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10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />53. Petitioner, Karina Conklin, visited the City Planning Department in person in early <br />July 2019, and specifically inquired as to whether the development at 301 N. Tustin Avenue had <br />changed from the Original Project approved by Respondents to a project involving a car wash. <br />Respondents informed Ms. Conklin that only the 2018 Original Project was before the City, and <br />referred her to the information page for the "Russell Fischer Commercial Center" on the City's <br />website. (See https;//www.sauta-ana.orR/pb/planning-divisionhnalor-Ianning_projects-and- <br />documents/russelI-Fischer-commercial-center). Petitioner Conlin, as a concerned Santa Ana <br />business owner, requested Respondents to inform her if the project changed. Despite Petitioner <br />Conklin's request, Respondents did not include her in the notification list for the August 30th <br />which was distributed only to those within 500 feet of the Revised Project. <br />54. Contrary to the City's representation to Petitioner Conklin, Respondents received <br />new development plans replacing the Retail/Restaurant portion of the project on 301 N. Tustin <br />Avenue with the massive Revised Project on April 26, 2019. Respondents also received payment <br />from Real Party in Interest and applicant Russell Fischer for review of the Revised Project on <br />April 26, 2019. Moreover, Respondents' Planning Department submitted a "Discretionary Action <br />New Submittal" memo to various City departments on May 1, 2019 regarding the newly proposed <br />Revised Project for 301 N. Tustin Avenue. Respondents also received a "Revised Focused Traffic <br />Impact Analysis Report" from Real Parties in Interest for the Revised Project on or about May 17, <br />2019. Respondents' project page for the "Russell Fischer Commercial Center" on the City's <br />website reflected the Original Project until August 29, 2019, when the Revised Project was finally <br />displayed — four months after Respondents received development plans and payment for the <br />22 Revised Project. <br />23 55. Respondents took active measures to conceal the evolution of the project at 301 N. <br />24 Tustin Avenue from the Original Project that, for over three (3) years, had been explained to the <br />25 public, discussed at numerous City meetings and hearings, shown to the public with site plans and <br />26 project mock ups, and displayed on the project page on the city's website as the Russell Fischer <br />27 Commercial Center up until ten (10) days before the September 9t' hearing. Moreover, <br />28 Respondents should have informed Petitioners that the project at 301 N. Tustin Avenue did in fact <br />18 <br />PETITION FOR WRIT OF MANDATE <br />