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CUP No. 2025-03 and Variance No. 2025-01 – McFadden and Fairview Development (2745 W. McFadden Avenue and 1001 S. Fairview Street) March 10, 2025 Page 6 4 8 3 7 rapid transit stops, one along Fairview Street to the west of the project site and the other along McFadden Avenue to the south of the of the project site. Therefore, the proposed 106 parking spaces will not require discretionary approval of a Minor Exception or a Variance. Project Background In 1969, the Planning Commission approved Variance No. 69-17 to allow the construction of an 11,043-square-foot commercial strip mall, a 2,148-square-foot restaurant, and a 1,071- square-foot donut shop at 1001 S. Fairview Street. The permits for the construction were issued in 1969. Since then, several permits have been obtained for both interior and exterior tenant improvements for both properties. In 1984, the Planning Commission approved Variance No. 84-01 to allow the construction of a new 2,585-square-foot convenience store at 2745 W. McFadden Avenue. The permits for the construction of the convenience store were issued in 1986. The applicant filed the Development Project (DP) application on October 4, 2022. The DP application was deemed complete and ready for public hearing by staff on October 24, 2024. Lastly, the CUP and Variance applications were submitted on January 6, 2025. Project Analysis Conditional Use Permit (CUP) No. 2025-03 (Noxious Use) CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. Staff notes that apart from the proposed noxious use (service station), other land use components of the project including the proposed site improvements, the new commercial building, and new convenience store are not subject to discretionary review nor approval by the Planning Commission. Therefore, the analysis included in this section will only focus on the proposed noxious use. The City has adopted environmental justice policies and actions in its General Plan to amend use regulations and development standards, in response to community concerns related to environmental pollution and the proximity of certain industrial uses to homes, schools, parks, and other sensitive land uses. In December 2022, the City Council adopted an urgency ordinance (Ordinance No. NS-3035) establishing Section 41-199.4 of the SAMC to require a CUP for noxious uses located within 500 linear feet of a sensitive land use or sensitive receptor. Following the urgency ordinance adoption, on February 7, 2023, the City Council adopted a standard ordinance (Ordinance No. NS-3038) establishing the same requirements for noxious uses. Subsequently, on June 20, 2023, the City Council adopted Ordinance No. NS-3044 amending Section 41-199.4 of the SAMC expanding the separation requirement from 500 to 1,000 linear feet.