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

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Resolution No. 2023-xx Page 6 of 10 its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist: a. The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete; and b. There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. P. In their decision to disapprove the Project, the City Council found that the project would have a specific, adverse impact upon the public health or safety. Specifically, by not having local hire provisions requiring that a certain percentage of workers reside within 10-miles or less of the Project, the construction activities associated with the proposed Project would result in increased greenhouse gas emissions, and overall air quality that would have adverse impacts to the public health and safety. The City Councils findings are based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Specifically, the findings are based on the complete environmental analysis concluded as part of the 2007 Metro East Mixed Used (MEMU) Overlay Zone Final Environmental Impact Report (“Certified EIR”). The following is an analysis of the increased greenhouse gas emissions, as a result of the project construction with no local hire. Air Quality and GHG Analysis The topic of GHG Emissions impa cts was not included in the 2006 CEQA Guidelines, and as such, was not included in the Certified EIR’s analysis of the MEMU’s potential impacts. However, both the existence of carbon dioxide and other greenhouse gases from fossil fuel combustion and other activities were known at the time the Certified EIR was approved, and existed on the date that the Project was deemed complete. The analysis in the Certified EIR considered both the construction and operational phases associated with implementation of the MEMU. As required by Section 15126.2(a) of the CEQA Guidelines, direct, indirect,