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 8 environmental review. A complete response to SAFER's appeal is provided as Exhibit 13 to this report. Appeal No. 2022-02. Melinda Luthin on Behalf of Garry Plaza Office Park Association The Garry Plaza Office Park Association appellant is requesting that the City Council overturn the Planning Commission's decision based on 21 factors that center largely on the issues of the Planning Commission public hearing and action to approve the CUP, existing easements on site, General Plan and zoning consistency, and California Environmental Quality Act (CEQA) conformance. During its regular meeting on October 10, 2022, the Planning Commission held a duly -noticed public hearing on the item in accordance with all SAMC and state requirements, after which it approved the CUP and recommended City Council approval of the Amendment Application. The Planning Commission packet prepared for the project contained all necessary information for the Planning Commission to evaluate the applicant's request. The issue of the onsite easements, also raised by the appeal, has been thoroughly evaluated and is analyzed in detail in Exhibit 15 attached to this report. The only cross -property easement between the subject property and the adjacent property to the east is a general, private easement for unspecified reciprocal ingress and egress and is therefore a civil matter between the two parties to resolve; to support this, a condition of approval on the CUP resolution requires that any reciprocal easements be modified or quitclaimed as needed prior to building permit issuance. Moreover, the project has been fully evaluated using the existing FLEX land use designation in the General Plan and using the proposed M1 zoning district designation. The proposed M1 zoning district designation will bring the site into consistency with the FLEX land use designation, and the project will conform to development standards prescribed by the M1 zoning district. Lastly, as described in the Environmental Impact section of this report and elaborated on in Exhibit 13, the project was fully evaluated for CEQA conformance, and the exemption prepared pursuant to Section 15183 of the CEQA Guidelines is the required form of analysis for the proposed project. A full response to the 21 claims made in Appeal No. 2022-02 is provided as Exhibit 15, attached to this report. Public Notification and Community Outreach Public notifications were posted, published, and mailed in accordance with City and State regulations. There are no established Neighborhood Associations in the vicinity as the property is surrounded by industrial and office uses within the 1,000-foot radius. In addition to the standard notification requirements, the project is subject to community engagement requirements of the Sunshine Ordinance (SAMC Sec. 2-153). At the time the application was submitted, the Sunshine Ordinance required only one community