Item 17 - Appeal No. 2023-06 appealing Planning Commission denial of modification to CUP No. 2019-41 and CUP No. 2023-03 – New Service Station at 2230 N Tustin

Home Browse Search

12) as defined in section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes. E. On May 26, 2020, the City of Santa Ana Planning Commission held a public hearing for the proposal of a new service station on the subject site. The Planning Commission unanimously approved CUP No. 2019-41 and Variance No. 2019-05 to allow the construction of a new service station on the subject site. F. On December 20, 2022, the City Council adopted an ordinance to require businesses requiring 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 zones to obtain a CUP (Ordinance No. NS-3038). G. On June 20, 2023, the City Council adopted an ordinance amending various sections of Chapter 41 (Zoning) of the SAMC, which include Section 41- 199.4 Noxious uses, to expand the distance measured from subject properties to the closest point of any public park, school, or property used or zoned for residential purposes from 500 linear feet to 1,000 (Ordinance No. NS-3044). H. The applicant is proposing modifications to the original CUP 2019-41 entitlement to allow construction of a new single -story, 2,150-square-foot commercial building, containing a convenience store, as well as a 2,880- square-foot fueling canopy with six fueling stations. Based on the date on the application, the project is subject to Ordinance No. NS-3038 and subject to a 500 linear foot separation requirement instead of 1,000 linear feet. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve both CUPs for this project as set forth by the SAMC. J. On June 26, 2023, the Planning Commission held a duly noticed public hearing for modification to CUP No. 2019-41 and CUP No. 2023-03. K. At the public hearing, the Planning Commission received a report and staff presentation, as well as public comments, for modification to CUP No. 2019- 41 and CUP No. 2023-03. During the public hearing, representatives of the adjacent property at 2112 East Santa Clara Avenue, as well as community members consisting of residents, representatives and parents of children attending the neighboring child-care facility, spoke in opposition of the project. The comments in opposition were regarding concerns about the potential environmental and operational impacts of the new service station on the surrounding area. L. After receiving a staff presentation and public comments regarding the changes to the project, the Planning Commission voted to adopt a resolution denying modification to CUP No. 2019 and CUP No. 2023-03, providing two findings for denial pursuant to SAMC Section 41-638. The proposed motion Resolution No. 2023-XXX Page 2 of 7