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75A - PH KARA GRANT APPEAL
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75A - PH KARA GRANT APPEAL
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Last modified
10/10/2019 5:26:14 PM
Creation date
10/10/2019 4:53:09 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75A
Date
10/15/2019
Destruction Year
2024
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noise levels that approach 95 dBA at the opening of a car wash tunnel and over 90 dBA at the vacuum <br />stations, which "[] is a significant amount of noise." (Id.) Attached to the Peer Review are RKE's <br />measurements at a comparable car wash facility. (Id., Appendix A.) RKE concludes that a noise <br />assessment is needed before the Russell Fischer Car Wash Project can be approved to determine the <br />impacts to the adjacent sensitive uses and whether it is feasible to mitigate the noise generated from the <br />Project. (Id. at pp. 5-6.) <br />Vibrations are also serious environmental impacts that were not evaluated for the Russell Fischer <br />Car Wash Project prior to the Commission's approval. Pursuant to their review of the Car Wash Project <br />site plan, RKE found that there is very little space between the car wash tunnel and the adjacent medical <br />building at 171 N. Tustin Ave. Therefore, RKE finds that a vibration impact assessment needs to be <br />determined before the Russell Fischer Car Wash Project is approved. (Id. at p. 6.) <br />Finally, no construction noise impact was included in the Commission's August 9, 2019 staff <br />report, which recommended approval of the Russell Fischer Car Wash Project. As a result of the <br />proximity of the proposed site to the adjoining buildings, RYE firrther found that "a CEQA assessment <br />of the potential noise and vibration impacts and mitigation measures needs to be determined before any <br />approval is given for the construction on the site." (Id.) RKE emphasizes that this too "is a typical <br />requirement for any construction project located in close proximity to other sensitive land uses," and yet <br />the Commission did not require it for the Car Wash Project. (Id.) <br />Failure to meet any one of the five conditions required for the infill development project <br />exemption to CEQA makes this categorical exemption inapplicable and the project subject to CEQA <br />review. Contrary to the Commission's determination of exemption, the Russell Fischer Car Wash <br />Project fails to meet two of the requisite conditions — consistency with the General Plan and no <br />significant impacts relating to traffic, noise, air quality and water quality. Accordingly, the Council <br />should determine the Russell Fischer Car Wash Project is not categorically exempt from CEQA as an <br />infill development project, and in turn require necessary environmental review. <br />B. The Car Wash Project Is Not a Categorically Exempt Infill Development Project <br />Because the Significant Effects Exception to this Exemption Applies. <br />Infill development projects that meet the five required conditions set forth in 14 Cal. Code Rags. <br />Section 15332 are categorically exempt from CEQA review because such projects are within "... a class <br />of projects that the Resources Agency determines will generally not have a significant effect on the <br />environment." (Communities,for a Better Environment, supra, 103 Cal.App.4th at p. 127.) The Court of <br />Appeal in Azusa Land Reclamation Co. v. Main San Gabriel Basin Watermaster (1997) 52 Ca1.App.4th <br />1165, similarly explained "a categorical exemption identifies `a class of activities that does not normally <br />threaten the environment'." (Id. at p. 1206.) <br />17 <br />75A-27 <br />
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