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

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Resolution No. 2023-xx Page 5 of 10 f. That the design of the subdivision or type of improvements is likely to cause serious public health problems. g. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. I. Based on the City Council’s review and determination in its findings during its regular meeting on October 3, 2023, finding “a” of Section 8.2 as part of the MEMU cannot be made. Moreover, finding “b” of Section 66474 as part of the SMA cannot be made. Therefore, approval of SPR No. 2023-01 and TTM No. 2023-03 (County Map No. 19243) cannot be granted and the project is deemed denied. J. On January 1, 2020, California Senate Bill 330, the Housing Crisis Act of 2019 (HCA), became effective and established a statewide “housing emergency” until January 1, 2025. K. On January 1, 2022, the HCA was extended until January 1, 2030, with the passage of Senate Bill 8. L. On May 11, 2022, the Applicant submitted a SB 330 Preliminary Application for the proposed Project, which was deemed complete by staff on June 9, 2022. M. California Government Code Section 65589.5(h)(2)(B) defines Housing Development Project as Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use. N. The square footage for the residential use in the proposed Project exceeds two-thirds of the overall Project square footage. Therefore, the Project is submitted as a Housing Development Project, pursuant to California Government Code Section 65589.5(h)(2)(B), and submitted as an SB 330 project. O. Pursuant to California Government Code Section 65589.5(j)(1), when a local agency proposes to disapprove a project, the local agency shall base