75A - PH KARA GRANT APPEAL - Laserfiche WebLink

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Appeal No. 2019-03 October 15, 2019 Page 5 added to the conditional use permit for a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 5. That the proposed use will not adversely affect the General Plan of the City or any specific plan applicable to the area of the proposed use. The proposed car wash will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use area which allows for commercial uses such as car wash facilities. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element: Land Use Element Goal 1 promotes a balance of land uses to address basic community needs; Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. Urban Design Goal 1 to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Specifically, Policy 1.5 to enhance architectural forms, textures, colors, and materials are expected in the design of all projects. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. 11. The Commission failed to perform review of the Car Wash Project's environmental impacts under the California Environmental Quality Act because it erroneously determined that the Project was categorically exempt from CEQA review as an infill development project. Summary of Appeal Reasoning: The car wash project contradicts the General Plan Land Use element's goals and policies that the car wash project will have significant impacts on traffic and noise based on the peer review of the project by RK Engineering Group Inc. and that the Commission did not require a noise study for the car wash project prior to approving the CUP. In addition, that exceptions to the categorical exemption related to cumulative impacts and unusual circumstances are applicable. Finally, that the previous development in 2018 which included a retail and restaurant project required a mitigated negative declaration and mitigation monitoring program. Staff Response: The Commission determined that the project was categorically exempt in accordance with the CEQA (Environmental Review No. 2019-69) Guidelines Section 15332, Class 32 (In -fill Development Projects). This exemption is applicable to the project as the project is consistent with the General Plan and zoning designation, is less than five acres (1.46-acre site) and is surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project would not result in any significant effects related to traffic, noise, air quality or water quality as indicated by the Traffic Study dated May 2019 prepared by Linscott, Law and Greenspan, 75A-5