Item 41 - Amendment Application No. 2022-01 and Appeal Nos. 2022-01 and 2022-02

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Garry Avenue Business Park Amendment Application, Appeal Applications, and Conditional Use Permit — 1700, 1720, and 1740 East Garry Avenue December 20, 2022 Page 7 limiting truck traffic described in the Executive Summary portion of this report. Those conditions are attached as Exhibit A to the CUP resolution. Appeal Applications Pursuant to Section 41-645 an appeal from a decision of the Planning Commission can be made by an interested party, individual or group. Two appeal applications were received appealing the Planning Commission's decision to approve Conditional Use Permit No. 2022-14. Appeal No. 2022-01: Molly Greene on Behalf of Supporters Alliance for Environmental Responsibility (SAFER) The SAFER appellant is requesting that the City Council overturn the Planning Commission's decision based on lack of compliance with the California Environmental Quality Act (CEQA) by failing to prepare a supplemental or tiered EIR for the project. SAFER's appeal states that the preparation of an exemption pursuant to Section 15183 of the California Environmental Quality Act (CEQA) Guidelines fails to provide evidence to support the Exemption Checklist's findings that the project will not involve environmental effects that: (1) Are peculiar to the project or the parcel on which the project would be located, (2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan or community plan with which the project is consistent, (3) Are potentially significant off -site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or (4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR. Specifically, SAFER's appeal states that the project could have significant air quality impacts, health impacts, and greenhouse gas emissions impacts, therefore requiring additional CEQA analysis under Section 15183. The City has evaluated the project in full compliance with the provisions of CEQA. After a thorough evaluation and preparation of an initial study checklist, the City prepared an exemption pursuant to CEQA Guidelines Section 15183. Pursuant to California Public Resources Code (PRC) Section 21083.3 and State CEQA Guidelines Section 15183, projects that are "consistent with the development density established by the existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site." As detailed in the Environmental Impact section of this report, the project was fully evaluated to determine if there are any project -specific significant effects which are peculiar to the project or its site, and none were subsequently determined. Therefore, the Section 15183 exemption prepared for the project is the appropriate form of