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9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />50. The August 30" Notice also stated that the Revised Project was categorically <br />exempt from CEQA environmental review as an in -fill development project: <br />"[T]he project is categorically exempt from further environmental review pursuant <br />to CEQA Guidelines Section 15332, Class 32, In -fill Development Projects. This <br />exemption applies to in -fill development provided it is consistent with the General <br />Plan and zoning designation. The combined development site is 1.46 acres and <br />surrounded by urban uses. The site was previously developed with commercial uses <br />and has no habitat for endangered, rare or threatened species. The project will not <br />result in any significant impacts related to traffic, noise, air quality or water quality <br />according to the traffic impact analysis and with implementation of water quality <br />requirements." <br />51. Thus, even though Respondents determined in late 2018 that the Original Project for <br />301 N. Tustin Avenue required environmental CEQA review and adopted the MND and MMRP, <br />in part because 301 N. Tustin Avenue was found to be located "within a sensitive area and may <br />cause a substantial adverse change in the significance of [the Gabrieleno Band of Mission Indians <br />— Kizh Nation's] tribal cultural resources," Respondents determined that the Revised project by <br />substituting a massive car wash in the place of the retail building on 301 N. Tustin Avenue would <br />have no significant effect on the environment and did not need to comply with the previously <br />adopted MND. Accordingly, Respondents both posted and filed the Notice of Exemption for the <br />Revised Project on September 10, 2019. <br />G. The City Concealed the Revised Project From Petitioners and the Public <br />52. Prior to Respondents publishing and distributing the August 301 Notice, certain <br />Petitioners inquired about the project development at 301 N. Tustin Avenue because it was well <br />that the property owner, Real Party in Interest Russell Fischer, LP, owned six (6) car <br />washes in Orange County, and Real Party in Interest Richard Finkel of Bundy -Finkel Associates, <br />is a car wash developer that sits on the board of the Irvine Advisory Group — Carwash Consultants <br />- "a consultancy headed by Paul Dadgar that has specialized in all facets of the carwash industry <br />for over 25 years." Accordingly, astute residents and business owners like Petitioners found it <br />curious that a car wash owner and a car wash developer would tear down the existing car wash on <br />325 N. Tustin Avenue, and develop on 301 N. Tustin Avenue a multi -tenant commercial retail <br />center with restaurant. <br />WRIT OF MANDATE <br />