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

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Appeal — Cabrillo Town Center Mixed -Use Development Project May 3, 2023 Page 9 of 12 importance. There are no new environmental impact or mitigation measure needed. All applicable mitigation measure applied to the previously prepared EIR will be applied to this project. Section 15162 of the CEQA Guidelines requires a subsequent EIR any time: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following: (a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (b) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. City Council 18 — 26 10/3/2023