Walters v. City of Redondo Beach

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The City approved a conditional use permit (CUP) for construction of a combination car wash and coffee shop on a vacant lot adjacent to homes owned by appellants. Appellants filed a petition for writ of mandate challenging the City's finding that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), Pub. Resources Code 21000 et seq. The trial court denied the petition. The court concluded that the City properly determined that the car wash and coffee shop project satisfies the categorical exemption requirements of Guidelines section 15303, subdivision (c) because there is no dispute that the proposed car wash and coffee shop is a commercial structure of less than 10,000 square feet that is to be built in an urbanized area zoned for commercial use. There also is no dispute that “all necessary public services and facilities are available” and that the surrounding area is not considered “environmentally sensitive.” Furthermore, appellants’ speculation that the car wash operation might include hazardous substances is not supported by the administrative record. The court concluded that the unusual circumstances exception is not applicable in this case. Finally, appellants' argument that the City erred in issuing the CUP pursuant to the Municipal Code is without merit. Accordingly, the court affirmed the judgment. View "Walters v. City of Redondo Beach" on Justia Law