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31 <br />41 <br />51 <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 />office uses within its Municipal Code." (LSA Noise Study, p. 19.) <br />92. The LSA Noise Study found that the "noise levels measured at the end of the car <br />wash tunnel' alone would be 81.9 dBA 13 feet away in the direction of the businesses across the <br />street and 73.7 dBA 20 feet from the end of the tunnel "90 degrees off-center"—i.e. on the other <br />side of Petitioner Choe's dental office. No noise analysis was performed from the interior of <br />Choe's building, or to assess the noise impact on the interior of her building from noise <br />emanating through the wall of the tunnel, which is only inches away. The LSA Noise Study also <br />failed to consider the vibrations that would be generated, and how they would be felt inside her <br />building. <br />93. Petitioners are informed and believe that Respondents have never before cited to or <br />disclosed the LSA Noise Study because since its creation in July 2019, Respondents removed <br />Condition 21 to the CUP approval. The Condition of Approval for the car wash as set forth in the <br />attachments to the staff report for the September 9, 2019 Planning Commission hearing on the <br />Revised Project only require compliance with "City noise ordinance standards," and no longer <br />the General Plan (the Noise Element) as it did when LSA prepared the Noise Study in July <br />.11 <br />"Prior to Building & Safety Division plan check submittal, the Applicant shall <br />submit a technical noise study prepared by a professional firm specializing in <br />preparation of noise studies to the City for review by the Planning Division, Police <br />Department, and Code Enforcement Division that demonstrates that the proposed <br />design and equipment of the car wash will conform to City noise ordinances and <br />will minimize noise impacts on adjacent properties. The Applicant shall, to the best <br />of his or her abilities and at his or her sole cost, utilize the same noise specialists <br />employed at the Applicant's other location(s) to prepare the noise readings and <br />studies. Prior to issuance of a permanent certificate of occupancy, the Applicant <br />shall hold a "soft opening" to test all noise -generating equipment onsite and make <br />adjustments as necessary to bring the equipment into compliance with City noise <br />ordinance standards, to the satisfaction of the Planning and Building Agency and <br />Police Department. The Applicant shall submit an updated and revised noise study <br />based on updated field measurements within one (1) month of commencement of <br />operations, and again on the one-year anniversary of the commencement of <br />operations, to ensure compliance with the City's noise ordinances." <br />(CUP 2019-30, Condition to Approval, No. 11) <br />94. Accordingly, with respect to noise, Respondents' have conditioned approval of the <br />29 <br />PETITION FOR WRIT OF MANDATE <br />