75A - PH KARA GRANT APPEAL - Laserfiche WebLink

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The Project is also contrary to Policy 2.5 — "Balance the economic and fiscal benefits of commercial development with its impact on the quality of life in the City." As discussed above, there are little economic benefits of car washes, they occupy prime commercial property and provide few employment opportunities within the City. Accordingly, approving the Russell Fischer Car Wash Project is completely contrary to Policy 2.5, as well as 2.6, which is to encourage employment opportunities, and Policy 2.9 — to support developments with safe and attractive business environments, since the Russell Fischer Car Wash Project has adverse environmental impacts, including traffic and noise, which are discussed later in this Appeal. 5. The Council Should Deny the Russell Fischer Car Wash Project. Pursuant to SAMC 41.638, the Council should deny CUP 2019-30 for development of the Russell Fischer Car Wash Project because the Project does not meet the five mandatory requirements set forth above, each of which is required to grant the CUP. II. THE RUSSELL FISCHER CAR WASH PROJECT IS SUBJECT TO ENVIRONMENTAL REVIEW UNDER CEQA. The Russell Fischer Car Wash Project is not categorically exempt from CEQA Section 15332 as an infill development project. Accordingly, the Conklin oppose the Notice of Exemption, Environmental Review No. 2019-69 for this Project. The Planning Commission's determination that the Car Wash Project is categorically exempt is wholly inconsistent with its prior determination that Russell Fischer's 2018 Retail Project for the same properties was subject to CEQA review, and required a mitigated negative declaration ("MND"), as well as a Mitigation and Monitoring Program. A. The Russell Fischer Car Wash Project is Not Categorically Exempt Under CEQA as an Infill Development Project. The Planning Commission made the determination that the Russell Fischer Car Wash Project is categorically exempt from environmental review required by CEQA because it is a "landfill development project." The Commission erred. In order for a project to qualify for the infill development project categorical exemption to CEQA review, the project must meet each of the following five conditions: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value, as habitat for endangered, rare or threatened species. 11 75A-21