Group Sues City Over Carwash Proposal

A group of homeowners who lost a two-year battle to block a proposed carwash and gas station have filed suit against the city, stating that an environmental impact study should have been done.

In the lawsuit, filed Dec. 29 by residents of the Villas at Rancho San Joaquin in Orange County Superior Court, requests that the Planning Commission’s approval of the project in October be invalidated.

“The city’s action of proceeding with the information that they had on hand was inappropriate,” said Jim Linhart, a member of the Villas Ad Hoc Committee, which filed the lawsuit. “It is our contention and our belief that they were acting with bad information.”

Developer J.M. Burnstine, a Newport Beach resident with offices in Lake Elsinore, won Planning Commission approval for his project twice, only to be rejected each time on appeal to the City Council.

On Nov. 28, a divided City Council refused to overturn the commission’s third approval of the modified project.

Residents say they fear that their property values will be hurt by excessive noise and traffic generated by the carwash and gas station, planned for a 1.7-acre lot at Culver and Michelson drives.

Burnstine said the residents’ fears are based on inaccurate information.

“If you misrepresent the project . . . that’s not legitimate,” Burnstine said.

City Atty. Joel D. Kuperberg said city planners determined that there would be no environmental effect from the development, which precluded the need for an environmental impact study.

“Under state law, if it’s determined there are not going to be any impacts, the city may adopt a negative declaration instead of an environmental impact report,” Kuperberg said.