75A - PH KARA GRANT APPEAL - Laserfiche WebLink

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that accurate and complete data could likely show that the Russell Fischer Car Wash Project will have a significant impact on traffic. b) The Commission Did Not Require a Noise Study for the Car Wash Project Prior to Approving the CUP; Data Indicates it Will Have a Significant Impact on Noise. The Commission completely failed to evaluate whether the Russell Fischer Car Wash Project will have a significant impact on noise. The only reference given to noise impacts is the unsupported statement that the Car Wash Project is "designed to minimize noise impacts." Nonetheless, the Commission added as a condition to Project approval, "to require a noise impact analysis which demonstrates compliance with the City's noise ordinance prior to certificate of occupancy and one near after the commencement of operations." (Emphasis added). The Commission unequivocally cannot find that the Russell Fischer Car Wash Project is categorically exempt as an infill development project because it "will not result in any significant effects relating to ... noise," when no noise analysis has been performed to date. The Commission's requirement of future studies on the Car Wash Project's impact on noise is evidence that the Project will likely have a substantial impact on noise, but that the actual noise impact was unknown at the time the Commission approved the CUP for the Project, and is still unknown. RK Engineering comments on the Commission's failure to conduct noise analysis before approving the Russell Fischer Car Wash Project in its Peer Review. (See Exhibit D, pp. 5-6, and Appendix A.) "No preliminary noise study was conducted for the proposed project to prove that it is feasible from a noise impact standpoint. Although the project has been conditioned to prepare a study prior to building permits, a preliminary noise study should be prepared to ensure that the project would not have a significant noise impact to the surrounding areas. Typically noise studies for Express Car Washes are required during the entitlement process, not after the project is approved. Car washes generate a significant amount of noise at both the exit and entrance to the car wash tunnel and at the vacuum stations. This has to be assessed in advance of approval of the project to determine if any mitigation measures need to be implemented and if they are feasible." (Exhibit D, p. 5). RKE further explains that the tunnel for the Russell Fischer Car Wash Project is located at the very south end of 301 N. Tustin Avenue, directly adjacent to an existing office building (171 N. Tustin Ave.) that includes medical uses (i.e. dentist office) and a massage business. RKE notes that these are "noise sensitive land uses and high noise levels can be very disturbing to the medical uses." (Id.) RKE has previously collected noise data from express car washes like the Russell Fischer Car Wash Project, that are also located in Santa Ana. In the Peer Review, RKE states that it has measured 1< 75A-26