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g. That the design of the subdivision or the type of improvements will <br />conflict with easements, acquired by the public at large, for access <br />through or use of, property within the proposed subdivision. In this <br />connection, the governing body may approve a map if it finds that <br />alternate easements, for access or for use, will be provided, and <br />that these will be substantially equivalent to ones previously <br />acquired by the public. This subsection shall apply only to <br />easements of record or to easements established by judgment of a <br />court of competent jurisdiction and no authority is hereby granted to <br />a legislative body to determine that the public at large has acquired <br />easements for access through or use of property within the <br />proposed subdivision. <br />Based on the City Council's review and determination in its findings during its <br />regular meeting on October 3, 2023, finding "a" of Section 8.2 as part of the <br />MEMU cannot be made. Moreover, finding °b" of Section 66474 as part of the <br />SMA can be made. Therefore, approval of SPR No. 2023-01 and TTM No. <br />2023-03 (County Map No. 19243) cannot be granted and the project is <br />deemed denied. <br />J. On January 1, 2020, California Senate Bill 330, the Housing Crisis Act of <br />2019 (HCA), became effective and established a statewide "housing <br />emergency" until January 1, 2025. <br />K. On January 1, 2022, the HCA was extended until January 1, 2030, with the <br />passage of Senate Bill 8. <br />L. On May 11, 2022, the Applicant submitted a SB 330 Preliminary Application <br />for the proposed Project, which was deemed complete by staff on June 9, <br />2022. <br />M. California Government Code Section 65589.5(h)(2)(B) defines Housing <br />Development Project as Mixed -use developments consisting of residential <br />and nonresidential uses with at least two-thirds of the square footage <br />designated for residential use. <br />N. The square footage for the residential use in the proposed Project exceeds <br />two-thirds of the overall Project square footage. Therefore, the Project is <br />submitted as a Housing Development Project, pursuant to California <br />Government Code Section 65589.5(h)(2)(B), and submitted as an SB 330 <br />project. <br />O. Pursuant to California Government Code Section 65589.50)(1), when a local <br />agency proposes to disapprove a project, the local agency shall base its <br />decision regarding the proposed housing development project upon written <br />findings supported by a preponderance of the evidence on the record that <br />both of the following conditions exist: <br />Resolution No. 2023-081 <br />Page 5 of 9 <br />