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4.8 Greenhouse Gas Emissions <br />Any Substantial <br />Any Substantially <br />Changes <br />Changed <br />Involving New <br />Circumstances <br />Significant <br />Involving New <br />Impacts or <br />Significant Impact <br />Any New <br />Project <br />Impact <br />Substantially <br />or Substantially <br />Information of <br />Incorporates <br />Issues (and supporting <br />Determination <br />More Severe <br />More Severe <br />Substantial <br />Mitigation <br />Information Sources) <br />in EIR <br />Impacts? <br />Impacts? <br />Importance? <br />Measure(s)? <br />GREENHOUSE GAS EMISSIONS: <br />Would the project: <br />(a) Generate greenhouse <br />gas emissions, either <br />directly or indirectly, that <br />may have a significant <br />NA <br />NA <br />NA <br />NA <br />No <br />impact on the <br />environment? <br />(b) Conflict with an <br />applicable plan, policy or <br />regulation adopted for the <br />NA <br />NA <br />NA <br />NA <br />No <br />purpose of reducing the <br />emissions of greenhouse <br />gases? <br />4.8.1 Impact Determination in the EIR <br />Generate GHG emissions/Consistency with Plans, Policies, and Regulations <br />The topic of GHG Emissions impacts was not included in the 2007 CEQA Guidelines, and as <br />such, was not included in the Certified EIR's analysis of the Overlay Zone's potential impacts. <br />Since the approval of the Certified EIR, international agreements, as well as federal and state <br />laws and regulations, have been adopted to reduce GHG emissions. However, recent California <br />case law confirms that changes in the CEQA Guidelines only apply prospectively to CEQA <br />documents that have not yet been circulated for public review and not to CEQA documents that <br />rely on previously certified EIRs that complied with applicable CEQA requirements when publicly <br />reviewed. The court in Olen Properties Corp. v. City of Newport Beach (2023) 93 Cal.App.5th <br />270 recognized that impacts known of and understood at the time the EIR was certified do not <br />constitute new information that would trigger recirculation. Both the existence of carbon dioxide <br />and other greenhouse gases from fossil fuel combustion and other activities were known at the <br />time the Certified EIR was approved. California is a recognized leader in reducing GHG emissions <br />and addressing climate change, and has enacted scores of legal requirements mandating <br />reductions in fossil fuel use for electricity generation, adopting fuel and fleet standards to reduce <br />GHG emissions from the transportation sector, improve energy and water efficiency and <br />conservation in buildings and landscaping, and require GHG emissions reductions from virtually <br />all economic sectors from agriculture, to manufacturing, to oil production, to waste management. <br />Mitigation Measures <br />Not applicable. <br />Cabrillo Town Center City of Santa Ana <br />Technical Memorandum August 2023 <br />City Council 18 — 541 10/3/2023 <br />