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Item 18 - Appeal Application Nos. 2023-02 and 2023-03 for Cabrillo Town Center project
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Item 18 - Appeal Application Nos. 2023-02 and 2023-03 for Cabrillo Town Center project
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10/3/2023 11:38:41 AM
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Agenda Packet
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18
Date
10/3/2023
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Ana (see Table 3 for the calculation methodology). Therefore, the <br />applicant is in compliance with the AHOCO and is not required to <br />provide local skilled and trained workforce. <br />Lastly, the provision of community benefits is not a requirement of <br />CEQA. Further, the Project incorporates all applicable mitigation <br />measures of the Certified EIR. Mitigation measures beyond those <br />required by the Certified EIR are not required unless the Project would <br />result in new or more severe impacts compared to those analyzed in <br />the Certified EIR. The Project's CEQA Findings demonstrate that the <br />Project is consistent with the MEMU and within the scope of the <br />analysis provided in the Certified EIR. <br />II. Training Requirements to Prevent Community Spread Of Covid-19 <br />and Other Infectious Diseases <br />The Applicant's request for the Planning Commission to mandate <br />additional public health training is outside of the Planning <br />Commission's purview and outside of their land use powers and <br />duties, as outlined in Section 2-350.2 of the SAMC. Moreover, the <br />request is well outside the scope of CEQA. The Project incorporates <br />all applicable mitigation measures of the Certified EIR. Mitigation <br />measures beyond those required by the Certified EIR are not required <br />unless the Project would result in new or more severe impacts <br />compared to those analyzed in the Certified EIR. The Project's CEQA <br />Findings demonstrate that the Project is consistent with the MEMU <br />and within the scope of the analysis provided in the Certified EIR. <br />III. California Environmental Quality Act (CEQA) Compliance <br />a. The appellant contends that CEQA mandates preparation of <br />an EIR for projects so that the foreseeable impacts of <br />pursuing the project can be understood and weighed. <br />Staff provides an analysis for why no subsequent EIR would <br />be required, under the SAFER appeal analysis. To <br />summarize, pursuant to Public Resources Code Section <br />21166 and CEQA Guidelines Section 15162, there are no <br />substantial changes to the circumstances under which the <br />Project would be undertaken that would result in new or <br />more severe significant impacts, and there is no new <br />information of substantial importance that has become <br />available that would result in new or more severe significant <br />impacts. Moreover, no subsequent EIR would be required for <br />the Project. Based on the analysis herein and the Certified <br />EIR and the whole of the record, under CEQA Guidelines <br />Resolution No. 2023-xx <br />City Council 18 — 325 10/ 3 f 24 <br />
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