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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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Agenda Packet
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18
Date
10/3/2023
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approximately 963,000 sf of commercial space and <br />690,000 sf of office space beyond existing conditions. <br />As proposed, the TTM is required for the feasibility of the <br />Project in order to provide for the intended mix of uses as <br />envisioned by the City, in accordance with the MEMU and <br />Certified EIR. Pursuant to the California Building Code <br />requirements, no building or structure can be built over legal <br />property lines to ensure compliance with fire and safety <br />separation requirements. Therefore, approval of the TTM is <br />required in order for the applicant to provide the proposed <br />mixed -use development project. Moreover, the TTM does <br />not allow for the creation off additional units beyond what <br />was previously analyzed in the Certified EIR. The units that <br />would be created under the TTM would be consistent with <br />the Certified EIR objectives, and would allow for multi -family <br />residential townhouses (Parcel 2) and mixed commercial <br />and residential uses (Parcel 1). <br />Based on the above analysis, the Project would be fully <br />consistent with the allowable development under the MEMU <br />and within the scope of the Certified EIR. In addition, all <br />applicable mitigation measures from the Certified EIR would <br />be implemented by the Project, and each of the applicable <br />mitigation measures would also be made conditions of <br />approval for the Project. Therefore, pursuant to Public <br />Resources Code Section 21166 and CEQA Guidelines <br />Section 15162, there are no substantial changes to the <br />circumstances under which the Project would be undertaken <br />that would result in new or more severe significant impacts, <br />and there is no new information of substantial importance <br />that has become available that would result in new or more <br />severe significant impacts. Moreover, no subsequent EIR <br />would be required for the Project. Based on the analysis <br />herein and the Certified EIR and the whole of the record, <br />under CEQA Guidelines Section 15168, the Certified EIR <br />adequately described the Project activity for purposes of <br />CEQA. <br />IV. Inconsistencv with the General Plan <br />The Affordable Housing Opportunity and Creation Ordinance <br />(AHOCO) was adopted in 2011, then known as the Housing <br />Opportunity Ordinance (HOO), and amended in 2015, 2020, and <br />most recently in May of 2022. The ordinance was adopted to <br />implement the City's General Plan Housing Element Goal of <br />providing affordable housing within the City. Since inception, the <br />Resolution No. 2023-xx <br />City Council 18 — 330 10/ 0 f 24 <br />
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