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Cabrillo Town Center Project City of Santa Ana October 2, 2023 Page 2 of 6 PROJECT DESCRIPTION The Project proposes to demolish four commercial office buildings and construct a five - story mixed -use building that includes 449 residential units, a 898-stall parking garage, 6,000 square feet of retail space, and 9,000 square feet of live/work area. The Project also includes the development of a 58-unit townhome community with six three-story buildings and an additional 127 parking spaces. LEGAL STANDARD The 2007 EIR and 2018 SEIR serve as a program EIR for the Metro East Mixed Use Overlay Zone. For program EIRs, "later activities in the program must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared." (14 CCR § 15168(c).) A program EIR may only serve "to the extent that it contemplates and adequately analyzes the potential environmental impacts of the project." (Sierra Nevada Conservation v. County of El Dorado (2012) 202 Cal.App.4th 1156, 1171 [quoting Citizens for Responsible Equitable Envtl. Dev. v. City of San Diego Redevelopment Agency (2005) 134 Cal.App.4th 598, 615].) No new environmental document for a project is required if the project is "within the scope" of the program EIR. (14 CCR § 15168(c)(2).) Whether a project is "within the scope" of the program EIR is determined by whether a subsequent EIR is required under Guidelines section 15162. (Id.) Pursuant to Guidelines sections 15162(a) and 15168(c), a project is not within the scope of a previous program EIR where: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more