75A - PH KARA GRANT APPEAL - Laserfiche WebLink

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Like the Russell Fischer Car Wash Project, Communities for a Better Environment, supra, 103 Cal.AppAth 98, concerned the in -fill development exemption under section 15332. In explaining that environmental effects not mentioned in section 15332, such as aesthetics or health and safety impacts, must be considered in determining the exemption's applicability, the court said: "These other environmental effects ... would constitute `unusual circumstances' Linder this exception for a project that otherwise meets the Guidelines section 15332 criteria. This is because a project that does meet the comprehensive environmentally protective criteria of section 15332 normally would not have other significant environmental effects; if there was a reasonable possibility that the project would have such effects, those effects would be'unusual circumstances' covered by the section 15300.2, subdivision (c) exception." (Id. at p. 129.) Such would be the case here, even if the Russell Fischer Car Wash Project met the general requirements for the infill development exemption, because there is a reasonable possibility that the car wash will have a significant effect on the environment due to the substantial vibrations the car wash will cause to nearby properties. This impact is discussed in the RKE Peer Review. (See Exhibit D). The Car Wash Project will also release chemicals into the air and water. Therefore, the "unusual circumstances" exception to the categorical exemption applies. C. Russell Fischer's Original 2018 Retail/Restaurant Project for the Same Site Required an MND and a Mitigation and Monitoring Program. The Commission determined that the 2018 Retail/Restaurant Project originally proposed and approved for the same site as the Car Wash Project (301 & 325 N. Tustin Avenue) required a mitigated negative declaration ("MND") under CEQA, including 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 (the "2018 Mitigation Program"). The MND found potential cultural resources impacts during construction, and the possibility of previously unidentified archaeological, paleontological or geologic deposits, for which an expert must be afforded the opportunity to analyze in accordance with CEQA. Attached as Exhibit E is a letter dated June 12, 2018 from the Gabrieleno Band of Mission Indians-Kizhnation, to the City Planning & Building Agency re the impact of the Project on tribal cultural resources. These potential impacts are equally possible for the Car Wash Project. 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 review, prepared an MND, and required a Mitigation Program, and found that the 2019 revised Project would not have this same potential, and thus similarly require CEQA review. 19 75A-29