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 7 of hazardous materials and/or waste contamination prior to approval of new uses and require appropriate measures be taken to protect the health and safety of site users and the community. The proposed project will not take appropriate measures to protect the health and safety of the surrounding community. The project, including the proposed reconfiguration of the site, fails to contribute to a stronger protection of local air quality, minimizes environmental impacts associated with the business, and will be detrimental to the existing community. Appeal Applications Pursuant to Section 41-645 an appeal from a decision of the Planning Commission can be made by an interested party, individual, or group. An appeal application was received appealing the Planning Commission's decision to deny modification to CUP No. 2019-41 and CUP No. 2023-03. The appellant is requesting that the City Council overturn the Planning Commission's decision and approve modification to CUP No. 2019-41 and CUP No. 2023-03 based on nine factors. These include concerns related to how the Planning Commission public hearing was conducted, General Plan consistency, and concerns regarding State law violations; these nine factors were provided without the benefit of evidence. As it relates to the concerns about the public hearing process, the Planning Commission held a duly -noticed public hearing on the item in accordance with all SAMC and State requirements, after which it denied the CUP. The Planning Commission agenda packet prepared for the project contained all necessary information for the Planning Commission to evaluate the applicant's request. The agenda packet is provided as Exhibit 9. A copy of the submitted appeal application is provided as Exhibit 6 attached to this report, and a full response to the nine claims made in Appeal No. 2023-03 is provided as Exhibit 8 attached to this report. Recommendations to City Council The City Council has the option to consider any one of the recommended actions presented in the Recommended Actions section of this staff report. The information and analysis contained in this report reflect the Planning Commission's discussions, concerns, and findings leading to their decision to deny the requested entitlements. Action No. 1 would uphold the denial as determined by the Planning Commission. The draft denial resolution supporting this action has been included herein as Exhibit 1 a. Staff's original analysis of the project led to a recommendation to approve the requested entitlements based on the factors presented in the June 26, 2023 Planning Commission staff report (Exhibit 9). This recommendation was based on multiple factors, including the project's redesign to buffer sensitive land uses from the proposed service station's fuel pumps, site plan enhancements, and because the project would lead to development of a long -vacant parcel at a key intersection of the City. These factors were also taken into account when the Planning Commission voted to approve the