach, California 92660 <br />Re: Comments on City Council Agenda Item No. 11: <br />Back Bay Landing Final Environmental Impact Report ( "FEIR ") <br />SCH No. 2012101003 <br />Greetings <br />Thank you for the opportunity to comment on the captioned matter. As you know, this firm <br />represents Stop the Dunes Hotel, an unincorporated community action group dedicated to ensuring <br />compliance with state and local laws including the California Environmental Quality Act, Public <br />Resources Code sections 21000 et seq. in connection with developments in and around the Back Bay <br />and the Dunes and Friends of the Bay dedicated to protection of Upper and Lower Newport Bay. <br />Because this Project threatens the Upper and Lower Newport Bay environment, traffic, biological <br />resources, aesthetics and views, noise, and other resources, we offer the following comments on the <br />DEIR/FEIR in the serious hope of avoiding these significant impacts which will seriously and <br />adversely affect our City, our community and the Upper and Lower Newport Bay environment. Of <br />course, these comments may seem late, but the Staff Report for the captioned Agenda Item No. 11 <br />only came out on Friday afternoon, February 7, 2014. These comments are timely. <br />I. Introduction: EIR Standards. <br />An EIR constitutes the heart of CEQA, Public Resources Code sections 21000 et seq.: An <br />EIR is the primary environmental document which: <br />".. serves as a public disclosure document explaining the effects of the proposed <br />project on the environment, alternatives to the project, and ways to minimize adverse <br />effects and to increase beneficial effects." <br />CEQA Guidelines section 15149(b). See California Public Resources Code section 21003(b) <br />(requiring that the document must disclose impacts and mitigation so that the document will be <br />meaningful and useful to the public and decision - makers.) <br />Further, CEQA Guidelines section 15151 sets forth the adequacy standards for an EIR: <br />14 Corporate Plaza, Suite 120 <br />Newport Beach, California 92660 <br />(949) 650.5550 <br />Fax: (949) 650.1181 <br />