3 - COMBINED PUBLIC COMMENTS_301 325 N TUSTIN

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12 2. The Project Fails Element 4 of the Infill Development Project Categorical Exemption Element 4 requires that the Project must not result in any significant effects relating to traffic, noise, air quality, or water quality. The Commission failed to evaluate whether the Project will have significant effects on noise. Although the supersized car wash is stated as “designed to minimize noise impacts,” the Commission has added as a condition to approval, “to require a noise impact analysis which demonstrates compliance with the City’s noise ordinance prior to certificate of occupancy and one year after the commencement of operations.” The Commission unequivocally cannot find that the Project “will not result in any significant effects relating to . . . noise,” if it is yet to be determined if the Project will even comply with the City’s noise ordinance, thus mandating future studies in order to evaluate noise impacts. In addition, the Conklins believe that the traffic impact study is suspect. The proposed Project will increase the daily trips by approximately 1,000. The study also acknowledges that the amount of traffic on the 55 on ramp is not within acceptable parameters. The Conklins believe that the Project will have substantial impacts on traffic but they have not had an adequate opportunity to hire an expert. In addition the Conklins believe that there have been a significant number of collisions at the affected intersection, and the increase in traffic needs to be evaluated for this unique circumstance of this location. The Conklins have not had an opportunity to obtain data about collisions or have an expert evaluate it. Failure to meet any one of the five elements required for the infill development project exemption to CEQA makes it inapplicable, and this Project fails to meet two of the requisite elements. Accordingly, the Project is not categorically exempt from CEQA as an infill development project. B. The 2018 Retail Project Required an MND and as well as a Mitigation and Monitoring Program. The Commission determined that the 2018 Retail Project required a mitigated negative declaration (“MND”) with technical studies for traffic, air quality and greenhouse gas emissions analysis. The 2018 Retail Project was found to require the implementation of mitigation measures for cultural resources, hazards, and tribal and cultural resources that would be implemented through a Mitigation Monitoring and Reporting Program for the 2018 Project (the “Mitigation Program”). The MND found potential cultural resources impacts due to the site being graded before construction, which may reveal previously unidentified archaeological, paleontological or geologic deposits, for which an expert must be afforded the opportunity to analyze in accordance with CEQA. As discussed above, the 2018 Retail Project and the revised 2019 Project are largely similar. Thus, it is unclear how the Commission and City determined the 2018 Retail Project subject to CEQA