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

Home Browse Search

3.2.14 Population and Housing Checklist Question Xlll.a was clarified to focus on potential impacts associated with unplanned growth, and Checklist Questions Xlll.b and Xlll.c were combined. The topics in these modified questions are fully addressed in Section 4.10, Population, Housing, and Employment, of the Draft EIR portion of the Certified EIR. 3.2.15 Public Services These checklist questions were not updated as part of the modifications and are responded to in Sections 4.11, Public Services, of the Draft EIR portion of the Certified EIR. 3.2.16 Recreation These questions were not updated as part of the modifications and are responded to in Section 4.11, Public Services, of the Draft EIR portion of the Certified EIR. 3.2.17 Transportation Checklist Questions XVI.a (level of service [LOS] analysis), XVI.b (CMP analysis), XVI.c (air traffic patterns), and XVI.f (parking) were deleted. None of these issues are addressed for the Project in this document. The LOS analysis was replaced with a vehicle miles traveled (VMT) analysis to address consistency with CEQA Guidelines Section 15064.3(b). Although a VMT analysis was not required under the 2006 CEQA Guidelines, impacts associated with VMT were known of and understood at the time the Certified EIR was certified and therefore do not constitute new information. Despite being omitted from the Certified EIR, and the lead agency's decision to evaluate transportation impact consistency based on LOS, an analysis of the Project's VMT impacts is included in this document in response to public comments received for informational purposes only. Further, the former Checklist Question XVI.d (now Checklist Question XVI.c) was revised to add "geometric" for clarity. With the exception of VMT, all of the topics addressed in these questions were addressed in Section 4.12, Transportation and Traffic, of the Draft EIR. 3.2.18 Tribal Cultural Resources Assembly Bill (AB) 52 went into effect on July 1, 2015, and requires that for a project for which a Notice of Preparation (NOP) for a Draft EIR was filed on or after July 1, 2015, the lead agency is required to consult with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of a proposed project, if: (1) the tribe requested to the lead agency, in writing, to be informed by the lead agency of proposed projects in that geographic area; and (2) the tribe requests consultation, prior to the release of a negative declaration, mitigated negative declaration or environmental impact report for a project. The NOP for the Certified EIR was released on March 10, 2006, and as such, the lead agency was not required to comply with the requirements of AB 52. The Final Certified EIR was released in 2007, and thus, did not include responses to the updated Appendix G questions related to tribal cultural resources. Although AB 52 consultation was not required for the Certified EIR, the potential impacts related Cabrillo Town Center City of Santa Ana Technical Memorandum August 2023 City Council 18 — 484 10/3/2023