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Appeal No. 2023-06, Modification to CUP No. 2019-41 & CUP No. 2023-03 — Tustin <br />Avenue Service Station <br />October 3, 2023 <br />Page 8 <br />project's original entitlements on May 26, 2020. As an option for consideration, the City <br />Council may approve the applicant's appeal and overturn the Planning Commission's <br />June 26, 2023 decision to deny the project, based on the analysis presented in the June <br />26, 2023 staff report (Exhibit 9). Action No. 2 would result in approval of the project as <br />originally conditioned by staff. The findings supporting this Action are as contained in <br />the draft resolution included herein as Exhibit 1 b. <br />Alternatively, the City Council may approve the project as originally recommended by <br />staff, also based on the on the analysis presented in the June 26, 2023 staff report, but <br />with modified conditions as determined to be appropriate by the City Council. By <br />following this alternative, Action No. 3, the City Council would find that the project <br />satisfies all five findings of fact enumerated in the draft resolution included herein as <br />Exhibit 1 c. <br />Public Notification and Community Outreach <br />Public notifications were posted, published, and mailed in accordance with City and <br />State regulations. Copies of the public notice, including a 1000-foot notification radius <br />map, and the site posting are provided in Exhibit 10. <br />The property is located within the Meredith Parkwood Neighborhood Association. Staff <br />contacted the representatives of this Neighborhood Association by email and by phone <br />in advance of the City Council hearing on the appeal application. At the time of this <br />report's printing, no additional concerns were identified. <br />During the Planning Commission hearing, several community concerns were discussed <br />in regards to toxic fume impacts, traffic impacts, unintended loitering and concern with <br />an increase in the presence of the unhoused population within the area. Moreover, in <br />advance of the Planning Commission hearing, a total of 20 written comments were <br />submitted and are attached to Exhibit 9, the Planning Commission agenda packet for <br />the project. <br />ENVIRONMENTAL IMPACT <br />Denial of Appeal No. 2023-06, Action No. 1, would result in upholding the Planning <br />Commission's June 26, 2023 denial of the requested entitlements, thereby resulting in <br />no project. Therefore, there is no environmental impact associated with Action No. 1. <br />Approval of Appeal No. 2023-06, thereby resulting in approval of modification to CUP <br />No. 2019-41 and approval of CUP No. 2023-03, Action No(s). 2 or 3, would result in <br />approval of the project entitlements. Therefore, approval of the requested entitlements <br />is subject to the requirements of environmental review by the California Environmental <br />Quality Act (CEQA). In the original analysis based on staff's recommendation of <br />approval, staff found that pursuant to the California Environmental Quality Act (CEQA) <br />and the CEQA Guidelines, the project is exempt from further review pursuant to Section <br />15303 of the CEQA Guidelines (Class 3 — New Construction or Conversion of Small <br />