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Resolution No. 2023-20 Page 3 of 6 M. Staff prepared a resolution for denial of modification to CUP No. 2019-41 and CUP No. 2023-03 for consideration by the Planning Commission on the consent calendar of the regularly scheduled August 28, 2023 meeting to affirm the action to deny the subject applications, which took place on June 26, 2023. N. The Planning Commission determines that the following findings, which must be established in order to grant this CUP pursuant to SAMC Sections 41-638 and 41-645, cannot be established for modification to CUP No. 2019-41 to allow the construction of a new service station and CUP No. 2023-03 to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (k- 12), or residential zone, at 2230 North Tustin Avenue in the C5 zoning district: 1. That the proposed use will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed project will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The location of the proposed service station is within the vicinity of an existing child-care facility and a residential neighborhood. The proposed use will introduce potential health impacts to occupants and owners of surrounding properties, including staff and children of the adjacent child care facility. As part of the proposal, potential impacts onto surrounding properties, including the adjacent child care facility, from health risks, air quality, and noise were not addressed or evaluated to the satisfaction of the Planning Commission, and the proposed project modification does not contribute to enhancement that addresses these topics. These findings support several goals and policies outlined in the General Plan. Goal 1 of the Conservation Element (“CN”) supports the protection of air resources, improve regional and local air quality, and minimize the impacts of climate change. The proposed project will not improve local air quality as the regular operations of a service station are associated with the management of hazardous substances. Policy 1.5 of the Conservation Element encourages the study of impacts of stationary and non-stationary emission sources on existing and proposed sensitive uses and opportunities to minimize health and safety risks as well as developing and adopting new regulations avoiding the siting of facilities that potentially emit increased pollution near sensitive receptors within environmental justice area boundaries. The proposed project does not minimize health and safety risks that can contribute