75A - PH KARA GRANT APPEAL - Laserfiche WebLink

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Particularly noteworthy is that the commercial building would be constricted on 301 N. Tustin Avenue, and include a "1,258 square foot eating establishment with drive -through service." The drive through lane was designed to "wrap around the entire building, with the entrance at the south end of the building traveling up and around the east elevation." The Drive through lane met the City's stacking requirements and allowed for approximately 15 cars to queue. (See Exhibit F.) Similarly, the massive express car wash for the 2019 revised Project approved by the Commission, was also situated on 301 N. Tustin Avenue. The car wash tunnel is located adjacent to the southern property line, just like the drive -through for the 2018 Retail Project, and follows along the east side of the property to exit. The stacking lane for the car wash also allows for approximately 15 cars to queue. Attached hereto as Exhibit J are the site plans for the 2018 Retail Project and the 2019 Car Wash Project. These plans illustrate the dramatic similarity between the drive-thru restaurant and the large express car wash. This is brought to the Council's attention because it is believed that the Applicant initially proposed the project plan with the drive-thru restaurant to manipulate the Commission and ultimately the City into granting the general plan amendment that re -designated the 301 N. Tustin Avenue to General Commercial, and to rezone 301 and 325 N. Tustin Avenue from Professional to General Commercial (C2). This amendment and the zone change were necessary because in order to approve the CUP for the 2018 Retail Project for the drive -through restaurant, the General Plan Land Use designation and the zoning designation had to be consistent. It is believed that the Applicant always intended to develop the express car wash proposed in the 2019 revised Car Wash Plan, and only submitted the original 2018 Retail Project plans because the Applicant anticipated less opposition (or no opposition) to a retail building and a drive-thru restaurant than a supersized express car wash. In fact, it is noted in the Commission's staff report for the Project that "the property owner has revised the project to include a car wash component instead of a retail development. The current property owner has been in the car wash industry for over 30 years and operates six locations in Orange County." (Staff Report, p. 3-4.) Unlike the property owner/Applicant, Chace Russell/Russell Fischer LP, the Conklin's only own Speedie Wash, and thus do not have other successful car washes to help absorb any future losses it may suffer. Moreover, Richard Finkel, the individual representing the property owner and Applicant Chace Russell/Russell Fischer LP, is a member of the Irvine Advisory Group committee ("IAG"). The Irvine Advisory Group is a consultancy headed by Paul Dadgar that has specialized in all facets of the carwash industry for over 25 years. The listed services of the IAG are to "provide[] assistance and independent analysis to operators currently in the carwash industry, developers, US and International investors.,." Attached hereto as Exhibit K is bio information on Richard Finkel and the IAG. 24 75A-34