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City Response to Melinda Luthin and William Stevens Leiters Dated December 20, 2022 Melinda Luthin Letter Comment 1: This comment states that the matter has not been properly placed on the City council agenda and should not be heard on December 20, 2022, citing Government Code Section 54964.2. The comment continues that the Garry Plaza Office Park (GPOPA) has provided comments regarding the substance of this application and opposes the request for the amendment application (zone change). Response 1: A complete application was submitted for the conditional use permit (CUP), including a submittal affidavit signed by the applicant. Staff reviewed the application materials and provided a full analysis of the project and of its environmental impacts, which are provided in the staff report and its exhibits. Moreover, the letter's author, Melinda Luthin, has previously indicated opposition to the project at the Planning Commission hearing on October 10, 2022 and in her submitted appeal application (Appeal Application No. 2022-02), and Ms. Luthin's opposition is noted. Comment 2: This comment states that the matter should not be agendized for City Council consideration on December 20, 2022. The comment also states that the requested CUP could not have been approved by the Planning Commission because the City Council has not yet approved the requested zone change. Response 2: Projects may contain diverse application types, such as CUPS and zone changes, that require approval by different hearing bodies such as the Planning Commission and City Council. In such. cases, the resolutions and ordinances approving such applications are conditioned to go into effect only upon the approval and effectiveness of the other actions. For this matter, the CUP's resolution has been conditioned to become effective only upon approval and effectiveness of the accompanying ordinance. Section 3 of the resolution states "Conditional Use Permit No. 2022-14 shall not become effective until the City Council adopts an ordinance approving Amendment Application No. 2022-01, changing the subject property's zoning designation from Professional (P) to Light Industrial (M1), and said Amendment Application is in full force and effect." Therefore, the Planning Commission was authorized to approve the CUP while the matter awaits City Council approval of the zone change. Comment 3: This comment states that the application is incomplete and that the applicant did not submit the required affidavit with the application. Response 3: A complete application, including submittal affidavit, was submitted for both the development project (DP) review application and the conditional use permit (CUP) application. Comment 4: This comment states that staff claims that the City Council and the public have no need or right to see the actual CUP application because staff has adequately summarized the contents. Response 4: Applications themselves are not included in staff report packets because the applications serve the purposes of providing staff with project information that assists with preparing the required analysis in the staff report and exhibits. Application materials are available to those who request to view them through a public records request. The City responded to requests to view public records on multiple occasions, including on October 21, 2022 and most Page 1 of 5