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passed with five votes in favor and two against (Ayes: Commissioners <br />Escamilla, Oliva, Woo, Pham, Ramos, Noes: Leo, Benninger). <br />M. On July 6, 2023, Michael Ayaz (Appellant) on behalf of Farz, Inc. & Fred <br />Cohen (Applicant), filed Appeal (APPL) No. 2023-06 for modification to CUP <br />No. 2019-41 and CUP No. 2023-03. Pursuant to SAMC Section 41-645, the <br />City Council is authorized to review appeals of Planning Commission <br />decisions and may, after holding a public hearing, affirm, reverse, change, <br />modify the original decision and may make any additional determination it <br />shall consider appropriate within the limitations imposed by Chapter 41 of <br />the SAMC. To support the City's recommendation to deny the appeal <br />applications and uphold the Planning Commission's denial of modification <br />to CUP No. 2019-41 and CUP No. 2023-03, the City prepared a response <br />to the comments contained within both appeals, attached to the Request for <br />Council Action (RFCA) staff report, dated October 3, 2023, contained within <br />the report and attached thereto as Exhibit 8. <br />N. 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 />O. On October 3, 2023, the City Council held a duly -noticed public hearing on <br />Appeal No. 2023-06 for modification to CUP No. 2019-41 and CUP No. <br />2023-03. <br />P. The City Council determines that the following findings, which must be <br />established in order to grant this CUP pursuant to SAMC Sections 41-638 <br />and 41-645, cannot be established for modification to CUP No. 2019-41 to <br />allow the construction of a new service station and CUP No. 2023-03 to <br />allow a land use that requires a regional, state, or federal permit to handle, <br />store, emit or discharge regulated compounds, materials, chemicals, or <br />substances within 500 linear feet of a public park, school (k-12), or <br />residential zone, at 2230 North Tustin Avenue in the C5 zoning 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, the applicant did not submit any studies or additional <br />information to evaluate potential impacts onto surrounding <br />properties, including the adjacent child care facility. Technical <br />Resolution No. 2023-XXX <br />Page 3 of 7 <br />