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Appeal — Cabrillo Town Center Mixed -Use Development Project <br />May 3, 2023 <br />Page 10 of 12 <br />Given that there have been substantial changes to the Project and Project <br />circumstances, and new information of substantial importance has come out since the <br />certification of the Metro EIR, a subsequent EIR should have been prepared. <br />A. There Are New Transportation Impact Methodology Requirements, Not <br />Analyzed in the Metro EIR <br />In July 2020, Senate Bill ("SB") 743 took effect in order to help reduce transportation <br />impacts. Specifically, in an effort to reduce greenhouse gas impacts and create long <br />term sustainability, SB 743 changed the standard for evaluating transportation impacts <br />under CEQA from a Level of Service ("LOS") standard to Vehicle Miles Traveled <br />("VMT") standard. Thus, pursuant to CEQA Guidelines, section 15064.3(a), VMT <br />"is the most appropriate measure of transportation impacts". <br />Here, the Metro EIR, which was certified in 2007, uses the outdated LOS <br />methodology to analyze traffic and transportation impacts. Metro PEIR at 4.12-9, et <br />seq." Thus, a subsequent EIR analyzing the Project's VMT is necessary in order to <br />adequately assess the Project's transportation impacts, especially when considering <br />that the Metro EIR found significant and unavoidable transportation impacts given the <br />substantial increase in traffic. Id. at 4.12-54. <br />B. The Project Requires New Feasible Mitigation Measures to Mitigate <br />Greenhouse Gas Impacts <br />The Project at hand also requires new feasible mitigation measures not specified in the <br />PEIR such as electric vehicle ("EV") parking and charging stations and solar system <br />installation. Such measures are of particular importance given the Metro EIR failed <br />entirely to assess greenhouse gas ("GHG") impacts. Metro EIR at 4-1 — 4-2. <br />First, although the Project is slated to provide 898 parking stalls, the Master EIR fails <br />to specify the new requirement that residential buildings must designate 10% of their <br />parking spaces as EV capable, equip 25% of the parking spaces with low power level <br />2 EV charging receptacles, and equip 5% of the spaces with level 2 EV supply <br />equipment. GBC 4.106.4.2. <br />Further, the Metro EIR fails to include a mitigation measure requiring the installation <br />of photovoltaic and battery system, as required by section 1040.10 of the 2022 Energy <br />" The EIR can be found at https://www.santa-ana.org/metro-east-mixed-use-overlay-zone/. <br />City Council 18 — 27 10/3/2023 <br />