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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Appeal No. 2023-06, Modification to CUP No. 2019-41 & CUP No. 2023-03 — Tustin Avenue Service Station October 3, 2023 Page 2 zoned for residential purposes. This request was made prior to recent the zoning ordinance amendments (Noxious Use ordinance), which increased the CUP separation requirement of noxious uses from sensitive receptors from 500 feet to 1,000 feet, adopted by Ordinance No. NS-3044. Prior Planning Commission Action At its regular meeting on June 26, 2023, the Planning Commission received a report and staff presentation, as well as public comments, on the subject CUP applications. Following staff's presentation, the Planning Commission took comments from the public, including the applicant's legal counsel, on the proposed project. The Commission voted 5:2 (Ayes: Commissioners Escamilla, Oliva, Woo, Pham, Ramos; Noes: Leo, Benninger) to adopt a resolution denying modification to CUP No. 2019-41 and CUP No. 2023-03. Appeal Applications On July 6, 2023, appellant Michael Ayaz, on behalf Fred Cohen with CJC Design, Inc. and Farz, Inc. (Applicants), filed Appeal No. 2023-06, pertaining to the Planning Commission's denial of the modification to CUP No. 2019-41 and CUP No. 2023-03. Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions and may, after holding a public hearing, affirm, reverse, change, or modify the original decision, and may make any additional determination it shall consider appropriate within the limitations imposed by the SAMC. DISCUSSION Project Description The applicant is proposing to construct 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. The site will provide five parking stalls, one handicap parking stall, and twelve fueling parking stalls for a total of eighteen off-street parking spaces, exceeding the required off-street parking spaces by one space. To facilitate access onto the site, an easement has been recorded on an adjacent property to authorize reciprocal vehicle access from Tustin Avenue. Moreover, a new driveway is proposed on the northern portion of the property, adjacent to the Santa Clara Avenue frontage. This driveway will be located within 150 feet from the intersection of Santa Clara and Tustin avenues (Exhibit 5). The street frontage along Tustin Avenue has been designed in anticipation of a ten -foot dedication to the City to allow for future street improvements along Tustin Avenue. The landscaped area along both street frontages (Tustin and Santa Clara avenues) will meet the minimum 15-foot requirement. The convenience store will operate between the hours of 5:00 a.m. and 12:00 a.m. (midnight) seven days per week. Should the business owner propose to offer additional hours of service for the convenience store, approval of a separate afterhours conditional use permit will be required. The architecture of the building has been designed to complement the adjacent shopping center to the south. The architecture, earth tone colors, cement plaster finishes, stone