FROM:
Planning Department
SUBJECT:
Title
Appeal No. 25-0002: Request to overturn the Planning Commission’s August 19, 2025 decision adopting a Categorical Exemption per Section 15332 (Class No. 32) and approving Conditional Use Permit No. 24-0022, and Design Review No. 23-0024 for the development of a mixed use project (163 multi-family units and 5,000 square feet of commercial retail) within the R-5 zoning district that includes a five-story 83,125 square foot mixed-use building and associate improvements, on a 3.5 acre site located on the northeast corner of Foothill Boulevard and Sultana Avenue and identified as Assessor Parcel Numbers 1110-331-13 and 1110-331-25.
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RECOMMENDATION:
Recommendation
Deny Appeal No. 25-0002, thereby upholding the Planning Commission’s decision on August 19, 2025, approving, pursuant to a categorical exemption under California Environmental Quality Act (CEQA) Section No. 15332 (Class No. 32. Infill Development), Conditional Use Permit No. 24-0022 and Design Review No. 23-0024 for the development of a five-story mixed-use project including 163 multi-family units and 5,000 square feet of commercial retail within the R-5 zoning district and for the site and architectural review of a five-story 83,125 square foot mixed-use building and associated improvements on a 3.5 acre site located on the northeast corner of Foothill Boulevard and Sultana Avenue (APN Nos.: 1110-331-13 and 1110-331-25).
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APPELLANT / APPEAL APPLICANT:
Appeal No. 25-0002: Supporters Alliance for Environmental Responsibility, 1939 Harrison Street, Suite No. 150, Oakland, CA 94612.
COUNCIL GOALS:
• Promote economic development by concentrating on job creation.
• Promote economic development by establishing a quick, consistent development process.
• Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
DISCUSSION:
Appeal:
At its August 19, 2025, hearing, the Planning Commission approved Conditional Use Permit No. 24-0022 and Design Review No. 23-0024, pursuant to a Categorical Exemption under CEQA Section 15332 (Class No. 32), with adoption of Resolution PC Number 2025-027 on a 4-0 vote. The staff report and attachments for the August 19, 2025, Planning Commission hearing for the project, along with meeting minutes, are included as Attachments No. 5 and 6, respectively, to this staff report.
On August 26, 2025, the City received Appeal No. 25-0002 from Supporters Alliance for Environmental Responsibility. In summary, the appellant contends that the terms of the Class No. 32 Exemption do not apply because the Project site has value as habitat for endangered, rare, or threatened species and would have significant air quality impacts. The appellant also claims that the City should rescind the Project approvals, conduct an initial study, and prepare a new CEQA document, whether a mitigated negative declaration or environmental impact report, to analyze and mitigate the Project’s environmental impacts. Responses to the letters have been prepared to address the issues raised by the appellant (see Attachment No. 4).
The project environmental consultant (Lilburn Corporation), who prepared the CEQA Class No. 32 (In-Fill Development) Categorical Exemption Memorandum for the Mixed-Used Project, has prepared written responses with supporting technical studies, (Attachment No. 4) to the applicant’s claims. The responses explain why the claims raised in the Supporters Alliance for Environmental Responsibility letter are not supported by substantial evidence the City’s determination that the Project is Categorically Exempt from CEQA was appropriate. The detailed response to the claims raised in the appeal further documents that the comments do not provide substantial evidence to support further CEQA review.
City Council Hearings:
On October 28, 2025, the City Council opened the scheduled public hearing for Appeal No. 25-0002 to take comments from the public for this item. At staff’s recommendation, the public hearing was continued to the December 9, 2025, City Council Meeting, to allow staff time to prepare a response to an appeal comment letter that was received on October 27, 2025.
On December 9, 2025, the City Council opened the scheduled public hearing for Appeal No. 25-0002. At staff’s recommendation, the public hearing was continued to the January 27, 2026, City Council Meeting in order to allow staff additional time to respond to the October 27, 2025 comment letter.
The January 27, 2026, City Council meeting was cancelled and therefore, the item was continued to the February 10, 2026, City Council meeting.
The approved project entitlements include Conditional Use Permit No. 24-0022 and Design Review No. 23-0024 and adoption of a Categorical Exemption Section 15332 (Class No. 32) for the development of a five-story mixed use project (163 multi-family units and 5,000 square feet of commercial retail) within the R-5 zoning district totaling 83,125 square foot mixed-use building and associate improvements, on a 3.5 acre site located on the northeast corner of Foothill Boulevard and Sultana Avenue (APNs: 11110-331-13 and 1110-331-25).
FISCAL IMPACT:
None.
MOTION:
Approve staff’s recommendation.
ATTACHMENTS:
1. Vicinity Map
2. Appellant Letter - Lozeau Drury/Supporters Alliance for Environmental
Responsibility, August 26, 2025
3. Appellant Letter, October 27, 2025
4. Environmental Consultant Response Letter and supporting technical studies, January 21, 2026
5. Planning Commission August 19, 2025, Report
6. Planning Commission Minutes of August 19, 2025
7. Clerk of the Board Fee Receipt and NOE
8. Public Hearing Notice