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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 />N. Tustin Avenue was developed with a restaurant located in the center of the property and had <br />been used as such since 1965. The generation of noise from the industrial equipment used within <br />the car wash tunnel, the twenty (20) vacuum bays, the extremely close proximity of the tunnel to a <br />highly sensitive use, and the location of the car wash primarily surrounded by office/professional <br />uses, is unique. The car wash will have a significant effect on the surrounding environment <br />especially, Petitioner Choe's property and medical and dental practice, as well as her tenant's <br />massage business, pedestrian traffic directly in front of the tunnel, and professional/business office <br />directly across the street. <br />90. Immediately prior to filing this Petition, Petitioners became informed and on that <br />believe that Respondents disclosed for the first time that a noise study had been performed <br />for the car wash portion of the Revised Project. The LSA Noise Impact Analysis dated July 2019 <br />I (the "LSA Noise Study") cites two (2) of Respondents' conditions of approval for the Revised <br />Project: <br />Conditions of Approval <br />The City requires that the following conditions of approval be met: <br />21, Submit a technical noise study prepared by a firm specializing in noise studies to the City for <br />review by the Planning Division, Police Department, and Code Enforcement Division that <br />demonstrates that the existing exterior noise levels and that the proposed design and <br />equipment of the car wash will conform to City noise ordinances, and the General Plan, and <br />will minimize noise impacts on adjacent properties. <br />22, A condition of approval for the project will include a requirement for the applicant to submit <br />a noise study based on updated field measurements within one month of commencement <br />of operations (issuance of a certificate of occupancy), and again on the one-year anniversary <br />of the commencement of operations, to ensure compliance with the City's noise ordinances. <br />(LSA Noise Study, p. 8.) <br />91. The LSA Noise Study goes on to state: "This analysis has been prepared to satisfy <br />Condition of Approval 21." (LSA Noise Study, p. 10.) The LSA Noise Study determines that <br />there are no surrounding sensitive uses because they are all commercial and office uses. (Id. at p. <br />11.) The City's general plan noise element provides that the desirable maximum noise level for <br />commercial land use is 65 decibels and the maximum acceptable noise level is 70 decibels. "The <br />City of Santa Ana does not currently have specific requirements for commercial and medical <br />28 <br />PETITION FOR WRIT OF MANDATE <br />