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 6 Use Element ("LU") encourages a land use plan that improves quality of life and respects our existing community. Policy 1.1 supports the compatibility between land uses to enhance livability and promote healthy lifestyles. The proposed project land use is not compatible with the surrounding community. Goal 2 of the Land Use Element encourages a balance of land uses that meet Santa Ana's diverse needs. Policy 2.2 of the Land Use Element encourages a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities. The proposed project is located near four other service stations within a half -mile area and will contribute to an overconcentration of the service stations in the area. Policy 2.7 of the Land Use Element supports land use decisions that encourage the creation, development, and retention of business in Santa Ana. The proposed project will contribute negatively to a neighboring existing business. Policy 3.7 of the Land Use Element promotes a clean, safe, and creative environment for Santa Ana's residents, workers, and visitors. The proposed project may also contribute to the increase in presence of the unhoused population in the area and near a child care facility and residences. Goal 4 of the Mobility Element ("M") coordinates transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. Policy 4.9 of the M supports the utilization of land use, building, site planning, and technology solutions to mitigate exposure to transportation - related air pollution, especially in environmental justice focus areas. The proposed project will contribute negatively to the increase in vehicular traffic in the area. Goal 1 of the Conservation Element ("CN") supports the protection of air resources, improve regional and local air quality, and minimize the impacts of climate change. The proposed project will not improve local air quality as the regular operations of a service station are associated with the management of hazardous substances. Policy 1.5 of the Conservation Element encourages the study of impacts of stationary and non -stationary emission sources on existing and proposed sensitive uses and opportunities to minimize health and safety risks as well as developing and adopting new regulations avoiding the siting of facilities that potentially emit increased pollution near sensitive receptors within environmental justice area boundaries. The proposed project does not minimize health and safety risks that can contribute to increased pollution near sensitive receptors. As stated earlier, the applicant did not submit any studies or additional information to evaluate potential impacts onto surrounding properties, including the adjacent child care facility. Technical studies such as a health risk assessment or air quality assessment were not provided with the application. Goal 2 of the Safety Element ("S") supports the protection of residents and environmental resources from contaminated hazardous material sites and minimize risks associated with the use, production, storage, transport, and disposal of hazardous materials. Policy 2.6 of the Safety Element supports the determination of the presence