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