NEW INFORMATION: 7-11 Seeks EXEMPTION to Environmental Quality Guidelines
JUST DISCOVERED: 7-Eleven is seeking an exemption from California's environmental quality regulations under false pretenses.
Citing CEQA Guidelines section 15302 (Class 2) & 15303 (Class 3) on their notice of public hearing, seeking to exempt themselves from having to consider community environmental impact. NEITHER APPLIES TO THIS DEVELOPMENT.
Section 15302 Class 2 reads (emphasis added):
"Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to:
A. Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures that do not increase capacity more than fifty (50) percent;
B. Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity;
C. Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity;
D. Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding. (Ord. 5119-B, 2001)"
7-Eleven's proposed new structure will require the complete demolition of the existing building. Not to mention that a convenience store is absolutely NOT "substantially the same purpose" as a car garage.
Section 15303 Class 3 reads (emphasis added):
"Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel or to be associated with a project within a two-year period. Examples of this exemption include but are not limited to:
A. One single-family residence or a second dwelling unit in a zone which permits residential uses. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption;
B. A duplex or similar multi-family residential structure totaling no more than four dwelling units if not in conjunction with the building or conversion of two or more such structures. In urbanized areas, exemption applies to single apartments, duplexes, and similar structures designed for not more than six dwelling units;
C. A store, motel, office, restaurant or similar commercial or institutional structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.
D. Water mains, sewage, electrical, gas, and other utility extensions including street improvements, to serve individual customers;
E. Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. (Ord. 5119-B, 2001)"
The proposed development, according to their own application, is 2744 square feet. The planned site (6201 Franklin ave) also currently has FOUR open CalEPA hazardous waste violations (click to view), which are ongoing.
7-Eleven corporate is already cutting corners & they haven't even broken ground! They are clearly willing to sacrifice the safety of this entire community for their profit. These issues are in addition to the dangers of drastically increasing traffic in an already heavily congested area. Other 7-Eleven franchise owners have reported a minimum of 5000 cars per day at their locations! 5000 more cars a day on Franklin Ave? Unacceptable.
Attend the City Planning hearing on May 18th. Say NO to 7-Eleven!
UNNEEDED. UNWANTED. UNSAFE.