3 - COMBINED PUBLIC COMMENTS_301 325 N TUSTIN

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9 Ana’s Development Review Committee comment from the Public Works Agency. The Project will include the development of an express car wash and a gas station with convenience store at 301 and 325 N. Tustin Avenue, respectively. The Project would include construction of a 118.5-foot express car wash tunnel to replace a 4,200 square- feet (SF) sit-down restaurant and a 12 pump gas service station with a 3,040 SF convenience store to replace the existing gas station building and car wash.” (Emphasis added). Accordingly, unbeknownst to Karina and the public generally, the previously approved 2018 Retail Project had been completely revised from a service station, convenience store and multi-tenant commercial building (the “2018 Retail Project”), to a service station, convenience store, and an express car wash with a 4,354-square foot tunnel and 20 vacuum bays. Despite Karina’s direct inquiry, the City did not apprise her of the fact that the proposed Project was already being revised to include an express car wash rather than a multi-tenant commercial building. In light of the fact that the Notice radius did not include the Conklins or most other car wash owners within the City (possibly none were included), the substantial revisions to the Project from the drive through restaurant approved in 2018, the Conklins’ inquiries to the City regarding rumored revisions to the Project, and the direct impact of the Project on the Conklins, the 10-day notice afforded by the Commission is unreasonable and inadequate because it was not “reasonably calculated to afford affected persons the realistic opportunity to protect their interests.” (Horn, supra, 24 Cal.3d at 617.) Accordingly, the Commission should continue the subject hearing at least 120 days. III. THE 2018 RETAIL PROJECT WAS A PRETEXT FOR THE CURRENT PROJECT EXPANSION In 2018, Richard Finkel, representing the Project Applicant, Russell Fischer LP, requested approval of a general plan amendment to re-designate 301 North Tustin Avenue from Professional & Administrative Office (PAO) to General Commercial (GC), an amendment application to rezone 301 and 325 North Tustin Avenue from Professional to General Commercial (C2), a conditional use permit to allow an eating establishment with drive-through service at 301 North Tustin Avenue, and certain variances (collectively, the “2018 Retail Project”). In order to develop the 2018 Retail Project, the Applicant proposed to demolish the then existing restaurant, service station, car wash, and convenience store buildings and to construct a new service station, convenience store, and multi-tenant commercial building on both properties. This was the proposal that Russell Fischer published and proposed to the community in 2016, and for which a Sunshine Ordinance Community Meeting was held on December 3, 2016 Particularly noteworthy is that the commercial building would be constructed on 301 N. Tustin Avenue, and include a “1,258 square foot eating establishment with drive-through service.” The drive