CITY OF GARDEN GROVE
CITY COUNCIL
JANUARY 14, 2025
APPEAL OF
PLANNING COMMISSION APPROVAL OF
SITE PLAN NO. SP-145-2024
AND
LOT LINE ADJUSTMENT NO. LLA-033-2024
CITY COUNCIL
JANUARY 14, 2025
9891, 9897, and 9901 Garden Grove Boulevard
California Environmental Quality Act
• Overview:
• City must comply with the California Environmental Quality Act (CEQA)
• City reviews proposed projects to determine whether CEQA applies • Levels of CEQA Compliance
• Exemption
• Negative Declaration
• Mitigated Negative Declaration
• Environmental Impact Report
• Here, the Planning Commission Approved an Exemption for the proposed Project: Class 32 - Infill Development Projects 3 Class 32 Exemption
• Project must be consistent with the applicable General Plan designation and policies and applicable zoning designation and regulations; • Project site must be located within City limits on a site of no more than 5 acres and is substantially surrounded by urban uses;
• The site must not have any known value as habitat for endangered, threatened, or rare species;
• No significant traffic, noise, air quality, or water quality impacts; • Project site can be adequately served by all required utilities and public services; and
• No exceptions apply.
4 CEQA Appeal from Planning Commission
Decision
• CEQA authorizes an appeal of the Planning Commission’s CEQA decision to the City Council
• Appellant Supporters Alliance for Environmental Responsibility SAFER (“SAFER”) alleges that the Class 32 Exemption does not apply
• SAFER argues that an initial study is required
• SAFER alleges that either a mitigated negative declaration or an environmental impact report is required to mitigate the project’s alleged significant impacts
5 Subject Site
• Vicinity Map • Aerial View
SUBJECT
SITE
Garden Grove Boulevard
SUBJECT
SITE
Proposed Renderings
South View
Southwest View
Northeast View
CEQA Determination and Appeal
8 • Categorically Exempt from CEQA pursuant to Section 15332, or Class 32 (In-Fill Development Projects)
• Planning Commission Hearing: October 3, 2024
• Appeal Received from Supporters Alliance for Environmental Responsibility (“SAFER”): October 24, 2024
• Appeal Letter from SAFER with technical comments received:
December 5, 2024
• Response to SAFER Letter from Applicant dated January 7, 2025 Applicable Law Governing Appeals
9 • Garden Grove Municipal Code
• Planning Commission decisions appealable to City Council by:
• The Applicant - SAFER is not the Applicant
• An Individual who is an “Interested Party” – SAFER is a nonprofit corporation, not an Individual, and did not articulate how or why it is an “interested party”
• CEQA
• Independently authorizes any person or entity to appeal • City Council’s review and consideration of the appeal is limited to the CEQA Exemption determination
Recommendation
Staff recommends that the City Council take the
following action:
Open the Public Hearing;
Take public testimony;
Deny the appeal.