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61 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />containing materials (ACM) and, perhaps, lead- based paint (LBP) may be <br />present. Exposure to either ACM or LBP may expose construction workers <br />and people in the vicinity of the project site to potential health risks." <br />43. Respondents adopted the MND and MMRP on or about November 20, 2018, and <br />approved the Original Project. Respondents specifically approved: (a) a resolution approving <br />general plan amendment No. 2018-05 to re -designate 301 N. Tustin Avenue from Professional & <br />Administrative Office (PAO) to General Commercial (GC), per Real Parties' request; (b) an <br />ordinance approving General Plan amendment 2018-08 to rezone 301 and 325 North Tustin <br />Avenue from Professional to General Commercial (C2); (c) a conditional use permit to allow an <br />eating establishment with drive -through service at 301 N. Tustin Avenue; and (d) certain variances <br />that pertained to 325 N. Tustin Avenue only. <br />E. The Developer Demolished the Restaurant on 301 N. Tustin Avenue which <br />Disrupts Petitioner's Dental Business <br />44. Petitioners are informed and believe that in or about February 2019 and May 2019, <br />City approved permits to demolish the restaurant on 301 N. Tustin Avenue and Real Parties <br />the restaurant thereafter. <br />17 45. Months ago, and with no prior notice to Petitioner Choe, Real Parties began <br />18 demolition of the restaurant building on 301 N. Tustin Avenue. The building was located roughly <br />19 in the middle of the site. The demolition caused such severe, jarring vibrations inside Petitioner <br />20 Choe's building, and such loud noise inside her building, that patients were scared and decided not <br />21 to continue their treatment, Petitioner Choe could not perform the exams or use sensitive, delicate <br />22 dental treatments because of the jarring vibrations, and because it prevented Petitioner Choe from <br />23 being able to focus on the precise medical tasks she was performing. During demolition, <br />24 Petitioner Choe was forced to close her dental practice early, start late, or was unable to take any <br />25 patients at all because the severe vibrations and noise made it impossible to do so. <br />26 46. Petitioners' tenants who operate a massage business in Petitioner Choe's building <br />27 on 171 N. Tustin Avenue, were also prevented from operating their business on several occasions <br />28 during the restaurant demolition on 301 N. Tustin Avenue, due to the extreme noise and vibrations <br />15 <br />PETITION FOR WRIT OF MANDATE <br />