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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
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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
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10/3/2023 11:57:08 AM
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City Clerk
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Agenda Packet
Item #
17
Date
10/3/2023
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2 <br />studies such as a health risk assessment, air quality <br />assessment, or noise study were not provided with the <br />application. <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 <br />to increased pollution near sensitive receptors. As stated <br />earlier, 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 />studies such as a health risk assessment or air quality <br />assessment were not provided with the application. <br />Goal 2 of the Safety Element ("S") supports the protection of <br />residents and environmental resources from contaminated <br />hazardous material sites and minimize risks associated with <br />the use, production, storage, transport, and disposal of <br />hazardous materials. Policy 2.6 of the Safety Element <br />supports the determination of the presence of hazardous <br />materials and/or waste contamination prior to approval of new <br />uses and require appropriate measures be taken to protect <br />the health and safety of site users and the community. The <br />proposed project will not take appropriate measures to protect <br />the health and safety of the surrounding community. The <br />project, including the proposed reconfiguration of the site, fails <br />to contribute to a stronger protection of local air quality, <br />minimizes environmental impacts associated with the <br />business, and will be detrimental to the existing community. <br />That the proposed use will adversely affect the present economic <br />stability or future economic development of properties surrounding the <br />area. <br />The service station will adversely affect the economic <br />stability or future economic development of properties in the <br />Resolution No. 2023-XXX <br />Page 4 of 7 <br />
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