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 5 properties surrounding the area as the use will contribute to an increase of traffic in the area and negatively affect business operations of the adjacent child care facility. Conditional Use Permit for Noxious Uses In response to community concerns related to environmental pollution and the proximity of certain industrial uses in relation to homes, schools, and parks, the City has adopted environmental justice policies and actions in its General Plan to amend use regulations and development standards. On December 20, 2022, the City Council adopted an Urgency Ordinance establishing Section 41-199.4 of the SAMC to require a conditional use permit for certain land uses of an industrial nature near sensitive land uses. Pursuant to Section 41-199.4(a), land uses requiring a permit from 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 residences are subject to approval of a CUP, which has since been amended to specify applicability to noxious uses within 1,000 feet of these sensitive land uses. The Planning Commission discussed the need for the applicant to include studies or additional information to help evaluate the potential impacts onto surrounding properties, including the adjacent child care facility. Technical studies such as a health risk assessment, air quality assessment, or noise study should have been provided with the application. The Commission also found that the applicant's request for a CUP for a noxious use 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 adjacent to a child care facility and residential neighborhood will negatively impact the future health of persons residing and working in the vicinity. Additionally, the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The existence of a service station near a child care facility, including secondary impacts resulting from fueling operations, fuel deliveries, and convenience store deliveries, will create noise and vibration impacts on surrounding properties, including the adjacent child care facility. General Plan Consistency In its decision to deny the requested applications, the Planning Commission found that approval of this application will not be consistent with the goals of the General Plan, specifically Goals 1 and 2 of the Land Use Element, Goal 4 of the Mobility Element, Goal 1 of the Conservation Element, and Goal 2 of the Safety Element. The project is located within the General Commercial (GC) land use designation, which allows for highly visible and accessible shopping opportunities along arterial corridors and supports the development and continued operation of recreational, cultural, entertainment, employment, and educational opportunities near established residential neighborhoods. The approval of modification to CUP No. 2019-41 and CUP No. 2023- 03 fails to support several policies contained in the General Plan. Goal 1 of the Land