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 4 zoning district and to allow the construction of a driveway within 150 feet of an intersection, respectively. Following the Planning Commission's original approval, the applicant submitted a request to modify the approved project, which necessitated filing of a CUP modification application, as well as the now -required noxious uses CUP application. For a complete analysis of the project and of the facts substantiating staff's recommendation of approval to the Planning Commission, please see Exhibit 9. Planning Commission Determination Supporting Denial CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. The following sections discuss the applicant's request and the Planning Commission's issues of concerns that led to their decision to deny the project. Modification to Existing Conditional Use Permit for Service Station Use The applicant is requesting approval of a CUP to allow the operation of a service station. The C5 zoning district allows for a range of commercial uses complementary to arterial roadways such as Tustin Avenue. Service stations in the C5 zoning district require approval of a CUP to ensure high -quality design and site planning that will not disrupt circulation and development patterns along such arterial roadways. The CUP also provides a means to ensure high -quality operations, site circulation, and to mitigate impacts on sensitive neighboring uses. Additionally, the SAMC requires specific standards for service stations, which are listed under Section 41-374. The proposed site plan relocates the location of the approved fuel canopy from the southwestern end of the site to the northeastern end of the site near the intersection of Tustin Avenue and Santa Clara Street. The relocation of the fuel canopy increases the buffer between the project site and the adjacent school use to the west. The convenience store is proposed to be relocated from the northeastern end of the property to the south western end, adjacent to the western side property line. However, the proposed location of the service station adjacent to a child care facility will contain several negative impacts onto the surrounding community which the redesign of the site does not address. The Planning Commission found that the applicant's request for a CUP modification to allow a service station and convenience store will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The location of the proposed service station is within the vicinity of an existing child care facility and a residential neighborhood. The proposed use will introduce potential health impacts to occupants and owners of surrounding properties, including staff and children of the adjacent child care facility. Moreover, the established use of a service station will adversely affect the present economic stability or future economic development of