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

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agency determines based on substantial evidence in the record. Factors that an agency may consider in making that determination include, but are not limited to, consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the program EIR. 3. An agency shall incorporate feasible mitigation measures and alternatives developed in the program EIR into later activities in the program. 4. Where the later activities involve site -specific operations, the agency should use a written checklist or similar device to document the evaluation of the site and the activity to determine whether the environmental effects of the operation were within the scope of the program EIR. Based on staff's analysis, the Certified EIR meets the definition under Guidelines Section 15168(a) because the Certified EIR analyzed the potential impacts associated with the MEMU Overlay Zone, which is a generally applicable plan containing rules, regulations and other general criteria governing a specified geographically contained area. The Certified EIR fully analyzed the potential environmental effects associated with the City's adoption of the MEMU and subsequent foreseeable development within the MEMU. As discussed below, the Project is fully consistent with the MEMU Overlay Zone and within the scope of the Certified EIR. The Project Site is located in the Village Center District of the MEMU. Uses allowed in the Village Center District include a mix of commercial, office, and residential in mid -rise buildings of between 4 and 10 stories in a setting that provides open spaces, niches, and areas for gatherings and activities along streets, paseos, and interconnecting walkways that link the Village Center to adjacent districts and nearby public parks north of the Village Center District. The Project conforms to this description by including development of the Project Site with a mixed -use development including up to 507 residential dwelling units (including apartments, live/work units, and townhomes), approximately 26,800 square feet of commercial uses, and associated parking, utility infrastructure, landscaping, and open space in accordance with the Development Standards outlined in Table 1 in the Project Description of the Draft EIR portion of the Certified EIR. As described in the Project Description section of this staff report, the Project Site would be separated into two distinct areas by a roadway (Parkcourt Place), which would traverse the site east/west. The northern portion of the Project Site would be developed with 58 townhomes and the Resolution No. 2023-xx City Council 18 — 323 10/ 3 f 24