75A - PH KARA GRANT APPEAL - Laserfiche WebLink

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SUMMARY OF REASONS WHY THE COUNCIL SHOULD REVERSE THE DECISION OF THE COMMISSION AND DENY THE REQUESTED APPROVALS FOR THE PROJECT The Planning Commission committed four crucial errors in approving the Russell Fischer Car Wash Project: (1) The Commission failed to satisfy the five required criteria for granting conditional use permits set forth in SAMC Section 41-638 and thus should not have granted Conditional Use Permit No. 2019-30 (the "CUP") for the development of the massive car wash. (2) The Commission failed to perform review of the Car Wash Project's environmental impacts under the California Environmental Quality Act ("CEQA") because it erroneously determined that the Project was categorically exempt from CEQA review as an infill development project. CEQA review must be completed before the Project can be approved. (3) Amendment to Variance No. 2018-10 (the "Variance Amendment") should have been denied because it does not address "special circumstances" that deprive the subject property of privileges enjoyed by similar properties, and instead constitutes an impermissible grant of special privileges. (See SAMC Section 41-638(a)(2); Gov't Code § 65906.) The stated justification for granting the Variance Amendment for the Russell Fischer Car Wash Project is to enable the applicant to develop the car wash that is designed to operate at the "highest efficiency," and with the "highest possible return on the [applicant's] considerable investment." This Variance Amendment is only necessary so that Russell Fisher can build the massive car wash that it now wants to build on the property. The retail/drive-thni restaurant project Russell Fischer originally proposed, and the Planning Commission and this Council approved in 2018, can be developed without this Variance Amendment. (4) The notice distributed for the September 9, 2019 Planning Commission hearing — a paltry 10 days before the hearing and only to properties within 500 feet of the Project — was not reasonably calculated to afford affected persons, like the Conklins, the realistic opportunity to protect their interests. Despite numerous inquiries to the City re this specific Project site, the Conklins were not included on the City's list of individuals/properties to receive notice of the hearing, and ultimately obtained notice only serendipitously. For these reasons, discussed at length below, the Council should reverse the Commission's decision and deny the requested approvals for the Russell Fischer Car Wash Project. In addition, we urge the Council to take special notice of the following important issues concerning the Russell Fischer Car Wash Project: • The Council should investigate the "bait and switch" manner in which the Project applicant, Russell Fischer, LP (hereinafter, "Russell Fischer" or the "Applicant") obtained entitlements for 75A-12