Item 32 - Resolution of Denial: Cabrillo Town Center (1901 E Fourth Street)

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Resolution No. 2023-xx Page 3 of 10 a. Infeasible Transportation Mitigation Requirements in the Certified EIR. Specifically, the appellant contends that the City's Transportation Mitigation Requirement is infeasible for the Project. b. Adequate Analyzes Of Noise Impacts. Specifically, the appellant contends that the Certified EIR fails to adequately analyze the Project’s noise impacts, including the following: i. That the Certified EIR fails to identify all nearby sensitive receptors; ii. That the Certified EIR fails to adequately characterize ambient noise conditions; iii. That the Certified EIR's significance threshold is inadequate; iv. That the Certified EIR’s construction noise analysis and miti gation measures must be revised; and v. That the Certified EIR’s operation noise analysis underestimates the Project’s impacts E. On October 3, 2023, the City Council conducted a duly noticed public hearing on Appeal Application Nos. 2023-02 (SAFER) and Appeal Application No. 2023-03 (SWMSRCC) and found that requiring local workforce would reduce environmental impacts. Specifically, local hire provisions requiring that a certain percentage of workers reside within 10- miles or less of the Project site could reduce the length of vendor trips and reduce greenhouse gas emissions. Moreover, local workforce policies have significant environmental benefits given that they improve an area’s jobs-housing balance, decreasing the amount and length of job commutes and the associated greenhouse gas emissions. F. The City Council found that the Project was inconsistent with and will not further the objectives outlined in Section 1.2 of the Metro East Mixed-Use Overlay Zone (“MEMU”). Specifically, the City Council found that the Project was inconsistent with Objectives 1.2(A) and 1.2(L) of the MEMU Overlay Zone objectives, which promote an urban, walkable, mixed-use environment. The principles outlined in these Objectives are consistent with the Project site’s District Center (DC) designation of the City’s General Plan Land Use Element, which, from the Land Use Element, “provides for distinctly urban retail, residential mixed-use, and employment centers that are well connected to public transportation. It includes the City’s primary activity centers and opportunities for new urban-scale development. This designation allows a mix of uses, including medium, medium-high, and urban density condominiums, apartments, and townhomes; professional offices; multilevel corporate offices; retail and commercial services; and cultural, education, recreation, and entertainment uses. Mixed-use projects are allowed in both horizontal configurations, with commercial and residential uses side by side, and vertical, with commercial uses on the ground floor and residential above.” In failing to meet Objectives 1.2(A) and 1.2(L) of the MEMU Overlay Zone