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Appeal No. 2019-03 <br />October 15, 2019 <br />Page 8 <br />protect their interests. The ConMins were not included on the City's list of <br />individuals/properties to review notice of the hearing. <br />Summary of Appeal Reasoning: The Conklins and other car wash owners were not included <br />in the public hearing mailing list, but they will be directly affected by the project. <br />Staff Response: Notice of the September 9, 2019 Planning Commission meeting was provided <br />in accordance with Santa Ana Municipal Code Section 41-636 and Section 2-153(c) and <br />applicable state noticing requirements by advertising in the Orange County Reporter a <br />newspaper of general circulation, by mailing to owners of property and residents within 500 <br />feet of the project site and posting on the project site on August 30, 2019 10-days prior to the <br />public hearing. In addition, information on the project was posted on the project's webpage in <br />June 2019. The appellant's comments submitted to the Planning Commission on September <br />9, 2019 Exhibit D reflects communication between the appellant and the City. In follow up, on <br />July 1, 2019 an email response was sent providing information on the project including a link <br />to the updated project webpage and a phone conversation with city staff was held <br />overviewing the car wash application. On August 30, 2019, email notification of the Planning <br />Commission public hearing was provided to the same email address that inquired in July. <br />The City Council, in its review of this appeal, must determine whether the findings for granting a <br />CUP as identified in Section 41-638 of the SAMC have been established for CUP No. 2019-30, <br />Variance Amendment No. 2018-10, CUP No. 2019-31 and Environmental Review No. 2019-69. <br />The City Council upon evaluating the record of decision, may uphold or overturn the decision of the <br />Planning Commission, in whole or in part. <br />Environmental Analysis <br />In accordance with the California Environmental Quality Act (CEQA), Environmental Review No. <br />2019-69, the project is exempt pursuant to CEQA Guidelines Section 15332, Class 32 (In -fill <br />Development Projects). This exemption is applicable to the project as the project is consistent with <br />the General Plan and zoning designation, is less than five acres (1.46 acres) and is surrounded by <br />urban uses. The site was previously developed with commercial uses and has no habitat for <br />endangered, rare or threatened species. The project would not result in any significant effects <br />related to traffic, noise, air quality or water quality as indicated by the Traffic Study dated May 17, <br />2019 prepared by Linscott, Law and Greenspan, noise study dated July 2019 prepared by LSA, and <br />Conceptual Water Quality Management Plan prepared for the project. The project site lies within <br />the jurisdiction of the South Coast Air Quality Management District (SCAQMD). As such <br />construction of the project shall comply with SCAQMD Rule 403, which identified measures to <br />reduce fugitive dust and is required to be implemented at all construction sites located within the <br />South Coast Air Basin. The project will not exceed construction or operational emission <br />thresholds established by the SCAQMD. The project can be served by all required utilities and <br />public services. <br />75A-8 <br />