3 - COMBINED PUBLIC COMMENTS_301 325 N TUSTIN

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11 In light of the substantially similar site plans for the 2018 Retail Project and 2019 revised Project with express car wash, and the background of the property owner/Applicant and his representation in obtaining Project approvals, it is suspect that the 2018 Retail Project proposed demolishing the existing car wash and developing and drive-through restaurant. The Conklins encourage the Commission and the City to investigate this suspect approach to obtaining necessary Project approvals. IV. THE PROJECT IS SUBJECT TO ENVIRONMENTAL REVIEW UNDER CEQA. The Conklins challenge the City’s determination that the Project is categorically exempt from CEQA as an infill development project, pursuant to CEQA Section 15332. Accordingly, the Conklins oppose the Notice of Exemption, Environmental Review No. 2019-69 for this Project. The Conklins further challenge this exemption in light of the City’s determination that the 2018 Retail Project but not the revised 2019 Project required a Mitigated Negative Declaration, which the City ultimately approved, as well as a Mitigation and Monitoring Program. A. The Project is Not Categorically Exempt Under CEQA as an Infill Development Project. The Infill Development Project Exemption to CEQA requires that the Project (1) be consistent with the applicable general plan designation and all applicable general plan policies, as well as any applicable zoning designation and regulations; (2) located within city limits, on a project site of no more than five acres, and substantially surrounded by urban uses; (3) the project site must have no value as a habitat for endangered, rare, or threatened species; (4) the project must not result in any significant effects relating to traffic, noise, air quality, or water quality; and (5) the project must be adequately served by required utilities and public services. The Project fails to satisfy elements 1 and 4, above, and thus is not categorically exempt under Section 15332 of CEQA. 1. The Project Fails Element 1 of the Infill Development Project Categorical Exemption As discussed at length above, at minimum the Project does not meet the General Plan Goals and Polices, Land Use Element Goal 1, to promote a balance of land uses, because the Russell Fischer express car wash will oversaturate this specific type of business within the City, causing significant economic loss to Speedie Wash and other car washes in close proximity to the Project. Moreover, with 13 car washes already operating in the City, the proposed Project fails to address any basic community need or provide any service. The Project is also contrary to Land Use Element Goal 2, to promote land uses that enhance the City’s economic and fiscal viability, because it will directly reduce the viability of existing car washes in the vicinity, specifically Speedie Wash, and in turn reduce revenue to the City.