SEACA, Public Counsel, CBC, and NRDC Comments on the CASP DEIR November 23, 2011 P. 31 of 78 mitigation measures for future consideration that might serve to mitigate the 898,000 tons of o effort is made to calculate what, if any, reductions in the Project's anticipated greenhouse gas emissions would result from each of these vaguely described future mitigation measures. (Id.). Taking a similar tactic to that which was rejected by the court, the DEIR here concludes, without analysis, that compliance with the undisclosed measures of the CAP will bring the Project below the zeroemisisons threshold of significance. Accordingly, the DEIR lacks adequate mitigation to satisfy CEQA.
27-66
Clearly, there are a number of practical and feasible mitigation measures that could reduce the Proposed Alternative contribution to the problem of global warming. As the DEIR suggests, some mitigation measures imposed for other impacts, if successful, could also serve to mitigate in part the Proposed Alternative global warming-related impacts. (See DEIR, p. 16-13 and 16-15). Nonetheless, in order for such measures to operate successfully, they must be considered in a realistic manner. While we understand the ever-evolving nature of greenhouse gas mitigation, the current DEIR does not provide sufficient specificity on what greenhouse gas mitigation measures will be included under this development. The DEIR must disclose the current list of mitigation measures and disclose its process for updating the list in the future. Moreover, the DEIR fails to explain why some, but not all of the mitigation measures included in Mitigation Measure Summary in Appendix B of the California Air Pollution Control Officer's Association (CAPCOA) white paper, CEQA & Climate Change (CAPCOA 2008); CAPCOA's Model Policies for Greenhouse Gases in General Plans (CAPCOA 2009); and the California Attorney General's Office publication, The California Environmental Quality Act: Addressing Global Warming Impacts at the Local Agency Level (California Attorney General's Office 2010), were included in the Draft EIR. (DEIR, p. 4.5-25 -27). The next iteration of the DEIR should clearly delineate what measures will form the initial baseline requirements for future projects. The presence of affordable housing lowerincome residents who stand to utilize and benefit most from public transportation and its related incentives, such as low-cost monthly passes and free ride areas. Thus, a practical and feasible measure for promoting less vehicular traffic and reducing GHG emissions is the implementation of incentives to build affordable housing. Specifically commenters are concerned about the exclusion from the EIR of Objective LU-2 from CAPCOA . This objective is entitled: Promote infill, mixed-use, and higher density development, and provide incentives to support the creation of affordable housing in mixed use zones. 70 In LU 2.1.8, CAPCOA recommends Mix[ing] affordable housing units with market rate units as opposed to building segregated affordable housing developments. (Id. at 76). Affordable housing mitigation proposed by commenters should be 70
CAPCOA, Model Policies for Greenhouse Gas in General Plans, pp. 74-76 (2009), available at http://www.capcoa.org/wp-content/uploads/downloads/2010/05/CAPCOA-ModelPolicies-6-12-09-915am.pdf, last visited 11/22/11.
27-67