Item 18 - Appeal Application Nos. 2023-02 and 2023-03 for Cabrillo Town Center project

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City of Santa Ana — Cabrillo Town Center Project August 17, 2023 Page 2 of 3 191 (finding that any party who has objected to the project's environmental documentation may assert any issue timely raised). As noted in our previous comment letters, contrary to the City's finding that no subsequent EIR is necessary pursuant to the CEQA Guidelines because the Project is within the scope of Metro East Mixed -Use Overlay Zone EIR ("Metro EIR") and that there are no substantial changes with respect to the circumstances or new necessary mitigation measures, SWMSRCC maintains that there have been substantial changes to the Project and Project circumstances, and new information of substantial importance which has come out since the certification of the Metro EIR. Thus, a subsequent EIR must be prepared pursuant to Section 15162 of the CEQA Guidelines. A. The Project Must Comply with New Transportation Impact Methodology Requirements In July 2020, Senate Bill ("SB") 743 took effect in order to help reduce transportation impacts. Specifically, in an effort to reduce greenhouse gas impacts and create long term sustainability, SB 743 changed the standard for evaluating transportation impacts under CEQA from a Level of Service ("LOS") standard to Vehicle Miles Traveled ("VMT") standard. Thus, pursuant to CEQA Guidelines, section 15064.3(a), VMT "is the most appropriate measure of transportation impacts". Here, the Metro EIR, which was certified in 2007, uses the outdated LOS methodology to analyze traffic and transportation impacts. Metro PEIR at 4.12-9, et seq.' Thus, a subsequent EIR analyzing the Project's VMT is necessary in order to adequately assess the Project's transportation impacts and comply with CEQA, especially when considering that the Metro EIR found significant and unavoidable trans portation inpacts given the substantial increase in traffic. Id. at 4.12-54. Further, as noted by transportation expert Norman L. Marshall, such failure to conduct VMT analysis not only conflicts with CEQA but also the City of Santa Ana's adopted Resolution No. 2019-049 ("Resolution") since the Project does not satisfy the three categories of projects identified by the Resolution that are screened from complete VMT analysis. August 3, 2023 Letter from Norman L. Marshall to Talia Nimmer ("Exhibit A"). Specifically, the Resolution provides that projects can be screened from VMT analysis when they are (1) in a transit priority area; (2) in a low 'The EIR can be found at htWs://www.santa-ana.org/metro-east-mixed-use-overlay-zone/. City Council 18 — 291 10/3/2023