2023-081 - Approving Appeal Applicatiion for Mixed-Use Cabrillo Town Center

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Mixed Used (MEMO) Overlay Zone Environmental Impact Report (EIR) and Subsequent EIR (SEIR) was incorrect; (3) The Project would have new and different significant environmental impacts that were not analyzed in the MEMU EIR; and (4) That a project -specific EIR should have been prepared to analyze the Project. C. On May 3, 2023, Mitchell M. Tsai, on behalf of the Southwest Mountains States Carpenters (SWMSRCC), also submitted an appeal application (Appeal No. 2023-03) pursuant to Section 41-645 of the SAMC requesting that the City Council reconsider the Planning Commission's decision based on the following reasons: a. Requirement of a Local Workforce. Specifically, the appellant states that, "The city should require the use of a local workforce to benefit the community's economic development and environment." b. Training Requirements To Prevent Community Spread Of Covid-19 And Other Infectious Diseases. Specifically, the appellants states that, "The City should impose training requirements for the Project's construction activities to prevent community spread of Covid-19 and other infectious diseases." c. California Environmental Quality Act (CEQA) Compliance. Specifically, the appellant contends the following: i. That CEQA mandates preparation of an EIR for projects so that the foreseeable impacts of pursuing the project can be understood and weighed; ii. That there are new transportation impact methodology requirements, not analyzed in the Certified EIR; iii. That the Project requires new feasible mitigation measures to mitigate greenhouse gas impacts; and iv. That the Project may have significant land use impacts which were not analyzed in the Certified EIR. d. Inconsistency with the General Plan. Specifically, the appellant contends that the Project is inconsistent with the General Plan because there are no onsite affordable units. D. On August 17, 2023, Mitchell M. Tsai, on behalf of the SWMSRCC, submitted a supplemental appeal letter, outside of the 10-day appeal period, as outlined in Section 41-645(b) of the SAMC. Nonetheless, staff provides a comprehensive response below on all appeal items received. The subsequent letter reiterates certain points outlined in the appeal letter dated May 3, 2023, However, SWMSRCC makes several new points in their request that the City Council reconsider the Planning Commission's decision, including the following reasons: 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. Resolution No. 2023-081 Page 2 of 9