2023-066 - Denying Appeal No. 2023-06 and Upholding the Determiniation of the Planning Commission to Deny a Modification - 2230 N. Tustin Ave.

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M. On July 6, 2023, Michael Ayaz (Appellant) on behalf of Farz, Inc. & Fred Cohen (Applicant), filed Appeal (APPL) No. 2023-06 for modification to CUP No. 2019- 41 and CUP No. 2023-03. Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions and may, after holding a public hearing, affirm, reverse, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by Chapter 41 of the SAMC. To support the City's recommendation to deny the appeal applications and uphold the Planning Commission's denial of modification to CUP No. 2019-41 and CUP No. 2023-03, the City prepared a response to the comments contained within both appeals, attached to the Request for Council Action (RFCA) staff report, dated October 3, 2023, contained within the report and attached thereto as Exhibit 8. N. Staff prepared a resolution for denial of modification to CUP No. 2019-41 and CUP No. 2023-03 for consideration by the Planning Commission on the consent calendar of the regularly scheduled August 28, 2023 meeting to affirm the action to deny the subject applications, which took place on June 26, 2023. O. On October 3, 2023, the City Council held a duly -noticed public hearing on Appeal No. 2023-06 for modification to CUP No. 2019-41 and CUP No. 2023- 03. P. The City Council determines that the following findings, which must be established in order to grant this CUP pursuant to SAMC Sections 41-638 and 41-645, cannot be established for modification to CUP No. 2019-41 to allow the construction of a new service station and CUP No. 2023-03 to allow a land use that requires 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 residential zone, at 2230 North Tustin Avenue in the C5 zoning district: That the proposed use will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed project 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. As part of the proposal, 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, air quality assessment, or noise study were not provided with the application. Resolution No. 2023-066 Page 3 of 7